Voir la source de Abus de confiance publique (jurisprudence des peines)

[[en:Breach of Public Trust (Sentencing Cases)]]
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==Offence Wording==
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{{quotation2|
; Breach of trust by public officer
122 Every official who, in connection with the duties of their office, commits fraud or a breach of trust, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person, is guilty of
:(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
:(b) an offence punishable on summary conviction.

R.S., {{LegHistory80s|1985, c. C-46}}, s. 122;
{{LegHistory10s|2019, c. 25}}, s. 35.
|{{CCCSec2|122}}
|{{NoteUp|122}}
}}

</div>

==Ranges==

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{{SCaseLong|{{CanLIIR-S|Fillier|grtbb|2016 CanLII 30471 (NL PC)}}{{perNLPC|Linehan J}}|{{NL}}|PC| {{JailDO|120|theft over}} {{JailDO|90|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. {{FindSummaries|grtbb}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Rudge|g2lwx|2014 ONSC 241 (CanLII)}}{{perONSC|Hambly J}}| {{ON}} |SC| {{JailY|4}} | Police officer leaks confidential police documents to local chapter of the hells angels {{FindSummaries|g2lwx}} {{keywords|}} }}

{{SCaseLong| {{CanLIIR-S|Taylor|fs8n9|2012 SKQB 292 (CanLII)}}{{perSKQB|Scheibel J}}|{{SK}}|SC | {{JailM|12}} (trust) | guard smuggling drugs into jail {{FindSummaries|fs8n9}} {{keywords|}} }}

{{SCaseLong| {{CanLIIRP-S|Cook|2czk3|2010 ONSC 5016 (CanLII)|[2010] OJ No 4414}}{{perONSC|Hill J}}, see also 2010 ONSC 4534 | {{ON}} |SC| {{JailY|4}} (trust) | police officer took drug evidence for resale {{FindSummaries|2czk3}} {{keywords|}} }}

{{SCaseLong| {{CanLIIR-SN|Anderson| 2009 CarswellNfld 240 (NLTD)}}|{{NL}}|SC | 15 months (forgery)<br> 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.   {{keywords|}} }}

{{SCaseLong|{{CanLIIRP-S|Blanas|1mh80|2006 CanLII 2610 (ON CA)|, OJ No 364 (CA)}}{{TheCourtONCA}}| {{ON}} |CA | {{JailY|4.5}} (global) | The offender pleaded guilty to stealing 246 passport forms from the passport office where she was employed. {{FindSummaries|1mh80}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Steinson|1lsw2|2005 BCPC 428 (CanLII)}} {{perBCPC|Blake J}} | {{BC}}|PC| | {{FindSummaries|1lsw2}} {{keywords|CrimeStoppers tip|false accusation|murder}} }} 

{{SCaseLong|{{CanLIIR-S|Gyles|1qh22|2003 CanLII 53665 (ON SC)}}{{perONSC|Wein J}}| {{ON}} |SC | {{JailY|2.5}} | "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." [https://www.canlii.org/en/qc/qccq/doc/2015/2015qccq8910/2015qccq8910.html] {{FindSummaries|1qh22}} {{keywords|}} }}

{{SCaseLong| {{CanLIIR-S|Ryan|2bmfj|2004 NSSC 173 (CanLII)}}{{perNSSC|Goodfellow J}} aff'd {{CanLII|1hzbn|2004 NSCA 115 (CanLII)}}{{perNSCA| Saunders JA}} | {{NS}} |CA | trust (4 years) | police officer dealing in marijuana {{FindSummaries|2bmfj}} {{keywords|}} }}

{{SCaseLong|{{CanLIIRP-S|Hewitt|1gvlp|2004 NLSCTD 65 (CanLII)|2004 CarswellNfld 92 (NLTD)}}{{perNLSC| Handrigan J}}|{{NL}}|SC| {{CSOM|9}} (global) | The offender pleaded guilty to theft, forgery and breach of public trust. She was a town clerk and stole around $30,000. {{FindSummaries|1gvlp}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-SN|Lawson|2001 CarswellOnt 1428, [2001] OJ No 1562}}| {{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. {{keywords|}} }}

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==Non-Violent Offences Committed by Peace Officers==
{{seealso|Assaults Relating to Persons in Authority (Sentencing Cases)}}

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{{SCaseLong|{{CanLIIR-S|McNish|jcvxn|2021 ABCA 28 (CanLII)}} |{{AB}}|CA| {{JailM|6}} | "The offender, a police officer on medical leave, along with other current and former officers, were hired by a businessman to harass his ex-partner and to monitor her activities in aid of a custody dispute.  He conducted surveillance and searched police databases for information on the victim and others, in part to facilitate his surveillance and in part to provide the resulting information to others.  His involvement spanned 2.5 years.  He was suspended as a result of these offences.  The offender was 61 years old with no prior record.  The Crown sought a sentence of 18 months incarceration. The defence sought a conditional sentence of the same length." {{FindSummaries|jcvxn}} {{keywords|}} }}


{{SCaseLong|{{CanLIIR-S|Burnett|j19ll|2019 NSSC 212 (CanLII)}}{{perNSSC|Chipman J}} | {{NS}} |SC| {{JailY|10}} (global) | {{FindSummaries|j19ll}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-SN|Ruthowsky|, [2018] O.J. No. 3247 (S.C.J.)}} |{{ON}}|SC| | "The offender, a senior detective constable, was found guilty after trial of accepting bribes, obstruction of justice, breach of trust, and trafficking cocaine.   The Crown requested 10 years.  The defence requested 3-4 years.  The accused was a 44-year-old offender, married with two children.   He received a global sentence of 13 years less 6 months pre-trial custody broken down as follows: 10 years for bribery, 4 years for breach of trust concurrent, 8 years for obstruction of justice concurrent, and a consecutive sentence of 3 years for trafficking." {{keywords|}} }}

{{SCaseLong|{{CanLIIR-SN|Maranan|, [2018] O.J. No. 4228 (C.J.)}} |{{ON}}|SC |1 year | "This was a breach of trust by a civilian member of the Toronto Police Service.  She conducted numerous database inquiries that provided her with confidential information.  She conducted these inquiries at the request of other persons and the information was then disclosed.  There was no evidence that disclosure of the information had compromised any particular investigation or prosecution or resulted in any harm to any particular person, however the known risk existed.  The offender’s actions were not impulsive or a momentary lapse of judgment.  The conduct was repeated frequently over an extended period of time.  She received financial benefit. The Crown asked for two years incarceration.  The defence argued for a conditional sentence in the same range."  {{keywords|}} }}


{{SCaseLong|{{CanLIIR-S|Spindor|gw1h7|2016 BCPC 396 (CanLII)}}{{perBCPC|Harris J}}|{{BC}}|PC | discharge | The offender was a peace officer who stole a small amount of money from his employer. {{FindSummaries|gw1h7}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Rudge|g2lwx|2014 ONSC 24 (CanLII)}}{{perONSC|Hambly J}} | {{ON}} |SC|  | "following a trial, Justice Hambly was sentencing a police constable for breach of trust.  He had turned over intelligence memoranda regarding motorcycle gang membership and activities to members of the Hells Angels.  The offender was 51 years old with a prior conviction for a domestic assault.  He was suspended with pay following his arrest and started another business.  Evidence was presented that the leaking of these confidential documents had caused irreparable damage to the ability of the police service to investigate crime generally and, in particular, the Hells Angels.  There was a noticeable drop-off in information coming to the police service from confidential informers." {{FindSummaries|g2lwx}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Hodson|fn6fl|2011 BCPC 243 (CanLII)}}{{perBCPC|Rideout J}} |{{BC}}|PC| | "The offender was a police officer with the Vancouver Police Department. During his employment, he trafficked 48 ounces of marijuana to a former informant who he knew would be able to sell for him. He also accessed the police database system (PRIME) to obtain information to aid him in avoiding arrest. He entered a guilty plea for the drug offence and for two counts of breach of trust.   The Crown sought a total sentence of four years.  The defence sought a conditional sentence.  The offender was 33 years of age, with a caring and supportive family, married with four young children.  The sentence imposed was a total of three years, less three weeks for pre-trial custody, broken down as follows: 2 years for trafficking, with another 2 years for the first breach of trust applied concurrently, and 1 year consecutive for the second breach of trust in relation to accessing the database." {{FindSummaries|fn6fl}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Cook|2czk3|2010 ONSC 5016 (CanLII)}}{{perONSC|Hill J}} |{{ON}}|SC| 5 years, 8 months | "following a trial, Justice Hill was sentencing a 43-year old police constable for attempting to possess a Schedule I substance for the purpose of trafficking, possession of marijuana, theft of several MP3 players, and breach of trust.  This officer had stolen from a crime scene fifteen packages of what he believed to be cocaine and concealed them in his garage.  Unbeknownst to the officer, the packages contained flour and a tracking device.  During the execution of a warrant at his residence, the stolen packages were found along with numerous MP3 players and nearly half a kilogram of marijuana.  Mr. Cook had received and presented a number of letters of appreciation / recognition and commendations. He had no police discipline history or prior criminal record. " {{FindSummaries|2czk3}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Ryan|2bmfj|2004 NSSC 173}}{{perNSSC|Goodfellow J}} |{{NS}}|SC|  | "The accused pleaded guilty to trafficking marijuana through a source and breach of trust.  He was a 33-year-old RCMP officer, with 8 years of experience, outstanding performance reviews, a first-time offender, in a stable relationship with young children, and community support.  He expressed remorse.  The defence requested a conditional or suspended sentence with probation.  The sentence imposed was a total of 4 years concurrent on each count." {{FindSummaries|2bmfj}} {{keywords|}}}}

{{SCaseLong| {{CanLIIRP-S|Cusack|hv0nm|1978 CanLII 2283 (NS CA)|, [1978] NSJ No 538, 41 CCC (2d) 289 (CA)}}{{perNSCA|Hart JA}}| {{NS}} |CA| | "[A] Halifax Regional Police officer who stole $425 dollars from a motorist he stopped" {{FindSummaries|hv0nm}} {{keywords|}} }}

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==See Also==
* [[Breach of Trust (Sentencing Cases)]]