Kyle Smith-Stebbins, a 40-year-old from London, Ontario, has once again avoided prison time despite a long history of ignoring court orders and driving while prohibited.
Smith-Stebbins, who has been caught driving contrary to bans on seven separate occasions and has 11 prior convictions for breaching court orders, was arrested by York Regional Police in a Newmarket hotel parking lot after officers noticed his licence plates didn’t match the vehicle. He was convicted of three counts of operating a conveyance while prohibited.
Although he was also charged with possessing stolen property worth over $5,000 — the car he was driving — he was not convicted of that charge. The Crown sought the maximum penalty of two years less a day in custody, arguing that his repeated defiance of court orders demanded a tough response.
His defence, however, cited his Indigenous background and the principle of precedent in similar cases, pressing instead for a conditional sentence. Justice Joseph Kenkel sided with the defence, sentencing him to 15 months of house arrest.
“I agree with the Crown that there is a need here for a significant deterrent sentence to make the point with Mr. Smith-Stebbins and others like him that court orders must be obeyed,” Justice Kenkel said. “Somehow, he was granted bail despite all of the past breaches. His history, particularly in the two years prior, indicated a strong likelihood that he would commit further offences. Instead, Mr. Smith-Stebbins took the opportunity to make a change, likely related to the counselling he received in 2023.”
Smith-Stebbins’ sister told the court he had made “positive changes” in his life since the Newmarket incident, noting his year-long counselling for drug addiction in 2023, which appears to have helped him steer away from crystal meth and cocaine use.
Under the sentence, he must remain at home from 10 p.m. to 7 a.m. for the first five months. He is also banned for life from driving anywhere in Canada.