CANADA: Year in jail is stiffest sentence judge could give in worst elder abuse case

. OTTAWA, Ontario / The Sault Star / News / August 12, 2009 By Megan Gillis, Sun Media A caregiver who left an elderly man with Parkinson’s in his own feces while spending his money as “calculating and callous.” But Justice Denis Power said Tuesday that legal precedent prevented him from giving Daniel Jacques Chartrand more than a year in jail — the stiffest sentence ever handed down for failing to provide the necessities of life. After time served, Chartrand, 39, will walk free in 87 days. Once released, he’ll serve two years probation and do 100 hours of community service. When Chartrand began caring for Harry Matthews in 2003 after his diagnosis with Parkinson’s disease, the retired director of finance at Foreign Affairs was worth about a million dollars. By August 2005, the 76-year-old had lost everything —squandered on luxury cars — and was discovered emaciated and lying on his bedroom floor in threadbare pajamas. The smell of old and new urine and feces was terrible. Matthews would never go home. He died in a nursing home in 2007. “The conditions Mr. Matthews was discovered in were disgraceful and tragic,” Power said, calling it a clear case of serious elder abuse. “In my opinion, the accused’s conduct, his breech of trust to Mr. Matthews, is nothing short of despicable.” Power said he took into consideration that Chartrand has schizophrenia but was “restrained” in handing out more time because of sentences in similar cases and the principles of sentencing set out in law. “I was quite surprised to observe precedents are, in my opinion, on the low side,” Power said. “I have difficulty with it. Had Mr. Matthews not been found when he was, he might very well have died. “Mr. Chartrand’s callousness towards Mr. Matthews was reprehensible.” A pre-sentence report concluded that Chartrand is utterly remorseless and blames Matthews for his own actions. “I don’t give a crap about this,” he told a probation officer. “I’m just here doing my time. I want to serve my time and be done with this.” Matthews promised Chartrand’s grandmother, his neighbour, on her deathbed that he would guide her grandson. “All I got was him hounding me, wanting me to come over and doing things,” Chartrand said, adding he’d got one of Matthews’s neighbours to look after him. “The old broad was forgetful and didn’t even remember I asked her to care for him,” he said. [rc] megan.gillis@sunmedia.ca © 2009 Sun Media