Sex offender’s disabilities impact sentence Judge sends deaf, intellectually challenged man who had relationship with 14 year old to jail for just 90 days, citing lack of in-custody services; Crown appeals ‘demonstrably unfit’ decision By: Dean Pritchard Posted: 7:00 PM CDT Friday, Apr. 8, 2022

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A deaf Winnipeg man with intellectual disabilities convicted of having a sexual relationship with a 14-year-old girl has been sentenced to just 90 days in custody after a judge ruled counselling services in jail are inadequate to deal with his disability.

The man’s crime demanded jail time, but anything longer than 90 days would not address “the unique circumstances of this case,” provincial court Judge Tim Killeen said at a recent sentencing hearing for 25-year-old Cody James Remillard.

“I don’t suggest that someone should not be incarcerated because they are deaf, but the length of the incarceration must include the circumstances of the individual,” Killeen said.

After recommending a jail sentence of 18 months, the Crown has filed an appeal, arguing Killeen’s sentence is “demonstrably unfit” and did not adequately take into account Remillard’s moral blameworthiness.

“I don’t suggest that someone should not be incarcerated because they are deaf, but the length of the incarceration must include the circumstances of the individual”– Judge Tim Killeen

Remillard pleaded guilty in December 2019 to one court of sexual interference. The case was delayed several times due to pandemic-related court closures and the availability of American Sign Language interpreters.

Remillard had a months-long sexual relationship with the victim beginning when she was 14 and he was 20, and ending with his arrest in early 2018.

The girl did not provide a victim impact statement to court.

“While I don’t have evidence of harm, I know this girl was exploited,” Killeen said.

According to forensic psychiatric reports provided to court, Remillard lives with several intellectual disabilities, attention-deficit issues and difficulty regulating his emotions and moods.

According to one report, Remillard’s intellectual disability “is complicated by difficult early life, characterized by trauma, exposure to substance use and social isolation as a result of his hearing impairment.”

Killeen said Remillard was capable of understanding what he did was wrong, but his level of responsibility was limited by his intellectual issues.

“While his limitations did not cause the criminal behaviour, they made him less likely to be involved responsibly in the relationship,” he said. “The circumstance does not excuse or justify what he did, but he cannot be sentenced in the same way as someone who coolly decided they could exploit a child.”

At a sentencing hearing last year, court heard testimony from a corrections staff member about the lack of programming and services for deaf inmates at Headingley Correctional Centre. No staff members are trained in communicating with deaf inmates.

“Jail is a tough place,” Killeen said. “It will be vastly tougher for an inmate incapable of knowing if someone is coming up behind them, shouting at him, making fun of him or any of the other things that may terrify a cognitively challenged man.”

“The effect of a short sentence for him will meet all the requirements of sentencing.”– Judge Tim Killeen

One of the main reasons to sentence sex offenders to jail is to provide them with counselling, Killeen said, but without any counsellors trained in sign language, counselling for Remillard would essentially be limited to “pen and paper.”

“Group counselling would be pointless and individual counselling would be challenging, “ he said.

Killeen said he was satisfied Remillard has been deterred from reoffending and has strong prospects for rehabilitation.

“He is about to be isolated while incarcerated,” he said. “He will be confined with others who he cannot hear, supervised by staff with whom he will likely only communicate in writing. The effect of a short sentence for him will meet all the requirements of sentencing.”

dean.pritchard@freepress.mb.ca

Dean Pritchard
Courts reporter

Someone once said a journalist is just a reporter in a good suit. Dean Pritchard doesn’t own a good suit. But he knows a good lawsuit.

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