Breach of Public Trust (Sentencing Cases)

This page was last substantively updated or reviewed January 2020. (Rev. # 80625)

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Ranges

Case Name	Prv.	Crt.	Sentence	Summary
R v Fillier, 2016 CanLII 30471 (NL PC), per Linehan J	NL	PC	120 day (theft over) 90 days (trust)	The offender was convicted of theft over $5,000 and breach of public trust. She was an administrator of the provincial court of Happy Valley-Goose Bay. She stole $37,240.97 of money that was paid as fines. The judge also ordered restitution and 1 year probation.
R v Rudge, 2014 ONSC 241 (CanLII), per Hambly J	ON	SC	4 years imprisonment	Police officer leaks confidential police documents to local chapter of the hells angels
R v Taylor, 2012 SKQB 292 (CanLII), per Scheibel J	SK	SC	12 months (trust)	guard smuggling drugs into jail
R v Cook, 2010 ONSC 5016 (CanLII), [2010] OJ No 4414, per Hill J, see also 2010 ONSC 4534	ON	SC	4 years (trust)	police officer took drug evidence for resale
R v Anderson, 2009 CarswellNfld 240 (NLTD)(*no CanLII links)	NL	SC	15 months (forgery) 9 months (trust)	The offender plead guilty to forgery and breach of public trust. He has a Member of the House of Assembly and stole approximately $60,000.
R v Blanas, 2006 CanLII 2610 (ON CA), , OJ No 364 (CA), per curiam	ON	CA	4.5 years (global)	The offender pleaded guilty to stealing 246 passport forms from the passport office where she was employed.
R v Gyles, 2003 CanLII 53665 (ON SC), per Wein J	ON	SC		"The Court sentenced the accused to two and a half years in a penitentiary on charges of breach of trust and corruption by government officials. Although he had no criminal record in similar matters and was suffering from health problems, he expressed no remorse, did not recognize his responsibility and, because of the lack of explanation for his actions, simple greed was presumed to be the recurring theme." [1]
R v Ryan, 2004 NSSC 173 (CanLII), per Goodfellow J aff'd 2004 NSCA 115 (CanLII), per Saunders JA	NS	CA	trust (4 years)	police officer dealing in marijuana
R v Hewitt, 2004 NLSCTD 65 (CanLII), 2004 CarswellNfld 92 (NLTD), per Handrigan J	NL	SC	9 months CSO (global)	The offender pleaded guilty to theft, forgery and breach of public trust. She was a town clerk and stole around $30,000.
R v Lawson, 2001 CarswellOnt 1428, [2001] OJ No 1562(*no CanLII links)	ON		16 month CSO (global)	Offender was a police officer who assisted in transporting prisoners. Used position to touch 19 year old female prisoner who gave him oral sex in exchange for cigarettes, differential treatment, and assistance in escaping.

Non-Violent Offences Committed by Peace Officers

Case Name	Prv.	Crt.	Sentence	Summary
R v Burnett, 2019 NSSC 212 (CanLII), per Chipman J	NS	SC	10 years imprisonment (global)
R v Spindor, 2016 BCPC 396 (CanLII), per Harris J	BC	PC	discharge	The offender was a peace officer who stole a small amount of money from his employer.
R v Cusack, 1978 CanLII 2283 (NS CA), , [1978] NSJ No 538, 41 CCC (2d) 289 (CA), per Hart JA	NS	CA		"[A] Halifax Regional Police officer who stole $425 dollars from a motorist he stopped"

See Also

• Breach of Trust (Sentencing Cases)