Man responsible for multiple assaults, voyeurism receives 5-year sentence

At his trial last March, Janvier, who was homeless and struggling with substance abuse issues, represented himself. This was due to the fact he had fired his four previous lawyers and so in order for the trial to proceed he was granted an amicus curia (Latin for “friend of the court) who could provide legal advice. Concerns for Janvier’s mental health and ability to understand what was occurring, were raised on multiple occasions.

Guilty verdicts by the now retired Justice Richard Elson were rendered last May.

After his release from custody, Janvier will then be subject to three years of probation.

“It’s clear Mr. Janvier has significant mental health issues and there’s only so much the courts can do,” Saskatchewan Chief Justice Martel Popescul

Background

The actual events occurred Feb.18, 2023.

Janvier’s first stop was at the South Hill Medical Center where he followed a staff member into a dark, closed area and asked to use the phone.

Panicked, the woman told Janvier to leave and a short physical altercation occurred whereby Janvier placed his hand on the woman’s mouth and pushed her into a corner.

The woman defended herself by punching and kicking at Janvier. While muttering “OK, OK,” Janvier left on his own and walked south to the South Hill Mall where he entered Goodlife Fitness, and walked past the security gate.

While there, he made a sexual remark to a woman running on a treadmill.

That same woman, who has a background in corrections, and recognized Janvier from his previous time in jail, took it upon herself to haul him out. While being hauled away, Janvier made two unsuccessful attempts to tackle the woman.

The next incident occurred at the Winner’s store where Janvier entered the woman’s washroom and was observed peering over a stall and looking down at an elderly woman who was in the neighbouring stall.

After being escorted from the store, Janvier then walked to a nearby McDonald’s and was arrested soon after. While struggling with the officer, Janvier made repeated attempts to reach into his pocket. It was later discovered he had a large knife.

Janvier had been released from jail just two weeks prior and Crown Prosecutor Jeff Summach stated there was no provocation for the events.

Victim impact statements

In a statement read by Crown Prosecutor Jeff Summach, the woman who was attacked at the medical center wrote she feared for her life, and explained after the incident she missed work for five months, and to this day suffers from anxiety and fear.

“Before this assault, I never had any sleep issues,” she stated, adding she finds to difficult to leave the house, attend her children’s sports activities and is constantly looking for the next exit.

“He is a sick man, does not deserve to be in public,” she wrote.

The woman who was on the treadmill at the gym, and who recognized Janvier, provided an oral statement. She said she was worried Janvier was going to go into the women’s washroom and acted as a public servant.

Submissions from lawyers

Summach noted that in order for Janvier to receive treatment at a federal institution, the Crown would have had to seek a “disappropriate” sentence for the actual crimes that were committed.

He acknowledged that while the 15 month sentences for the assault charges, may be on the low end of the scale, 15 months for voyeurism was considered on the higher side.

Summach also stated that the author of a pre-sentence report wrote Janvier, who had been released from jail just weeks prior to the incidents, was in the 100th percentile to re-offend.

While Janvier has 24 previous convictions for violence, and three sexual offences, his longest sentence to date was two years for a robbery in 2020 that involved him walking up to a vehicle at a red light. While flashing a knife, he told the drive to get the (expletive) out of the car.

“He’s been given break after break after break,” Summach said.

Summach also stated the Prince Albert Correctional Centre has made attempts to transfer the remanded Janvier to Sask Hospital but was told, due to his violent history, they did not possess the resources to house him. The pre-sentence report also stated Janvier has to date never been treated for his mental health.

In response, appointed defence lawyer Mike Nolan asked a shorter jail sentence but agreed programming was needed.

“I’ve never seen a risk management that high in my 26 years,” he said.

Nolan stated his belief that while unmedicated, Janvier was simply incapable of looking after his own self-interests. When provided the opportunity to speak in court, Janvier who rambled at the trial about conspiracy theories, declined.

Remarks from Chief Justice Popescul

Whle noting he was tempted to override the Crown’s request and send Janvier to prison, Popescul stated he also respected the jurisprudence and hard work the Crown had conducted to arrive at a sentence that included both custodial time as well as opportunities for rehabilitation.

Popescul also endorsed a request by both lawyers for Janvier to serve a portion of or all his sentence at a mental health institution.

“It’s clear Mr. Janvier has significant mental health issues and there’s only so much the courts can do,” he explained.

Popescul then spoke directly to Janvier, warning him that he if continues down the same path, he is looking at longer custodial sentences and being declared a dangerous offender which would mean remaining in custody for an indeterminate amount of time.

“Or you’re gonna get killed,” he said.

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nigel.maxwell@pattisonmedia.com

On X: @nigelmaxwell

by Nigel Maxwell

Man responsible for multiple assaults, voyeurism receives 5-year sentence

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