Addicts have three options: treatment, jail or ‘you die’, Sudbury judge says


A man escaped prison because he voluntarily received treatment

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After Daniel Patry dumped his girlfriend at a local bar, he ransacked her apartment following an argument.

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He was also found driving while impaired by drugs in December 2020.

In Sudbury court, Patry, 31 and of no fixed address, was given a suspended sentence and a lengthy probation order after pleading guilty to five of his numerous charges.

“I’m just sorry for wasting the court’s time, sorry for my behavior, I just hope to change the course of my life,” Patry, 33, told Ontario Court Judge Louise Tight.

The court heard that Patry had struggled with drug addiction and it was a key factor in the destruction of the apartment. But an arrest for drug-impaired driving, then possession of fentanyl in December of that year, and the loss of several people close to him to the drug, prompted Patry to visit Health Sciences North for guidance. mental health and addictions help.

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He then spent 28 days in an addiction treatment center in Timmins and is now considering getting continued addiction help from Monarch Recovery Services in Sudbury.

It was this intervention work that Patry did alone that prevented a prison sentence from being handed down. Patry, the court heard, has a lengthy criminal record.

“I’ve lost three friends (to drugs) in the last three years,” he told Serre.

The judge told Patry there were three options for people struggling with drug addiction.

“Either you do what you did — go to treatment — and put in the effort, or you go to jail, or you die,” Serre said.

But the judge wasn’t going to let Patry forget the extensive damage he caused to his girlfriend’s apartment in August 2020. He destroyed her fish tank, damaged the lock on the apartment’s door and the contact of his vehicle, smashed a mirror and used lipstick to write obscene comments on a wall.

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“You stole the dial in a terrific way,” she told him. “Put yourself in his shoes. Someone broke the ignition key to your vehicle, the lock to your house, damaged personal property, walls strewn with profanity. How would you feel?”

“I don’t know,” Patry replied. “I’ve never had that done to me.”

“Have some empathy here,” Serre said, his voice rising. “It destroys someone’s security.”

The judge then told Patry that he had a lengthy criminal record filled with similar offenses, likely the result of drug addiction.

“It tormented you,” she said. “I’m surprised you were able to keep a job. It gave you a good income and allowed you to buy the drugs.

“Without your stay at the Jubilee Center (in Timmins), without your stay at Health Sciences North, without your attempt to get into Monarch, you would be behind bars…

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“You seem to be on the right track right now.”

Patry had pleaded guilty to two counts of breach of probation; one count of possession of fentanyl; one count of mischief under $5,000; and one count of drug-impaired driving.

The Crown and a court worker from the N’Swakamok Native Friendship Center suggested the sentence.

Judge Serre also issued a two-year license suspension.

The probation order includes conditions such as having no contact with the ex-girlfriend, following instructions and paying the ex-girlfriend $500 restitution.

The first 90 days of the probation order will have a curfew.

The court heard that on May 17, 2019, Patry was sentenced to 15 days in jail over the weekend and placed on probation.

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As of November 2020, Patry ceased reporting to her probation officer.

In August of that year, Patry was in an on-again-off-again relationship with a woman and they were trying to reconcile.

On August 30, the woman called Greater Sudbury Police to report that Patry had ransacked her apartment.

The woman said that on the 29th, she handed Patry the keys to her vehicle and apartment, as he was to be her designated driver. He dropped her off at a bar. Patry later learned that the girlfriend was at a friend’s house and she invited him to attend.

Patry then texted that he was at the woman’s apartment, they had a fight and she asked for her keys back. Patry later left in his own vehicle.

When the woman returned to her apartment, she was unable to enter because her door lock had been damaged. She must have broken in.

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The woman discovered that her apartment had been ransacked. In the bedroom, the woman found messages on her bedroom walls using lipstick that read ‘someone will come after you’ and the words ‘ho’ and ‘use people’.

Then around 9:05 a.m. on December 16 of that year, Patry was driving a 2013 Optima down an alley in the Donovan when it hit a telephone pole and a fence.

Officers responding to the collision found Patry attempting to remove the vehicle’s bumper from the driveway.

Patry, who appeared disoriented and closed his eyes for several seconds then opened them again, told officers he was driving and hit a fence.

After performing poorly on a field sobriety test, a police drug recognition officer determined that Patry was impaired by a drug.

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Then, on December 21, Patry was arrested on a warrant. It was discovered that he had 0.1 grams of fentanyl in a sock.

The court heard from N’Swakamok legal aid that Patry had family in the Sagamok First Nation west of Greater Sudbury, was the father of a child and struggled with drug addiction.

It was the loss of a close cousin to a drug overdose in December 2021 that prompted Patry to deal with his own drug issues.

The court heard that Patry was a diamond driller, but took time off to get his addiction issues under control.

Assistant Crown Attorney Kaely Whillans said that although Patry has a lengthy criminal record, a suspended sentence was “appropriate given the work Mr Patry has undertaken to improve himself”.

In his sentencing brief, federal prosecutor Denys Bradley said it was Patry’s completion of the residential drug treatment program in Timmins that changed his initial sentencing stance.

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Twitter: @HaroldCarmichae


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