Card 006: breach of the law “same crime, same sentence” — false report to police · Ontario · he — 18 months in jail, she — no criminal record

false report to police · Ontario · 2010 / 2011 · he — convicted by a jury, 18 months in jail; she — pleaded guilty, no criminal record.

He was in jail on another matter. He wrote that his ex-wife's new boyfriend was molesting his 15-year-old daughter. Child protection and police checked twice — the girl was in no danger. He had prior convictions, including ones involving his ex-wife. A jury convicted him. Sentence: 18 months in jail.

She accused her ex-partner of sexual assault. Then she claimed he had come to her door in breach of a no-contact order and showed a photo. He was arrested and spent three days in custody. Forensic analysis showed the photo was a picture of a flat image. The Crown later withdrew the sexual assault charge but did not rule out that something had happened between them.

She pleaded guilty and had no record. Sentence: conditional discharge — no criminal record, a year of probation, 75 hours of community service.

Details: both decisions, the law, what happened after

He

Case: R. v. Delacruz
Citation: 2010 ONSC 3060
Court: Ontario Superior Court of Justice, jury
Date of decision: 2010-06-07
Charge: public mischief (Criminal Code s. 140)
Outcome: convicted by a jury
Sentence: 18 months in jail
Facts: False accusation that his ex-wife's boyfriend was molesting his daughter; two checks by child protection and police. Prior record. 18 months and a year of probation (paras. 1–5, 13, 35).
Decision: https://www.canlii.org/en/on/onsc/doc/2010/2010onsc3060/2010onsc3060.html

She

Case: R. v. T.S.
Citation: 2011 ONCJ 233
Court: Ontario Court of Justice
Date of decision: 2011-04-28
Charge: public mischief (Criminal Code s. 140)
Outcome: pleaded guilty
Sentence: no criminal record
Facts: A fabricated photo of a "breach of the order"; ex-partner arrested, 3 days in custody. No record. Conditional discharge, 12 months of probation, 75 hours of community service (paras. 1, 4, 7–10, 12, 40–41).
Decision: https://www.canlii.org/en/on/oncj/doc/2011/2011oncj233/2011oncj233.html

Law

same crime, same sentence — Criminal Code s. 718.2(b) — https://laws-lois.justice.gc.ca/eng/acts/c-46/section-718.2.html
everyone is equal before the law and the courts — Charter s. 15 — https://laws-lois.justice.gc.ca/eng/const/page-12.html
the same rights for men and women — Charter s. 28 — https://laws-lois.justice.gc.ca/eng/const/page-12.html

After

none

Machine version: /api/v1/006.json · added 2026-10-17