CHARLOTTETOWN, P.E.I. — A P.E.I. man who knowingly made false or misleading representations about earnings on 54 Employment Insurance benefits reports has been sentenced to 90 days in jail and ordered to pay a hefty fine of $16,200.
Kevin Davis, 34, of South Winsloe, was sentenced on May 6 in provincial court in Charlottetown. Davis pleaded guilty to the charges on April 29.
The facts
The 54 offences involved five separate benefit periods from 2018 to 2023. During that time, Davis made 54 bi-weekly reports and received employment insurance payments while he also worked for multiple employers and did not disclose earnings. The total amount of overpayments that was deposited into Davis' bank account by Service Canada was $41,878.
The investigation involved production orders for payroll records from Davis' employers as well as his banking records. Records of employment discussed in court also suggest that there were times during the benefits periods when Davis wasn't working.
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Federal Crown attorney Matthew Bradley noted that Davis had two prior administrative offences involving EI overpayments that were dealt with internally by the federal government. In 2016, Davis had an EI overpayment of $1,465 and received a financial penalty of $733.Then in 2017, Davis had another overpayment of $1,956 and received a financial penalty in that same amount. It was stated in court that Davis paid both of those penalties.
Based on recent and similar EI matters in provincial court, Bradley requested a 90-day jail sentence and a fine of either $200, $300 or $400 per count.
Personal circumstances
Davis addressed the court and discussed his personal circumstances. He noted that prior to the offences, his brother died, which led to mental health and alcohol issues. Davis added that he recently turned his life around and got married, but there are family challenges in that situation as well.
Davis, who represented himself in court, requested house arrest for the offences. But Judge Nancy Orr rejected that request. Orr explained that given the numerous offences and length of time they occurred, house arrest wasn't an appropriate sentence.
Davis also apologized in court for his bad decisions and provided the court with details about a repayment plan he has with the federal government for $41,878.
Sentence
At sentencing, Orr discussed the seriousness of the offences. She explained that Canada's Employment Insurance program depends on the honesty of people submitting benefit claims. Orr also noted that many people pay into the program and never have to use it. The offences aren't just "ripping off" the government but also everyone who pays into the program, including friends and neighbours, she said.
Orr accepted Bradley's recommendation and sentenced Davis to 90 days in jail. The sentence breaks down into 90 days in jail for the first count and 90 days concurrent for each of the remaining 53 counts. Orr allowed Davis to serve the sentence on weekends so he could continue his full-time employment. Orr also fined Davis $300 for each count totalling $16,200.
Terrence McEachern is a justice reporter with SaltWire in Prince Edward Island. He can be reached by email at terrence.mceachern@theguardian.pe.ca and can be followed on X @terry_mcn.
