R v Flamand, 2023 MBPC 34

CITATION : R v Flamand , 2023 MBPC 34 THE PROVINCIAL COURT OF MANITOBA Winnipeg, Manitoba BETWEEN His Majesty the King ) M. Lavitt ) for the Crown – and – ) ) Kory Keiron Flamand ) S. Zaman ) for the Accused ) ) ) Delivered: ) June 19, 2023 ALLEN, P.J. [ 1 ] Kory Flamand is before the court having plead guilty to 36 charges under section 348(1) (

e) of the Criminal Code – 34 Break, Enter and Commit Theft and two Break and Enter with Intent; five charges of Possess Property Obtained by Crime; and two counts of Robbery while Armed with a Firearm. He also plead guilty to one breach of a condition of his Undertaking. [ 2 ] The Crown seeks a period of incarceration for six years. The defence suggests that incarceration for two years less a day is an appropriate sentence. [ 3 ] Mr. Flamand is 44 years old.

He has a lengthy criminal record which began in 2005 and continued at regular intervals up to convictions in 2019 for three counts of failing to comply with a probation order, three counts of possessing property obtained by crime, and two counts of failing to attend court. His record features many convictions for breaching court orders and for failing to attend court. The record also includes multiple driving convictions including dangerous driving and flight while pursued. [ 4 ] A pre-sentence report (PSR) was prepared in this matter. Mr.

Flamand was raised in Winnipeg until he was 13, at which time his family relocated to Camperville, Manitoba. At some point he was living with his father in Camperville and became exposed to what he described as his father’s excessive use of alcohol. Mr. Flamand believes that both of his parents are residential school survivors. [ 5 ] Mr. Flamand’s father was interviewed for the PSR. He described his son’s upbringing as “pretty normal” (PSR, at page 7) and denied exposing his son to alcohol abuse or abuse in general. His mother agreed as to her child’s exposure to alcohol but denied any other form of abuse.

His mother told the PSR reporter that the family identifies as Métis but says that her son was not exposed to any cultural traditions as a child. [ 6 ] As to the issue of employment, Mr. Flamand has been unemployed since 2018. He told the reporter that he has supported himself through social assistance and participation in the drug trade prior to his arrest. [ 7 ] Mr. Flamand told the reporter that alcohol use has been part of his life since age 12, but in later years he has been addicted to the use of methamphetamine. [ 8 ] Mr.

Flamand relayed that his father had taught him Métis culture and history and that he is now trying to follow the seven sacred teachings. [ 9 ] On a positive note, Mr. Flamand completed the Winding River Therapeutic program while in custody at Headingley Correctional Centre. In addition, he attended a number of other rehabilitation workshops available in that institution. He is currently employed at the jail as a kitchen trustee. [ 10 ] The PSR concluded that Mr.

Flamand presents as a high risk to re-offend. [ 11 ] A victim impact statement was filed by a woman who was employed at the Norwood Hotel and was a victim of one of the robberies that the accused has pled guilty to. She spoke about her residual injuries, saying: “I now consistently get anxiety while working and finding myself judging people as they come in because of what happened.” As well, she wrote: “Concern for my well being at my job never was an issue until this incident.

Most days I am uncomfortable in my position and [this] has made me debate on staying in my current role.” [ 12 ] The offences before the court are set out in full detail in Exhibit S1 “Materials of the Crown”. The offences are too numerous to enumerate herein. In

summary, most of the offences were commercial robberies of businesses, where exterior doors or windows were smashed, and Mr. Flamand and his co-accused entered and stole equipment and merchandise.

[ 13 ] As to the robbery at the Norwood Hotel: This incident took place at 11:24 p.m. on March 4, 2022. Mr. Flamand and two others went to the hotel’s bar. One of the other involved individuals brandished a sawed-off shotgun and demanded that the cash register be opened. [ 14 ] Mr. Flamand has also plead guilty to a robbery at the Boston Pizza on McPhillips Street. He and two co-accused entered the restaurant’s lounge; the co-accused again pulled out what appeared to be a sawed-off shotgun and pointed it at the heads of two employees.

The perpetrators left the scene with between $1,500 and $2,000. [ 15 ] Additional charges included being in possession of stolen vehicles – most of which were damaged when recovered. [ 16 ]

Section 718, the principles of sentencing from the Criminal Code , require that sentencing sanctions have one or more of the following objectives:

a) Denunciation [ 17 ] In this case, this offender is being sentenced for a crime spree that took place between October 28, 2021 and March 11, 2022. Thirty-six counts of breaking and entering, and two robberies while armed. [ 18 ] Denunciation is obviously a sentencing requirement in a case like this. Thirty-six businesses arrived in the morning to discover that the integrity of their workplaces had been violated. Not only is this a significant financial loss to these businesses in terms of goods and equipment stolen or damaged, but it would be a significant disruption in the operation of those businesses.

b) To deter the offender and other persons from committing offences [ 19 ] As with denunciation, deterrence is also an important consideration in this case. Mr. Flamand and others must know that this kind of flagrant anti-social behaviour will meet with significant consequences. Mr. Flamand and his co-accused on two occasions brandished and threatened employees with a shotgun. The injury suffered by victims in situations of that nature is profound, likely life- changing.

c) To separate offenders from society, where necessary [ 20 ] In my opinion, the above noted sentencing principles, coupled with Mr. Flamand’s criminal record, require a period of incarceration to meet these principles.

d) To assist in rehabilitating offenders [ 21 ] As Mr. Flamand is 44 years old and has a lengthy criminal record that goes back to 2005, this principle will be of somewhat less significance than those mentioned earlier. It is to his credit that he has undertaken and completed the Winding River Therapeutic program, and other programming while in custody. By doing so he has demonstrated to some degree an interest and willingness to engage in rehabilitative programming. No offender is too old or criminally experienced to be written off as incapable of rehabilitation.

By his involvement in the available programming at Headingley Correctional, he has made early steps which indicate that there is some hope for rehabilitation.

e) To provide reparations for harm done to victims or to the community [ 22 ] No reparations are possible in this case, as Mr. Flamand will be incarcerated for a period going forward.

f) To promote a sense of responsibility in offenders, and acknowledgement of the harm done to victims or to the community [ 23 ] As stated above, the nature and sheer volume of the criminality in this case causes significant harm, both to the direct victims of these crimes and to society in general. [ 24 ] The fundamental sentencing principle at

section 718.1 , Criminal Code , requires that a sentence be proportionate to the gravity of the offence and the degree of responsibility of the offender. [ 25 ] In this case, the gravity of these offences is obvious. Mr. Flamand’s responsibility is tempered somewhat in that it appears the offences were committed while he was in the midst of a drug addiction. [ 26 ] In terms of aggravating factors in this case, the sheer volume and the protracted nature of this behaviour is aggravating.

At some point along this route of criminality, one would have hoped that the offender would have reconsidered his actions and/or realized the harm he was inflicting on others. Mr. Flamand’s long string of previous criminal involvement is also a factor for consideration in this case, but it is notable that until 2019 his record had not included significant property offences. As noted by his counsel, these offences are his first time being convicted of either robberies, or of breaking and entering. [ 27 ] It is mitigating that Mr.

Flamand has entered guilty pleas, as the prosecution of this many offences would have been a significant undertaking. It is mitigating that Mr. Flamand has completed rehabilitative programming in custody, and that in the interview conducted for the preparation of the PSR he expressed some awareness of the damage caused to his victims. [ 28 ] As the many offences being dealt with today can be categorized as an extended crime spree, they will be sentenced concurrently. [ 29 ] Mr. Flamand is from a Métis family and as such, considerations as to his Indigenous background must be looked at in this sentencing.

It would appear that he has two supportive parents who at this point appear interested and involved. Kory Flamand claims that his father, Keiron Flamand, was an alcoholic throughout his childhood and that this had an impact on him. The elder Flamand denies exposing his son to alcohol and says that the child had a “normal” childhood. The offender’s mother acknowledged that alcohol was

present in the home. [ 30 ] In any event, the offender’s family moved to the Métis community of Camperville at age 13 and Kory Flamand was left in Winnipeg to reside with a family acquaintance. He told the PSR reporter that he was then exposed to alcohol use and an undisciplined lifestyle. Mr. Flamand’s parents both attended residential day school and the elder male Flamand’s father had abandoned his family when Keiron Flamand was a child. [ 31 ] As some point it appears that the offender’s parents lost track of their son and were not in contact with him for a number of years.

Kory Flamand feels that his parents’ treatment of him resulted from their own backgrounds and residential school involvement. [ 32 ] I am satisfied that to some extent the Gladue factors in this case have impacted this offender and must be considered in assessing his overall culpability for these crimes. [ 33 ] I am of the opinion that, considering the Gladue factors in Mr. Flamand’s background, the aggravating and mitigating factors in this case, and with regard to the previously set out sentencing principles, that a significant period of incarceration is called for. In sentencing Mr.

Flamand, I am also considering that it appears that he was in the throes of a drug addiction at the time of these offences and that because he has successfully taken rehabilitative steps while in custody there is some hope that if his addiction can be tempered or beaten the anti-social criminality will cease. [ 34 ] I am also considering that this string of criminality parallels a period of methamphetamine addiction and that he had not previously been involved in these kinds of offences.

This link between Break and Enters and Robberies, and meth addiction, and the rehabilitative work he has done in Headingley, results in an appropriate jail sentence that is less than what might have been expected for the quantity and nature of these crimes. [ 35 ] Accordingly, Mr. Flamand will be sentenced to a period of incarceration for 54 months (or 1642 days). He has 469 days in custody to his credit, which enhanced is 704 days. Going forward his sentence is 938 days. [ 36 ] There will be a mandatory DNA order – to be taken while in custody, and a

section 109 lifetime weapons prohibition. Costs and surcharges are waived. Original signed by Judge Allen H. L. ALLEN, P.J.