The prosecution will not appeal the house jail sentence imposed on Jonathan Gravel, guilty of having penetrated a woman without her consent. This lenient sentence, which had echoes in the National Assembly, had highlighted the unknown consequences of a new law from the Trudeau government.
“Although the sentence imposed by the court on Jonathan Gravel is not the one that the prosecutor considered appropriate in the context of his representations, after a rigorous analysis of the decision rendered in light of the applicable principles of law, the DPCP announces that he cannot appeal it,” explained to The Press Me Audrey Roy-Cloutier, Acting Deputy Chief Prosecutor to the Director of Criminal and Penal Prosecutions (DPCP).
After dragging out the legal process for years, Jonathan Gravel took advantage of the new C-5 law, passed last November, to avoid a prison sentence. Until this law was passed, a person convicted of sexual assault could not serve their sentence in the community. The purpose of this legislation was to address “the overrepresentation of Indigenous, Black or marginalized Canadians in the criminal justice system.”
In late January, Judge David Simon sentenced Jonathan Gravel to 20 months in prison to be served at home due to his rehabilitation and low risk of recidivism. A decision that had aroused the ire of the Crown prosecutor. In a sensational outing, Me Alexis Dinelle had blamed the Trudeau government for the adoption of this new law.
“Right now, Justin Trudeau and [le ministre de la Justice du Canada] David Lametti are probably accountable to the victims of sexual assault “, had railed Me Dinelle.
This decision caused a stir in the National Assembly. Quebec Justice Minister Simon Jolin-Barrette called Bill C-5 “a setback in the fight against sexual violence.” The National Assembly unanimously passed a motion calling on Ottawa to change the law to end community jail sentences for sexual assault.
“Despite this decision not to appeal the case, the DPCP wishes to reiterate that it will continue to oppose imprisonment in the community and call for firm incarceration when the circumstances justify it, particularly in causes of sexual violence”, specifies the spokesperson of the DPCP, underlining the “courage” of the victim.
Jonathan Gravel penetrated a woman in the anus without warning in 2014. The 42-year-old Montrealer continued despite the victim’s cries of refusal and her attempts to break free from the grip by scratching her with her nails. Jonathan Gravel said he “felt” that she consented to it and thought anyway of “being there” in their sexual relationship.
“The gestures are serious. The offender wanted to satisfy a sexual urge by not caring at all about the victim or his unequivocal refusal, ”concluded Judge David Simon.