A former correctional officer who smuggled drugs, knives and cell phones into prison hopes to get away with home confinement thanks to her rehabilitation. On the contrary, a firm prison sentence is essential to send a strong message to the public, argues the Crown.
Fania Jean-Charles pleaded guilty last summer to charges of breach of trust, conspiracy to distribute cannabis and illegal possession. The 40-year-old Montrealer was an experienced correctional officer at the Rivière-des-Prairies prison when she turned into a criminal in the winter of 2021.
In exchange for a few thousand dollars, Fania Jean-Charles ignored her oath and the safety of her colleagues by giving detainees knife blades, cell phones and lighters. The corrupt officer used modified pop cans and boxes of Pringles chips to hide the drugs and items.
Fania Jean-Charles was caught red-handed in March 2021, when she placed a brown paper bag in front of the sliding door of a wing. Two cans of soft drink were in the brown paper bag. These modified cans with a double bottom concealed, among other things, 139 g of cannabis and 114 g of tobacco.
In addition, the authorities discovered other “plugs” wrapped in black electrical tape at Fania Jean-Charles, suggesting that other deliveries were being planned.
“The position of a correctional officer is to protect against this type of action. This is why the message to the public must be clear,” argued Wednesday Crown prosecutor M.e Sara Henningsson, who is demanding a prison sentence of 18 months.
The defense suggests a sentence of two years, less a day, to be served in the community. According to Me Valérie Acosta, Fania Jean-Charles has begun a “convincing” rehabilitation and does not present a risk of recurrence, in particular thanks to her therapy with a “naturopath”. The “report” produced by this therapist raised the eyebrows of Judge Salvatore Mascia.
Fania Jean-Charles expressed remorse while addressing the court. “I feel extremely bad. I endangered the lives of officers and detainees. I’m ashamed of what I did. I regret,” she testified.
Judge Mascia seemed concerned about the message a home prison sentence would send to the public. “If it hadn’t been for Madam, there would be no crime. In a position of trust, she puts her colleagues at risk in exchange for money. We’re talking about blades, not just drugs. Is it that [la prison à domicile], is this enough to denounce this crime? “, asked the judge.
“It remains a dissuasive sentence,” argued Me Acosta.
“But to prevent other colleagues from being tempted to imitate him, does a suspended sentence have a deterrent effect? “, asked the judge.
Legal proceedings are still ongoing for M’s two co-defendantsme Jean Charles. One of them was his boyfriend at the time and allegedly received money for facilitating the transactions.
Judge Mascia will release his decision in the coming weeks.