BC Woman Receives Probation for Stealing $14K in Funds Raised for Students

A person walks past the Provincial Court of British Columbia in Vancouver, B.C., on Jan. 16, 2024. The Canadian Press/Ethan Cairns

A B.C. woman who pleaded guilty to stealing more than $14,000 raised by volunteers for school supplies and hot meal programs will serve no jail time, a provincial court has ruled.

The Provincial Court of British Columbia suspended the passing of sentence for parent council treasurer Andrea Blanchard and instead handed the 49-year-old mother of two teens three years of probation. She was sentenced Oct. 28 after pleading guilty to one count of theft over $5,000 last year.

Blanchard was the treasurer of the South Rutland Elementary Parents Advisory Council (PAC) in Kelowna when she stole $14,295 over a period of nearly three years to pay bills after her husband lost his job, according to the court decision.

Judge Clarke Burnett called her decision to steal from the PAC “an egregious breach of the trust.”

“Her actions deprived the PAC of its ability to purchase school supplies, books, equipment and to support student field trips,” the judge wrote in his ruling. “Perhaps the most significant and distressing result of her crime was that it contributed to the cessation of breakfast and lunch programs in place to support vulnerable children from families with low income.”

Blanchard was school council treasurer from September 2014 to December 2018, the court said. Her duties as treasurer included overseeing the council’s financial activities including collecting and depositing donations, applying for grants, writing cheques, and writing financial reports.

When her spouse lost his employment in 2015, the expense of running their household became “unmanageable” on one income, according to court documents.

“The family’s financial situation was so dire that their electricity was cut off,” the judgment noted.

The thefts from PAC funds began in January 2016 and continued through November of 2018, according to the ruling. Blanchard created false financial statements, forged the PAC president’s signature on documents and arranged for the PAC’s bank statements to be sent to her residence in a bid to conceal the thefts.

“She believed she would be able to pay back the PAC before her deceit was discovered,” the judge wrote.

The PAC president discovered the theft in December of 2018 after accessing the council’s bank account. The president called the RCMP and immediately removed Blanchard as treasurer.

Blanchard cooperated with the police investigation and admitted to stealing the money, the court said. She had paid back approximately $5,000 of the $14,295 she stole when the missing funds were discovered, leaving a little more than $9,000 unaccounted for.

Aggravating and Mitigating Factors

The impact of the theft was one of the aggravating factors the judge took into account when determining Blanchard’s sentence.

“Her crime grossly impeded the PAC’s ability to support SRE and the children who attended it,” Burnett wrote. “Underprivileged children suffered as a result.”

Other aggravating factors included the breach of trust in her role as treasurer, the length of time over which the thefts were committed, and the “sophistication” of the offence that included multiple “discrete acts of deception,” the judge said.

The mitigating factors considered by the judge included her guilty plea and lack of criminal record as well as the fact that she has repaid all of the funds she stole from the PAC in addition to all the legal and accounting fees the council incurred.

The judge said the fact that Blanchard identifies as Métis was also considered, and that “particular attention” must be afforded to aboriginal offenders when applying a sentence.

The judge described Blanchard as being gainfully employed, adding that she has had steady work since high school and is currently employed by Service Canada. ​​She was placed on suspension pending the outcome of sentencing.

He noted that Blanchard does not suffer from any addictions or mental health diagnoses, but began to experience anxiety when she started stealing from the school council.

“The stigma associated with the offence has been devastating to her,” Burnett wrote. “She feels very shameful and guilty about what she did.”

Crown counsel told the court a jail term would have been pursued were it not for several mitigating factors, notably that Blanchard has made restitution of $26,728, accounting for the full sum she misappropriated and all costs associated with the PAC’s investigation of the theft.

Ruling

While the Crown sought a suspended sentence, Blanchard’s lawyer asked for a conditional discharge. A conditional discharge would necessitate probation, but wouldn’t leave Blanchard with a criminal record.

Burnett rejected defence counsel’s bid for a conditional sentence saying that while Blanchard has made financial restitution and is remorseful, “her actions were deliberate and calculated.”

“When Mrs. Blanchard and her family first experienced financial difficulties, she could have sought the assistance of charitable organizations, government supports, or friends,” he said. “She chose not to. Instead, she resorted to theft. She knew what she was doing was wrong. This was not an impulsive act.”

Burnett sentenced her to three years of probation, with 100 hours of community service to be completed within two years. She must also participate in a restorative justice program and attend any counselling recommended by her probation officer.

The suspended sentence, which will leave Blanchard with a criminal record, was the most appropriate option, the judge said.

“She only stopped when her deceit came to light. She stole in excess of $14,000,” he said. “Her moral blameworthiness is extremely high.”