2020 QCCQ 5511, 2020 QCCQ 5511

R. c. Lapalme 2020 QCCQ 5511 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF BEDFORD LOCALITY OF GRANBY "Criminal and Penal Division" No.: 460-01-035337-199 460-01-035338-197 DATE: October 26, 2020 ______________________________________________________________________ PRESIDING: THE HONOURABLE SERGE CHAMPOUX, J.C.Q. ______________________________________________________________________ HER MAJESTY THE QUEEN Prosecutrix v.

CHAD LAPALME Accused ______________________________________________________________________ SENTENCING JUDGMENT ______________________________________________________________________ [ 1 ] Chad Lapalme pleaded guilty to the following charges in two separate files: 460-01-035337-199 1. On or about March 1, 2018, in Waterloo, District of Bedford, did have in his possession, for the purpose of trafficking, methamphetamines, thereby committing the indictable offence under section 5(2)(3)(

a) of the Controlled Drugs and Substances Act . 460-01-035338-197 1. On or about March 1, 2018, in Waterloo, District of Bedford, did have in his possession, for the purpose of trafficking, cannabis and cannabis resin, substances included in Schedules II and VII, thereby committing the indictable offence under section 5(2)(3)( a .1) of the Controlled Drugs and Substances Act . [ 2 ] I note from the evidence adduced during the sentencing submissions that the accused is a young man, 28 years old, who never knew his biological father, but was raised by his mother and her spouse.

The spouse, Stéphane Doucet, has always thought of the accused as his son and has acted as if he were. [ 3 ] In fact, the accused was raised on the Doucet family farm, where he has lived practically his whole life. Other members of the Doucet family appear to have lived on this farm, as well as the adjoining land, for many generations, all of them living, in particular, off the products of the land they occupy. [ 4 ] I had the opportunity of hearing from both the accused’s father, Stéphane Doucet, and his grandfather.

I note that they are very hardworking and devoted people, with a strong sense of family. [ 5 ] Apparently, the accused was never particularly gifted at school, at least not academically, but he had strong values and many qualities for practical work, even manual work. While he appears to have been less academically gifted, he did appear to have a talent for technology, mechanics, and more manual labour. [ 6 ] Thus, he left school rather early to work, which he did with impressive zeal. He has also been considerably physically strong since he was young.

I understand that he was involved in the family’s various activities, both those related to agriculture and those related to construction in general. Indeed, alongside agriculture, I understand that the Doucet family has also always worked in construction of all kinds, so that the income from one sector can finance the income from another sector, when one is insufficient. [ 7 ] It appears that, about four years ago, Stéphane Doucet sold most of his equipment and abandoned an insulation business he had been operating.

I understand that the accused Lapalme took this sale very poorly and it caused a rift between him and his father. [ 8 ] Their estranged relationship appears to have caused the accused to leave the family home and move to Waterloo. He did not have a job there. He moved in with his spouse and, from that time on, communicated only minimally with his family. [ 9 ] I understand that he was already consuming cannabis. In Waterloo, he started hanging out with drug users and partying. That period lasted about two years, during which time Chad Lapalme’s drug use increased.

In addition to cannabis, he started using cocaine and methamphetamines. [ 10 ] His consumption caused financial problems. He became a drug trafficker, selling to a dozen friends, for approximately 3 months.

[ 11 ] His supplier, Emmanuel L’Italien, was under surveillance by the police who thus noticed Chad Lapalme’s activities. His apartment became a point of sale. On March 1, 2018, his home was searched, leading to the discovery of 399 methamphetamine pills in four separate bags of about 100 pills each, a little over 3 grams of cannabis resin, 102 grams of cannabis, and almost $3,400 in cash, at least $2,000 of which, at this stage, has been acknowledged as profits from the sale of drugs. [ 12 ] At the time of the search, a number of persons known for being involved in the world of drugs were present.

The accused lived at that location with his spouse and his two young children. [ 13 ] The day after the search, Chad Lapalme returned with his family at the family farm. He stopped using drugs, dropped all his associates from Waterloo, went back to working on the farm and in the construction business, moved in with his father and mother in the ancestral home now shared with his own family, and devoted himself to his family. [ 14 ] However, he has high blood pressure. He has consulted a doctor and is receiving medical care.

He says that he is deeply anguished by the judicial proceedings, regrets his actions, and wants to devote himself to his family.

His family is also helping him rebuild some of his agricultural heritage, while he in turn participates by providing ideas and initiatives. [ 15 ] The evidence of his rehabilitation is also very encouraging. [ 16 ] A presentence report was prepared, which details similar information and essentially confirms the evidence adduced by the witnesses heard. [ 17 ] The sentence imposed must take into account several factors set out in sections 718 et seq. of the Criminal Code . [1] [ 18 ] The principal purpose of the criminal legislative regime is to ensure a just and peaceful society.

It is understood that when an offender is rehabilitated or well placed to become rehabilitated, the objective has been largely attained in relation to that person. [ 19 ] However, it must be emphasized how serious drug trafficking, of any drug, is and that it has severe consequences. The availability of drugs often causes irreversible damage to users, who, in many cases, willfully destroy their future, their family, and their health to procure them. [ 20 ] Chad Lapalme says that he sold these substances for 3 months.

The fact that a person sells drugs to support their own consumption is usually considered a relevant, if not mitigating, factor.

Conversely, as I have previously stated in the district in decisions concerning the same substances and in noting their overabundance, the case law justifies sending a message of deterrence and imposing sufficiently severe sentences to ensure that the message is heard [2] . [ 21 ] While the accused claims that he made very little profit from his drug sales, it cannot be forgotten that more than $3,000 in cash, at least $2,000 of which has been acknowledged as profits from those sales, was discovered, which casts doubt on this statement. [ 22 ] Everyone knows how lucrative it is to sell drugs, which explains its trafficking, and when the accused agreed to traffic drugs to his acquaintances, even to his “friends”, he exposed these persons to the same devastating behaviour with which he was afflicted. [ 23 ] In principal, the prosecution’s request for a sentence of 10 to 12 months of imprisonment is perfectly reasonable.

However, in this case, the accused has shown significant determination, seems to have gotten back on his feet, and appears to have excellent skills and strong social values. [ 24 ] It therefore appears to me that, in light of all these factors, a sentence including intermittent custody and a sentence served in the community is acceptable, followed by probation. [ 25 ] CONSEQUENTLY , in file number 460-01-035337-199 , a sentence of 90 days’ imprisonment served intermittently is ordered. [ 26 ] In file number 460-01-035338-197 , the accused must serve a sentence of 6 months in the community . [ 27 ] The whole followed by 2 years’ probation under the conditions in the files. __________________________________ Serge Champoux, J.C.Q.

Mtre Véronique Gauthier Crown prosecutor Mtre Thomas P. Walsh Counsel for the accused Date of hearing: June 19, 2020