Court of Appeal of Quebec

Michaud c. Reine (sentence)

October 30, 2018


St-Pierre, Schrager, Healy

Appeal from a judgment sentencing an engineering firm executive to a prison term totalling 18 months, plus 3 months’ probation, on various counts of fraud and corruption related to the awarding of municipal contracts. Dismissed.

While she was Vice President of Business Development at Roche, the appellant, along with the elected officials and municipal employees of the city of Boisbriand, and certain engineering firm representatives, contributed to and participated in the implementation of a scheme of collusion and corruption aimed at circumventing the process for awarding municipal contracts, such that the contracts were distributed amongst various engineering firms, including hers. She received concurrent sentences of 18 months’ imprisonment for fraud and being an accessory to fraud, as well as concurrent sentences of 6 months’ imprisonment under various counts related to corruption, fraud, and breach of trust. She asked to serve her sentence in the community.

The trial judge correctly inferred that the scope and object of the fraud in which the appellant participated amounted to tens of thousands and perhaps even hundreds of thousands of dollars, and imposed a sentence that reflected that reality. Furthermore, the appellant’s situation is distinguishable from that of the other accused in this case, in particular because they pleaded guilty, expressed sincere remorse, and took responsibility for the harm caused; one of them cooperated with the authorities and the other with the Charbonneau Commission, and they presented joint submissions. This explains the disparity of sentencing in this case. Finally, the judge did not err in refusing to allow the appellant’s counsel to revisit excerpts from the evidence adduced at trial, since his goal was clearly to minimize the appellant’s responsibility for the purpose of sentencing.

*Summary by SOQUIJ
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