M.M. was the treasurer for a local non-profit club and had full autonomy over the club’s finances. After several vendors complained that they were not being paid, the president of the club asked M.M. why the bills were not being paid. At that point, M.M. confessed that she had taken over $40,000 from the club and resigned. Police conducted a brief investigation but failed to try to make any meaningful steps to arrest M.M. for eight years.
Between the time of the offence and arrest, M.M. had taken incredible rehabilitative steps to overcome her serious gambling addiction that was the reason the funds were stolen. Despite having a strong argument for a stay of charges based on the police failing to execute the warrant for eight years, M.M. took full responsibility for her offence and pled guilty. The Alberta Court of Appeal has made it very clear that but for exceptional circumstances, those who commit these sorts of offences in relation to their position of trust should be sentenced to jail. The Crown Prosecutor was seeking a period of one year jail and restitution. Cory successfully argued that the appropriate sentence was one served in the community. M.M. was sentence to a Conditional Sentence Order, otherwise known as house arrest, with exceptions for such things as work, community service, grocery shopping and to attend church.
This was the best outcome for M.M. after having pled guilty as she avoided a lengthy jail sentence that would have no doubt destroyed her life.