Crown Opening Statement

Your Honor,

The case before us presents a troubling series of repeated violent offenses and breaches of court

orders by Mr. Mackenzie. On January 21, 2022, Mr. Mackenzie was sentenced to imprisonment

followed by a strict probation order which explicitly prohibited him from possessing any

weapons. Despite this, less than nine months later, Mr. Mackenzie breached this order in a way

that endangered public safety and life.

On October 3, 2022, Mr. Mackenzie was found in possession of a knife, openly defying his

probation terms, and displaying aggressive and erratic behavior toward the public and police

officers. Mr. Mackenzie was irrefutably observed “yelling and screaming” at people on the

sidewalk and surrounding police officers to “shoot him”. After a violent struggle with the police,

Mr. Mackenzie was restrained and observed to be “agitated, combative and speaking to

nonexistent people”. The very next day, Mr. Mackenzie openly committed an act of aggravated

assault by endangering the life of the victim by “grabbing [him]” and holding him out in front of

train tracks, as a large maintenance vehicle approached at 50km/hr. Mr. Mackenzie was narrowly

stopped by the operator of said vehicle, Mr. Forsythe, who was able to quickly react and brake

the vehicle before impact. Mr. Mackenzie began to walk away and was later apprehended.

The Crown acknowledges Mr. Mackenzie’s apparent mental health struggles. However, despite

opportunities to engage with mental health services, Mr. Mackenzie has repeatedly chosen not to

participate in assessments or treatment programs that could clarify his diagnosis, treatment

options, and risks of reoffending. Due to Mr. Mackenzie’s reluctance to do so, the Crown

believes he is an active threat to the public.

Given the severity of the offenses, his extensive criminal history, and his persistent disregard for

court orders and public safety, the Crown submits that a firm stance is necessary. We advocate

for a sentence that undoubtedly results in protection of the public from Mr. Mackenzie’s erratic

behavior, proposing a remaining jail term of between 498 to 680 days after accounting for time

served. This sentence is due to a number of CCC violations, including but not limited to:

Breach of Probation Order (Criminal Code, Section 733.1): Mr. Mackenzie breached a

Probation Order, which specifically prohibited him from possessing weapons or knives. This

breach occurred when he was found with a knife while being apprehended by the police.

Assault (Criminal Code, Section 266): Mr. Mackenzie’s actions on the bus where he was

smoking, refused to leave when asked, and later yelled and screamed at people, could be

considered assaultive behavior depending on the threat perceived by those around him.

Assault with a Weapon or Causing Bodily Harm (Criminal Code, Sections 267): While holding a

knife during his confrontation with the police, Mr. Mackenzie could potentially be charged under

this section.

Aggravated Assault (Criminal Code, Section 268): Mr. Mackenzie’s action of holding Mr.

Jenken on the train track with a large railroad maintenance machine approaching, creating a

situation where Mr. Jenken could have been seriously harmed or killed, constitutes aggravated

assault, given the life-threatening nature of the peril.

In sentencing Mr. Mackenzie, we seek not only to uphold the principles of justice but to affirm

the rule of law and the safety of our community.

Defense Opening Statement

Your Honor,

This case, undeniably serious in its allegations, also reveals many significant and unaddressed

mental health issues that deeply influence Mr. Mackenzie’s behavior and culpability. Mr.

Mackenzie’s life has been marked by adversity, including a history of childhood abuse leading to

substance use and development of severe mental illness. Mr. Mackenzie also is a victim of both

physical and mental disability, including fetal alcohol syndrome, neurodevelopmental disorder,

and attention deficit hyperactivity disorder.

The Defense acknowledges the breaches and the aggravated assault committed by Mr.

Mackenzie. However, it is imperative to consider these actions in the context of Mr. Mackenzie’s

mental health. Recent improvements in his condition while incarcerated, where he has begun

receiving medication, suggest that his mental health is a pivotal factor in his behavior. This

improvement indicates that with proper treatment and support, Mr. Mackenzie’s risk to the

public becomes nonexistent.

Given his current and ongoing engagement with mental health treatment, and considering the

mitigating factor of his mental illness, the Defense proposes a more rehabilitative approach. We

urge the court to recognize the substantial time already served by Mr. Mackenzie, which, with

enhanced credit, amounts to 21 months. Therefore, we suggest a remaining sentence of only 4 to

6 months, allowing for his continued treatment and rehabilitation.

We ask for a sentence that not only punishes past behavior but also prioritizes rehabilitation and

the potential for Mr. Mackenzie to reintegrate into society as a contributing member, thereby

addressing the root causes of his actions and reducing the likelihood of reoffense.