Manitoba judge discounts sentence for Métis man linked to street gang beating
A Manitoba judge discounted the sentenced for a Métis mechanic who drove a man to a beating by fellow street gang members that left the victim with a fractured skull, a brain bleed and cranial swelling that required he be airlifted to Winnipeg for an extensive hospital stay.
Mackenzie Arthur Mollard’s Métis status, as well as the fact that he took Aaron Pronteau to hospital after the April 25, 2024 beating in Thompson, played into the sentencing decision in Manitoba provincial court.
“While I am satisfied that the offender’s Gladue factors, his decision to convey his victim to the hospital and his positive post-offence conduct do reduce his moral culpability; I must not lose sight of the fact that the offender’s conduct intentionally facilitated a planned, premeditated gang attack that resulted in his victim’s suffering life threatening injuries,” Associate Chief Judge Geoffrey H. Bayly wrote in a recent decision.
“In my view, ordinarily, a sentence in the range of five to seven years might have been appropriate. However, considering the sentence imposed on the co-accused and coupled with this offender’s reduced moral culpability, I am satisfied that a sentence of 30 months’ imprisonment can achieve principles of denunciation and deterrence. This sentence while acknowledging the severity of the harm caused by gang violence, will still provide Mr. Mollard with the opportunity to continue his vocational training and mental health progress within the correctional system.”
Gladue principles were set out in a Supreme Court of Canada decision over a quarter century back and indicate sentencing judges must consider the unique circumstances of Indigenous offenders, as well as systemic issues like the impact of residential schools, to address the overrepresentation of Indigenous people in Canada’s prisons.
Mollard, 23, pleaded guilty to the aggravated assault, which members of his gang referred to as a “d-boarding.”
“On the night in question, Mr. Mollard was involved at the periphery of a street-gang operating out of Thompson, Manitoba. At the time, he was 21 years of age and was experiencing a profound personal collapse characterized by homelessness and a severe addiction to crack cocaine,” Bayly said in the March 27 decision.
The court heard Kenneth Paynter — whom a judge sentenced to four years behind bars for his role in the beating — instructed Mollard to pick up Lawrence Moose, and Pronteau.
“The offender agreed to drive these two to Paynter’s address in Thompson, Manitoba,” said the decision.
Mollard “knew, as he had been told, that the group’s intent was to commit a significant assault on the victim.”
Mollard stayed for the assault and police found a photo of a severely beaten Pronteau on his mobile phone.
Mollard “left the residence at some point prior to the end of the assault but then returned when summoned by Paynter and was given the direction to ‘get rid’ of the victim,” said the judge.
While Mollard was trying to remove Pronteau, Moose “angry and armed with a knife,” advanced on Mollard, saying he wanted to kill Pronteau.
“After leaving the scene with the victim, the offender later contacted Paynter looking for drugs and affirmation, asking him, ‘how’d I do bro on my first d-board?’”
Mollard didn’t “personally inflict any physical injury” on Pronteau, said the judge.
“When he was ordered by his co-accused to ‘get rid’ of the victim, a directive synonymous with lethal intent, Mr. Mollard chose to defy those orders at great personal risk. He chose to transport the victim to the hospital to obtain medical assistance for him. This decision likely saved the victim’s life and for purposes of this sentencing, it is conduct that represents a critical moral departure from the criminal enterprise surrounding him.”
Pronteau’s assault took place during a period in Mollard’s life “that was marked by severe drug addiction and a significant decline in his mental health,” according to the author of his Gladue report.
“As his mental health deteriorated, he began to self‑medicate with alcohol and later cocaine. He told the report writer that he experienced ‘instant relief’ from crack cocaine, but his escalating use quickly led to homelessness, unemployment, and a profound sense of isolation. He acknowledged that at the time of the offence he was at the lowest point in his life.”
Since his arrest, Mollard’s “circumstances have changed markedly. He has achieved over a year of sobriety, reconnected with his family, secured stable employment, and become actively involved in his community. He holds a Level I Red Seal in Heavy Duty Mechanics and is employed full‑time with a municipal government, where he is described as a ‘stellar employee.’ He also volunteers as a firefighter.”
Mollard “was assessed as a low risk to reoffend,” said the decision.
“The Gladue report and the five letters of reference filed by the defence consistently portray him as accountable, resilient, and receptive to rehabilitation. They note that the offence occurred during a period when he had become estranged from his otherwise supportive family due to addiction and a toxic relationship. Since re‑establishing these family connections, he has taken on primary responsibility for his grandfather’s care, providing medical assistance, transportation, and companionship following the recent passing of his grandmother. Supervisors, family members, and community references describe him as responsible, kind‑hearted, and dedicated to a pro‑social life.”
Mollard apologized “and expressed his remorse” for his actions, said the decision. “He accepted responsibility for his actions, stating that while he cannot change the past, he is committed to building a healthier future.”
The Crown sought a 30‑month prison sentence. Mollard’s lawyer argued for house arrest.
“The assault occurred within the context of a ‘d-boarding’ a premeditated act of gang-sanctioned violence intended to inflict serious bodily harm. Mr. Mollard’s involvement was driven by his active participation in the illicit drug trade to sustain his addiction to crack cocaine. Furthermore, the offence took place in Thompson, Manitoba, a community where such violence and the accessibility of cocaine pose a persistent threat to public safety,” said the judge.
“His initial attempt to deceive investigators by fabricating a story about finding the victim on a sidewalk also weighs against him, as it reflects a choice to prioritize gang-enforced silence over the administration of justice.”
Bayly also pointed to “several mitigating factors, perhaps the most compelling is Mr. Mollard’s decision to defy a direct order to ‘get rid’ of the victim, choosing instead to transport the victim to a hospital to receive medical attention. This act of moral courage, performed after he himself had been intimidated by a gang member, distinguishes his culpability from that of his co-accused.”
The judge stressed “Mollard’s high rehabilitative potential” and recommended “that his correctional plan include therapeutic counselling to address intergenerational and personal trauma. Given his work history, supporting his continued vocational training would ensure his successful reintegration into the community.”
Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark nationalpost.com and sign up for our daily newsletter, Posted, here.