Judge rejects bid to change sentence of B.C. offender who filmed girls' sexual assault

Martin Tremblay, then 45, is pictured in this undated handout photo distributed in 2015.. ( HO- Vancouver Police / THE CANADIAN PRESS)

VANCOUVER — A British Columbia man who plied two teenagers with drugs and alcohol and then failed to intervene as they died will remain in prison indefinitely after the B.C. Court of Appeal refused to overturn his sentence.

Martin Tremblay was convicted in 2013 of two counts each of criminal negligence causing death and failing to provide the necessities of life, and was labelled a dangerous offender, which carries an indeterminate sentence.

His trial heard he invited 16-year-old Kayla Lalonde and 17-year-old Martha Jackson to his home, gave them drugs and alcohol until they passed out, sexually assaulted them and then failed to get help when their conditions deteriorated.

In a decision posted online Thursday, a panel of three judges ruled unanimously against allowing the appeal of his sentence or an introduction of new evidence that shows his progress in sexual offender programs.

Tremblay asked that his sentence be changed to 20 years in prison, followed by 10 years under supervision, claiming the trial judge failed to properly consider his risk during sentencing.

Writing for the panel, Justice Patrice Abrioux says there was no legal error and while Tremblay had made progress is addressing his risk factors, he wouldn't admit it as new evidence.

“The reasons as a whole indicate that the judge paid careful consideration to the appellant's risk assessment and treatment prospects,” he says in the ruling.

Tremblay had a long history of offences, the court noted.

He was convicted in 2003 of assaulting five teenage Indigenous girls. He invited them to his house to party, gave them alcohol and drugs, waited until they passed out and videotaped himself sexually assaulting them.

Tremblay claimed as a result of the programs he had completed in prison, he had taken responsibility for his actions.

The Crown had opposed the introduction of the new evidence, telling the Appeal Court it did not relate to the legal error Tremblay claimed the trial judge made or relate to the prison sentence he had been given.

This report by The Canadian Press was first published Jan. 21, 2021.