A former bailiff who led prosecutors by falsely serving documents was sentenced on Wednesday to 20 months in house arrest. Marc Boulianne invokes the “anxiogenic” climate at work and his “desire for performance” as excuses to explain his actions.
The 31-year-old man pleaded guilty last summer to having “made a false document, i.e. a service report, knowing it to be false”, when he was a bailiff in 2018. This little-known profession is a cog important to the justice system. In particular, bailiffs serve summonses to witnesses and execute the decisions of judges. They are governed by a professional order.
Marc Boulianne did not hesitate to cut corners when he worked as a bailiff. Thus, he produced six false reports of service to the Municipal Court of Montreal. Following suspicions from the Deputy Chief Prosecutor, prosecutors discovered that civilian witnesses had never received any documents from the bailiff.
The consequences can be serious if a subpoena fails to appear in court; she faces contempt of court. “Fortunately, in none of these cases, there were any unfortunate consequences for the civilian witnesses,” said the Crown prosecutor, Ms.e Sylvie Dulude, last summer.
A report filed in court on Wednesday lifts the veil on Marc Boulianne’s motivations at the time. We learn that he “struggled to carry out his duties” as a bailiff and that he sought the “recognition” of his bosses and colleagues. The report highlights his “desire for performance” and his “fear of displeasing”.
“It is therefore in order not to lose his status within the firm and with a view to alleviating the stress felt related to the work that Mr. has engaged in the alleged offenses”, indicates the report, according to an extract read by Me Dulude.
“If the pecuniary aspect does not seem to be a leading factor, we tend to believe that it is not to be neglected in the commission of offences”, also concludes the report.
Note that Marc Boulianne is no longer a member of the Chamber of Judicial Officers of Quebec since March 2020. He has completely changed profession and settled in his native region. This is where he will serve his 20-month suspended prison sentence imposed by Judge Pierre Dupras.
During the first 10 months of his sentence, Marc Boulianne will have to stay at home at all times, except for work. It will then be subject to a curfew. He will also have to do 140 hours of community work. He was defended by Mr.e Simon Chartier.