R. v. Charlebois

R. v. Charlebois

Given elevated gravity (intercourse, victim asleep and intoxicated, significant impact, and commission while subject to a CSO) and countervailing mitigation (youth at time, post‑offence good conduct, low recidivism risk, strong supports), a penitentiary term was appropriate; conditional sentence was unavailable; balancing denunciation/deterrence with restraint for youth produced a proportionate sentence of two years imprisonment; mandatory DNA and weapons prohibition and custodial non‑communication orders were imposed; victim fine surcharge waived for undue hardship; offender proven on balance to qualify for statutory SOIRA exemption under s.490.012(3)(a).

Citation
2026 BCSC 572
Parties
Crown: Rex; Accused: Dalton Charlebois; Victim: V.S.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 March 2026
Procedural Posture
Criminal Sexual Assault / Sentencing Hearing
Outcome
Accused sentenced to two years imprisonment; ancillary orders made; SOIRA registration not ordered (exemption granted); victim fine surcharge not imposed.
Legal Topics
Sexual Assault Involving Intercourse, Conditional Sentence Order Breach, Victim Impact Statements, Gladue Factors, Ancillary Orders (dna, Weapons Prohibition, Non‑communication), SOIRA Registration Exemption
Source Language
English
Criminal Law Sentencing Indigenous Sentencing (gladue) Sexual Assault Sexual Assault Involving Intercourse Conditional Sentence Order Breach Victim Impact Statements Gladue Factors +2 more

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Parties

Rex

Crown

Dalton Charlebois

Accused

V.S.

Victim

Procedural Posture

Criminal Sexual Assault / Sentencing Hearing

Legal Issues

  1. 1 Appropriate and proportionate sentence for sexual assault involving intercourse where victim was asleep and intoxicated
  2. 2 Aggravation from committing offence while subject to a Conditional Sentence Order (CSO)
  3. 3 Whether a conditional sentence under s.742.1 is available given breach of CSO

Ratio Decidendi

Given elevated gravity (intercourse, victim asleep and intoxicated, significant impact, and commission while subject to a CSO) and countervailing mitigation (youth at time, post‑offence good conduct, low recidivism risk, strong supports), a penitentiary term was appropriate; conditional sentence was unavailable; balancing denunciation/deterrence with restraint for youth produced a proportionate sentence of two years imprisonment; mandatory DNA and weapons prohibition and custodial non‑communication orders were imposed; victim fine surcharge waived for undue hardship; offender proven on balance to qualify for statutory SOIRA exemption under s.490.012(3)(a).

Court Disposition

Accused sentenced to two years imprisonment; ancillary orders made; SOIRA registration not ordered (exemption granted); victim fine surcharge not imposed.

Orders

  • Term of imprisonment: two years.
  • DNA order pursuant to s.487.051(1) of the Criminal Code; samples to be taken for registration in the DNA National Data Bank.