Conditional sentence for ex-officer on gun charge might not be deterrent, judge says

A Fredericton judge suggested a joint sentencing proposal Tuesday was too lenient in the case of a former peace officer who left a loaded gun in the house while his children were home.

Michael Breau was in provincial court to be sentenced for improperly storing his service firearm at the Rusagonis house  near the capital, on March 29, 2022.

Crown prosecutor Scott Morrison and defence lawyer Emily Cochrane submitted a joint recommendation for a conditional discharge and two years on probation.

Cochrane told the court the improper storage of the firearm was a stupid, isolated incident.

But Judge Kelly Winchester, on video conference, said it was more than stupid.

"It was dangerous," she said.

She wasn't satisfied with the recommended sentence and asked for further submissions. The sentencing was adjourned until Nov. 26 at 9:30 a.m. 

The jointly proposed sentence called for conditions that would include 20 hours of community service, mental health counselling, and a firearms prohibition for the length of the court order.

Winchester raised concerns that the conditional discharge might not be enough of a deterrent to the general public.

But Cochrane said Breau, 35, has suffered as a result of the incident, and the charges and news coverage send a message to the public that if you do this, your whole life could fall apart.

Cochrane said Breau had been employed in the Department of Public Safety, has no criminal record, and is not a violent person or someone with drug or alcohol problems.

Because of the criminal case, he is struggling with mental and physical health problems as well as growing financial troubles because he lost his job. 

Letters were submitted on Breau's behalf from two of his children, his defence lawyer said. The letters were not read aloud. 

Breau addressed the court himself, speaking about the pride he once felt being a peace officer, and the embarrassment the case has caused his family. He described himself as a loving father and husband.