COURT OF APPEAL FOR ONTARIO
CITATION: R. v. Paquette, 2025 ONCA 430
DATE: 20250612
DOCKET: COA-25-CR-0090
Tulloch C.J.O., MacPherson and Sossin JJ.A.
BETWEEN
His Majesty the King
Respondent
and
Paul Paquette
Appellant
Michael J.N. Haraschuk, for the appellant
Adrianna Mills, for the respondent
Heard and released orally: June 5, 2025
On appeal from the sentence imposed on December 5, 2024 by Justice Graham Jenner of the Ontario Court of Justice (Indigenous Peoples’ Court).
REASONS FOR DECISION
[1] This appeal concerns a sentence imposed on the appellant, who had pled guilty to uttering threats and assault with a weapon, which exceeded the joint sentencing recommendation of the appellant and the Crown. The respondent concedes that this sentence appeal should be allowed. The sentencing judge acknowledged that the joint submission, while low, was within or at least close to the appropriate sentence range but, notwithstanding this, he jumped the joint submission. The governing case law – and, in particular, R. v. Anthony-Cook, 2016 SCC 43, makes clear that a joint submission within or close to the appropriate range cannot bring the administration of justice into disrepute, and should generally be followed.
[2] On this basis, we allow the appeal. The sentence imposed by the sentencing judge is set aside and substituted by the sentence recommended in the joint submission, which was 12 months (consisting of 6 months of house arrest and 6 months of curfew), followed by a period of 18 months’ probation.
“M. Tulloch C.J.O.”
“J.C. MacPherson J.A.”
“L. Sossin J.A.”