R. v. Brewer, 2019 ONCJ 896

CITATION: R. v. Brewer , 2019 ONCJ 896 DATE: November 21, 2019 Information No. 2811-998-19-35020-00 ONTARIO COURT OF JUSTICE HER MAJESTY THE QUEEN V. MATTHEW BREWER R E A S O N S F O R S E N T E N C E BEFORE THE HONOURABLE JUSTICE P. WEST on November 21, 2019, at OSHAWA, Ontario APPEARANCES : D. Parke Counsel for the Crown D. Butt Counsel for Matthew Brewer WEST, J. (Orally): I think it is always an important point in a person's life when they can admit they either have an addiction or they have some issue that they need to address. That is a very important point.

So that likely is not today for you, if you are sober 169 days. It likely happened some time ago. But the fact of the matter is it should be a day that you remember from that point on. That is an important day. But I do want you to understand I have been doing this a lot longer than you have and I can tell you as a judge and as a defence lawyer before, if you also do not realize that is the first step saying, "I'm an alcoholic". The next step is taking help from the people who are prepared to assist you. And there will be lots of people that want to assist you.

I have a sense from some of the materials that I read, that you probably have some family that is supportive of you, and that is an important thing. You probably have some good friends that are supportive of you. But you are going to need help from professionals and you are going to need help - if you are not already doing this, you are going to need help from people who are just like you. Other recovered alcoholics who are now sponsors in AA programs or NA programs, whatever program. I have a friend who, over 25 years ago, recognized that he was an alcoholic and was a drug addict. He lost his first marriage.

Now, his ex-wife is a very good personal friend of his. He almost lost his relationship with his children from his first marriage, but they are all parents themselves now and they have all restored their relationships with their father. And he is a grandfather with those, and he always jokes that God is punishing him because he now has a second family and he has teenagers again for the second time. But the fact of the matter is over 25 years sober and drug-free, he goes three nights a week to AA still. And why?

Because when he was at his lowest, he had a couple of sponsors that assisted him like nobody else could. So that is the first thing I'm going to tell you. I cannot tell you how important that is. If he was here that is what he would say to you. Are you going to AA? Are you going? MATTHEW BREWER: I'm going to meetings. Yes, sir. THE COURT: That is one of the keys to all of this. The second key, and based on the materials that Mr. Butt put before me, I see this, Is that you are trying to get to the bottom of why this all happened. There was no reason you should be in the position that you are right now.

You lived a life that most people in our community do not get to live. You are a police officer. You had reached a point in your life where that is a pretty incredible accomplishment. And something happened and you need to discover what it was. And I hope that

you have already started to gain some insight into that. There are hints of it in the materials that Mr. Butt gave me. But I can tell you that is also a key to you not drinking again, because you have got to have insight and awareness of what the triggers are that cause you. Because I can tell you that the facts that were read to me were horrific. MATTHEW BREWER: Yeah. THE COURT: And I think you know that. They have got to be tremendously embarrassing to you, because to be frank, you are a police officer. You had been in trouble once before - a year before, and you were still drinking.

Now, I understand what addiction is and I understand what it is to be an alcoholic, and I know how difficult it can be. And you may not have reached that point where you made the statement that you recognized that you were an alcoholic. Maybe not, right? And that is why you were still drinking. But today, you feel better than you have ever felt since you were a young man, and you have been 169 days sober. Those are accomplishments and you are to be commended for that. Because you are putting your life back together. MATTHEW BREWER: Yeah.

THE COURT: You are still a young man, still have lot of living left to do, and you should not throw it all away. But your conduct on that particular day, with those readings, I think as a police officer you know how much more serious that could have been. MATTHEW BREWER: Yes, I do. THE COURT: And that is what Mr. Parke was talking about. And I can tell you, as a judge, I see this far too often. I have had to sentence individuals for lengthy sentences where people have been seriously injured as a result of a driver who has consumed alcohol. Because once you consume alcohol you have no more judgment left.

You have no common sense. You are going to get behind the wheel even when your friends are telling you, you cannot drive. You just ignore them because you are drunk. And I have sentenced - I think as you probably know, sentences now for where there is a death start at five or six years and work their way up. There have been sentences of 10 years and 11 years in the last few years now. So these are serious matters. Maybe this was the wakeup call for you. I hope that it was. So first thing is the admission, I'm an alcoholic. Second thing is to recognize you cannot do this by yourself. You need others to assist you.

That is what this probation will all be about. I do not see probation as punishment. I see probation as rehabilitation. And that is what has been talked about by Mr. Parke and by your lawyer, Mr. Butt, and what is clearly reflected in the materials that were filed with me. So my hope is that you take that, you grasp it and you work hard, and that you work hard for the rest of your life. MATTHEW BREWER: I will. THE COURT: Because if my friend was here he would tell you it does not end as of today. MATTHEW BREWER: No, I know. THE COURT: It does not end as of today.

It is every single day for the rest of your life, you have got to come to that point, so - and then the last thing, of course, is you trying to figure out what caused all this to begin with and what can I do to make sure that I know what the triggers are and how to prevent it from happening. So I do not have a problem with the joint submission. You heard me say to Mr. Parke it was like he as reading my mind. Because I was given materials in advance, I had the facts from October the 9th. I have done my own research in terms of case law.

I know that some of my colleagues are putting people in jail for first offences, but I am not one of those provincial court judges, Ontario Court of Justice judges that does that, particularly when I see a person taking the steps that you have taken, which I think Mr. Parke recognizes as well as the Crown. And that is why it is a joint submission before me today, because you have taken some pretty significant steps in the right direction. And maybe this is the last time you are standing before a judge as opposed to being in a court for another reason - a good reason, right?

MATTHEW BREWER: That's pretty much my wish, sir. THE COURT: I'm sorry? MATTHEW BREWER: It's very much my wish not to be here in this position. THE COURT: Well, I understand - I understand that, so - but again, that alone cannot stop you from falling off the wagon. MATTHEW BREWER: That's right. THE COURT: It is your decision, right? MATTHEW BREWER: Yeah. THE COURT: So, I cannot impress that upon you enough, but I am always very happy to see somebody who is trying to take charge and control of their life, and I try to add my advice, which is do not try to do it by yourself. You will not be successful.

You will be back before the court, unfortunately.

MATTHEW BREWER: I appreciate that. Thank you. THE COURT: So, a $3,000 fine, I think is the appropriate number. I think that the readings are exceedingly high. An aggravating circumstance obviously is that you are a police officer. You do not come before the court with no record. You have a - not serious consequence, a suspended sentence previously. But the fact of the matter is that is aggravating. And it is not that far apart. And there is an accident involved, which also is aggravating. It is not as aggravating as it could have been. You could have hurt somebody. You could have killed somebody.

And then we would be talking about how long you were going to be spending in jail. I will prohibit you from operating a motor vehicle for 18 months, and so the prohibition we put in place on the last occasion, it will be amended and I will sign the amendment because it is a joint submission. It will be 18 months instead of the 12, but it starts from October the 9th. And I am going to place you on probation for a period of 18 months as well.

I will indicate to counsel what I think the terms should be, and if there are other terms that counsel want to run by me, then feel free at the end if I have missed or you think there is something that should be included. Statutory terms, most important is keep the peace, be of good behaviour. You have heard that, I am sure. Everyone in the community has to do that without a court order. You now have 18 months court order that tells you, you have to do that because if you do not, you would be breaching your probation, and that is a court order, and that is a serious matter. You could go to jail for that.

This will be a reporting probation. You will report in person to a probation officer immediately, and after that at all times and places as directed by the probation officer or any person authorized by the probation officer to assist in your supervision. You will live at a place approved of by the probation officer and not change that address without obtaining the consent of the probation officer in advance.

You are to attend and actively participate in all assessment, counselling or rehabilitative programs as directed by the probation officer and complete them to the satisfaction of the probation officer, including but not limited to alcohol abuse or any other reason that the probation officer deems appropriate. I want you to be open and honest with your probation officer. They know agencies, they know counsellors that may be able to deal with whatever you have started to uncover of the specific issues from previous times. And that will be of help to you.

You will sign any release of information forms as will enable your probation officer to monitor your attendance and completion of any assessments, counselling or rehabilitative programs as directed. And you shall provide proof of your attendance and completion of any assessments, counselling or rehabilitative programs as directed. Those are the terms that I think are the appropriate terms. As I say, I cannot order you to go to A.A. That is a voluntary thing.

That is something you have to make a decision on, but I can tell you anybody that I have ever had appear in front of me or that I represented when I was a defence lawyer, who was an alcoholic, they were the ones that were successful. I am telling you that seriously. They were the ones that were successful. I think of my friend and I tell everyone that I sentence about my friend because he is over 25 years now. He has two families. His life is really good. He has a good job again. Life is really good. He feels like you do right now. MATTHEW BREWER: Yeah. THE COURT: Right now. MATTHEW BREWER: Okay.

THE COURT: And he is an old guy right now. Not so young anymore. So, I wish you the same kind of success, Mr. Brewer. MATTHEW BREWER: Thank you, Your Honour. I appreciate it. THE COURT: All right. CLERK REGISTRAR: Your Honour, how did you wish to apportion the fine? MR. PARKE: Mr. Brewer plead guilty also to dangerous driving. I'll suggest that... THE COURT: Ah. MR. PARKE: ...it be concurrent on.... THE COURT: I will make it.... MR. PARKE: All terms be concurrent on both. THE COURT: I will make it concurrent. MR. PARKE: Thank you.

THE COURT: It is a $3,000... CLERK REGISTRAR: I'm talking about the fine. THE COURT: ...fine and - I'm sorry, Madam Clerk? CLERK REGISTRAR: The fine, it's one fine or cut in half or - I can't do it concurrent. MR. PARKE: Fair. In the circumstances then - we could, I suppose do the $3,000 fine on the impaired driving and then three days pre- sentence custody on the dangerous, but to me it's neither here nor there. THE COURT: I will put the three days - it will be two days pretrial custody and three days credit. That is reflected on the impaired.

The fine is $3,000 on the impaired driving, and it is a suspended sentence. Probation of the 18 months on the other. I will not put the probation on the impaired, Madam Clerk. It will only be on the dangerous driving. MR. PARKE: Thank you, Your Honour. THE COURT: There are no minimum fines for dangerous driving. It is still, as I understand it... MR. PARKE: Yes. THE COURT: ...even under 320 it is still.... MR. PARKE: Correct. THE COURT: It is still open to a judge to even impose a conditional discharge, but I do not think this is appropriate for a discharge. It will be a suspended sentence, probation 18 months.

Okay? CLERK REGISTRAR: Okay. MR. BUTT: Those terms and the apportionment are all agreeable to the defence. THE COURT: Yes. MR. BUTT: Thank you, Your Honour. THE COURT: And Madam Clerk, on the prohibition, is it possible to do that on the impaired and.... CLERK REGISTRAR: They were actually given two separate prohibitions. One is the impaired offences prohibition and the other is just a regular driving prohibition, so I've just amended both to reflect 18 months. THE COURT: That's fine and they're concurrent with each other. CLERK REGISTRAR: Concurrent. Yes. THE COURT: They're concurrent, right?

CLERK REGISTRAR: All you need to do is sign the amendment. THE COURT: Yes, that's fine. CLERK REGISTRAR: Thank you. MR. BUTT: And just in terms of the time to pay the $3,000? THE COURT: You tell me. I was going to ask that next. MR. BUTT: Yes. Could we have within the probation period? THE COURT: What I do is I'll say 12 months, and I'll tell you divide it by 12, that amount. Make monthly payments. If you don't pay the full amount in the 12th month before you reach the end of the - after 11 months have passed, come to the courthouse if you still owe a little bit, and you can make application.

I grant applications all the time. I do not believe people should go to jail for the non-payment of fines. We did away with debtors prison many, many, many, many, many years ago, so I do not believe people should go to jail for the non-payment of fines. But show me good faith and you will get an extension guaranteed. Okay? CLERK REGISTRAR: Sorry, the time was one year? THE COURT: One year, yes. CLERK REGISTRAR: Thank you. THE COURT: I do not like to put it longer than a year. I think that that just sends the wrong message to the public and the community.

I think that a year is - and you divide it by 12, and if there are things that come up, expenses that you have that do not allow you to pay the full amount, then you will make application to me. I get those all the time. MATTHEW BREWER: Thank you.

THE COURT: Okay? Other charges withdrawn? MR. PARKE: Yes, thank you. THE COURT: Thank you. MR. PARKE: At the pleasure of the crown as a result of the plea. THE COURT: Thank you. CLERK REGISTRAR: He can wait in the hallway for his paperwork, please. MATTHEW BREWER: I will. THE COURT: Good luck, Mr. Brewer. MATTHEW BREWER: Thank you, Your Honour. THE COURT: I truly mean that. MATTHEW BREWER: Thank you. THE COURT: I really hope that this what you've said to me is where things are going to go from this point on. MATTHEW BREWER: They will. Thank you. THE COURT: Okay? MR. BUTT: Thank you very much, Your Honour. THE COURT: All right. Thanks, Mr. Butt. **********