Joe Fontana has been lying low since he resigned last month as London’s mayor following his conviction on three criminal charges. Fontana returns to the spotlight Tuesday for his sentencing hearing when the Crown and defence will put forward arguments on what sentence he should serve. Jane Sims outlines what will happen in the courtroom

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Almost a month after he exited the public stage, Joe Fontana, the former London mayor and long-serving federal cabinet minister and MP, will be back in the criminal court spotlight.

Fontana, 64, of Arva will be at his sentencing hearing at the London courthouse Tuesday on breach of trust by a public official, fraud and forgery charges.

Fontana resigned in June, a week after he was found guilty of doctoring a Marconi Club reception contract negotiated for his son’s wedding and submitting it to the House of Commons for expense payment in 2005.

The $1,700 Government of Canada cheque was sent to the Marconi Club and the amount was deducted from the Fontanas’ wedding bill.

The three convictions forced the mayor out of office.

What’s next? Here’s a primer:

What is the usual procedure for a sentencing hearing?

Both assistant Crown attorney Tim Zuber and defence lawyer Gordon Cudmore will be given opportunities to argue what sentence they think Fontana should be dealt. Expect the Crown to point to the proven breach of public trust, deceit of the taxpayers and overall cavalier behaviour by the former mayor. Expect the defence to put forward Fontana’s long public service record of more than three decades, his status in the community, his lack of criminal record and his age. And expect lots of case law examples to bolster each side’s proposed sentencing ranges.

What is the range of sentence?

None of the convictions carry a mandatory minimum sentence, opening the door to anything from a suspended sentence to time in a federal prison. Fines, probation (for any term two years or less) and community service also are available.

So, will Fontana go to jail?

That’s entirely in Superior Court Justice Bruce Thomas’s hands — and he has many options. If Fontana is sentenced to any term two years or longer, he must serve it in federal prison. Anything less than two years sends an offender to a provincial jail.

Any sentence in the provincial jail range could be served conditionally in the community, otherwise known as house arrest. If the crime doesn’t carry a mandatory minimum sentence and the sentence is under two years, a judge can order the offender serve his sentence at home.

Sometimes, monitoring with an electronic bracelet is part of the house arrest order. More often, an offender is given an extensive laundry list of requirements to follow and a few hours each week he can leave the house to gather up weekly necessities.

Lengthy conditional sentences can be split up with different terms. A judge could order the offender to serve the first half inside the home, then loosen the restrictions to just a curfew for the second half.

Conditional sentences are still considered in law to be jail sentences. Any sentence could play havoc with Fontana’s ability to travel out of the country.

Can the Crown or the defence call evidence?

Yes. In sentencing hearings involving crimes of violence, the Crown often calls on victims to give testimonials, called victim impact statements, to describe how the crime has changed them. That’s not expected in Fontana’s case. However, expect Cudmore to provide the court with a stack of reference letters articulating Fontana’s public service record and involvement in the community. He also can call witnesses to talk about his client’s character.

Will Fontana say anything?

Part of the sentencing procedure requires a judge to ask the offender if he has anything to say. This will be Fontana’s one chance to speak before Thomas’s decision. It’s up to him.

Will there be a sentencing decision on Tuesday?

Possibly and possibly not. Again, it’s up to the judge. Should the Crown and defence be far apart in their sentencing ranges, Thomas may not make a quick decision. He reserved judgment on Fontana’s case for two weeks back in June to draft his reasons for convicting the former mayor.

He has the same kind of options for sentencing — he could reserve and return with written reasons for sentence.

That’s not what Thomas did the last time he was at the centre of a London criminal case with political overtones. Thomas sentenced Tim Best, the husband of former London mayor Anne Marie DeCicco-Best, to six months in jail on impaired driving charges the same day he heard arguments from the Crown and the defence.

The Crown had asked for 15 to 18 months, while the defence suggested Thomas use fines, weekend sentences and community service to punish Best.

Can Fontana appeal?

Yes. He could appeal his convictions, his sentence or both. Any appeal, if allowed, would be heard by the Ontario Court of Appeal.

jane.sims@sunmedia.ca

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