Threats against MPP MacLeod ‘cannot be tolerated,’ says judge
Woman receives three years probation for harassing emails and phone calls
Physical threats toward elected officials “cannot be tolerated,” a judge ruled Friday in sentencing Rebecca Reid to three years probation for repeatedly harassing and threatening MPP Lisa MacLeod following autism funding cuts in February.
Reid, a single mother of a severely autistic five-year-old boy, sent MacLeod more than 100 emails — continuing after police had warned her to stop — and left threatening voice mails in February causing MacLeod to “reasonably fear for her personal safety.”
Ontario Court Justice Norman Boxall said Reid posed “no risk of actual physical harm” to MacLeod.
The judge called it an aggravating factor that the threats targeted an elected official.
“In a free and democratic society, it is an aggravating circumstance that the harassment or threats are targeted at an elected official. Canada operates under the rule of law and physical threats toward elected officials cannot be tolerated,” Boxall said.
“It is now known there may be little or no risk of the threats being carried out, ( but) it must be remembered the offence is a threat, and the harm caused is the fear and psychological or emotional impact.”
MacLeod, at the time social services minister and now tourism minister, did not file a formal victim impact statement, and when reached for comment on the sentencing Friday a spokesman said the minister would add “nothing further at this time.”
Boxall said the threats and harassment “caused significant effects on Ms. MacLeod’s personal and professional life and well-being. It is completely understandable that this type of offence would have a significant impact on the victim.”
Boxall said the nature of the threats and that they continued over a three-week period despite police intervention would normally call for a jail sentence.
Reid’s personal circumstances, however, “would result in a very empathetic response from any reasonable person,” the judge said.
Assistant Crown attorney Meaghan Cunningham did not seek a custodial sentence.
Reid’s defence lawyer Oliver Abergel had sought a conditional discharge, which would have spared his client a criminal record.
“I do find that it would be in Ms. Reid’s best interest to receive a discharge, however, sadly it would be contrary to the public interest,” Boxall ruled. “I acknowledge that Ms. Reid’s situation is extremely difficult and to the point it is difficult for a person not in her situation to fully comprehend it.”
Boxall listed several mitigating factors, including Reid’s guilty plea to criminal harassment and her expression of remorse and responsibility. Reid had no criminal record and her psychiatrist reported she suffers from PTSD and depression.
According to a report filed in court by her doctor, “The stress caused to Ms. Reid by the proposed funding cuts to autism would have greater impact on her than on someone not facing her challenges.”
Boxall said he accepted that professional opinion and that Reid was “a very low risk to reoffend.”
Reid expressed her disappointment following the judge’s ruling, and said she believed MacLeod received “special treatment.”
“The Crown provided no admissible or credible evidence that she had suffered personally and professionally from my actions … the only evidence (the Crown) provided of trauma to MacLeod was hearsay from a police officer,” Reid said. “I’m also disappointed because MacLeod received special treatment due to being an elected official.”
Reid said she believed the judge showed “special consideration” to MacLeod by including several references to her position in his ruling.
“I am furious over the suspended sentence and I plan to appeal if I can afford it,” Reid said.
Boxall said the court’s primary objective of “denunciation and deterrence” carried “enhanced importance” in his sentence, and said, “It is important that the court denounce criminal threats to elected officials.”
Boxall said Reid’s guilty plea showed an expression of remorse and that she has taken responsibility for her actions.
The judge said she is also responsible, for the near-constant care of a severely autistic child, and she has made “ongoing efforts to improve her situation and health and continues to obtain mental health assistance.”
She faced “significant challenges,” Boxall said, which “related to the offences.”
According to the terms of the suspended sentence, she is to keep the peace and report to a probation officer for the maximum three-year term as sought by the Crown, along with counselling and rehabilitation as directed by the probation officer. She was also banned from owning weapons for the duration of the sentence and the judge ordered a five-year firearms ban.
Reid is not to have contact “by any means,” the judge ordered, with MacLeod or her family, or be within 100 metres of MacLeod’s home, office, or any place she might reasonably be.