BOYLE — A Colinton-area man’s monthly court appearances for a failing to pay back the local Legion for stealing their Remembrance Day Poppy donations will come to an end after more than eight months of adjournments.
“I’ve created this issue,” said Justice Robert Shaigec.
In front of Shaigec was Perry Chernish, a local who was sentenced to probation at the beginning of 2023 for stealing the poppy donations from the Boyle Legion. One condition of his probation was to pay $500 in restitution to the Legion for the theft.
“This matter’s gone over and over many times. Mr. Chernish, you’ve had lots of chances to pay restitution, you’re either unable or unwilling.”
Chernish’s Sept.10 appearance in Boyle Court of Justice marked his eighth in as many months after being charged with a breach of probation for failing to pay the restitution within the specified time period.
“You were placed on probation on Feb. 27 of 2023, so that’s a year and a half ago,” said Shaigec. “You had nine months to pay restitution, you’re unable to do it. Then you had a year since then to pay it, and you’re not able to do so.”
Chernish’s last court appearance was Aug. 13, when he again requested his issue be stood down so he could travel to his employer, pick up his paycheque, and pay the amount owing the same day.
Shaigec granted what would be the last adjournment at Chernish’s request in the hopes that the Legion would be compensated for the prior theft.
“I dare you to find a judge who isn’t going to make you pay back the Canadian Legion,” Shaigec told Chernish Aug. 13.
“You stole from the bravest people that went to war,” he added. “There’s no right-thinking Canadian that thinks you should run by a poppy box and steal it.”
Chernish again asked for more time to pay during his September court date, but Shaigec and Crown prosecutor Taylor Noble opted to move ahead with sentencing.
Noble’s ask was for a one-day jail sentence, to be satisfied by Chernish’s appearance in court, and another 12-month probation order, this time restricting him from attending the Boyle Legion.
“This is a difficult sentencing, as you’re well aware,” said Noble. “His record you have before you is very dated, the only relevant entries are from 2023 in February, there’s the thefts that give rise to this offence.”
“Mr. Chernish has been to this court multiple times, has been given multiple instances to pay this (restitution) and he has not done so, and I don’t think it’s likely that he will do so.”
Shaigec disagreed with the Crown’s ask, noting a one-day jail sentence was no punishment. He handed down a similar sentence to the one Chernish was already facing: a $500 fine, payable to the courts rather than the Legion.
“You haven’t been involved in the criminal justice system since before I went to law school, since the 1980s,” said Shaigec. “It’s remarkable, because you lived 35 years crime-free, and then last year you end up in trouble.”
Chernish has until Dec. 19 to pay his fine, or he risks facing four days in jail.
“I’m gonna pay (the Legion) anyways, I want to – out of respect,” said Chernish.
