.jpg;w=960)
BARRHEAD - A 57-year-old Lac La Nonne man who scared a mother and her teenage son by brandishing a rifle will have his freedom curtailed for three months.
Justice Carrie-Anne Downey gave Roger Allan Majeau a three-month conditional service order (CSO) followed by 12 months of probation, accepting a joint Crown-defence submission after the accused pleaded guilty to unauthorized possession of a firearm and possession of a dangerous weapon in Barrhead Court of Justice on Jan. 28.
The Crown also withdrew an additional charge for pointing a firearm.
As part of his sentence, Majeau is also subject to a 10-year weapon prohibition.
Downey also waived the victim impact fee, saying it would be an unnecessary hardship.
Crown prosecutor Matthew Kerr said on Sept. 4, 2024, a Lac La Nonne area resident called RCMP saying Majeau was banging on her door holding a rifle.
"[The complainant], who was in her home with her 15-year-old son, locked all the doors and windows, calling 911," he said, adding the accused was holding the rifle in a manner that was dangerous to the public peace.
When police arrived, they found Majeau nearby, taking him into custody without incident.
"[Majeau] had a Winchester rifle and three rounds of ammunition that did not match the gun," Kerr said.
The accused did not have a possession and acquisition licence (PAL).
He added at the time of his arrest, police noted that the accused "smelled strongly of alcohol" and claimed four Hells Angels had chased him out of his home.
"None were located," Kerr said, adding that police then took the accused to the detachment for a judicial interim release (JIR) hearing before releasing him.
Defence counsel Gary Smith said while Majeau admits to having the rifle at the time of the incident, the RCMP did not test the weapon to see if it was a "working weapon," adding his client said he took the gun from his mother's house where it was hanging over the mantel as a decoration as a collectible.
"He's waiving the need for police test firing it, admitting it was a firearm, without the Crown having to prove it so that he could resolve the issue today," he said.
Later in the proceeding, the accused volunteered that his family found the weapon in an old outhouse.
Kerr called the proposed sentence "a true joint submission," saying it resulted from much discussion.
"We are suggesting a three-month CSO, with 12 months of probation," he said.
Kerr said the CSO would be in the form of a curfew, with conditions including attending assessment, counselling and treatment for alcohol and drugs as directed by the court, as well as a non-contact order with the complainant.
He added the Crown and defence also agreed to a 10-year weapon prohibition.
Kerr said Majeau has a "serious" criminal record, but there is a significant gap between his last violence conviction in 2009.
"It is a lenient sentence," he said, admitting that part of the reason it did not include jail time is that there was a hole in the Crown's case.
Specifically, the police had not tested the seized rifle to prove it was a firearm.
"The file is nearly five months old, and we somehow haven't got this firearm tested, and that baffles me," Kerr said. "That makes the guilty plea more mitigating as the Crown could not prove the firearm aspect of the case."
That Kerr added, combined with the fact that the early guilty plea meant the complainants did not have to testify and that Majeau's record suggests an underlying addiction issue.
"Where, if he manages, it will not be coming back into our realm," he said.
Smith agreed with the Crown that his client would likely have faced real jail time under different circumstances.
"Those were the types of discussions [the Crown and I] were having," he said.
Smith said his client's intention for brandishing a weapon at one of his nearby neighbours wasn't for personal gain or revenge.
"He was in a delusional state," he said.
Smith added Majeau suffers from celiac disease and had not eaten for several days.
"My client did not go over there to break in or to scare people," he said. "He was sick, and coupled with the alcohol consumption, he thought people were chasing him."
Smith added since the incident, Majeau has quit drinking, regularly attends alcohol addiction support meetings and is willing to accept additional counselling and treatment.
He added his client has proven that when he can remain sober, he is capable of remaining out of the court system, as demonstrated by lengthy gaps in Majeau's criminal record.
"Which shows me he can abide by the conditions [of the CSO and probation]," Smith said.
He also asked the court to consider waiving the victim's fine surcharge, as Majeau's sole source of income was his monthly Assured Income for the Severely Handicapped (AISH) payment.
Smith suggested the court should give Majeau's early guilty plea extra weight.
He added that the Crown admitted there were very "triable issues," specifically the lack of a firearms test.
"I was fully ready to schedule a trial date," Smith said. "[My client] wants to take full responsibility in the face of missing disclosure."
Justice Downey said her challenge was to craft the CSO conditions to ensure that a similar incident would not happen again.
"What I heard through the facts and [the accused's] criminal record had [Mr. Majeau] had been drinking that day, so the incident wouldn't have happened, and the conditions of the CSO and the subsequent probation address that," she said.
Barry Kerton, TownandCountryToday.com
