Winnipeg father convicted of manslaughter in infant son's death gets 7 years in prison

A Winnipeg man convicted of manslaughter in his infant son's 2020 death has been sentenced to seven years in prison.

Mathieu Moreau, now 35, was home alone watching his three-month-old son Maven Gillis-Moreau on the evening of Jan. 11, 2020, before the baby was rushed to hospital in serious medical distress. The infant had a broken clavicle and leg and swelling and bleeding of the brain.

Maven was later pronounced brain dead and taken off life support.

Moreau was handed his sentence — which will be reduced by 17 days when enhanced credit for time already served is factored in — on May 30, Manitoba's online Court of King's Bench registry says.

Prosecutors argued during Moreau's trial last year that he "violently assaulted" his son out of frustration that night because the infant wouldn't go to sleep. Moreau's lawyers said both parents had the opportunity to cause the injuries, because the baby's mother was watching him before Moreau got home.

While Moreau denied hurting his son that night, Court of King's Bench Justice Sadie Bond said she didn't accept the testimony he gave during the judge-alone trial. She found him guilty of manslaughter in the baby's death, which was caused by a traumatic brain injury.

"I find that Mr. Moreau inflicted some form of assault on Maven. That assault may have included shaking Maven, hitting him, throwing him or any combination of those acts," Bond said when she convicted Moreau following his trial.

Prosecutors had asked for a sentence of 10 to 12 years — which Crown attorney Jennifer Mann said during sentencing submissions in April was in part because more than five years after his son's death, Moreau still showed "considerable lack of insight" into the actions that caused it.

Mann said while Moreau was "no doubt" saddened by the loss of his son, the court also heard no direct expression of remorse nor an explanation for his behaviour from him.

Moreau did not speak when given the chance in court on the advice of his lawyers, who said he should be sentenced to three to five years in prison. They described him as an extremely busy and tired parent who was working two jobs at the time of his son's death, and noted he called 911 and tried to resuscitate his injured son that night. 

"He also can grieve. He also feels terrible for what happened. He loved his child," defence lawyer Bruce Bonney said during sentencing submissions. "Although he sits here silently, he feels the pain too."

During sentencing, court heard victim impact statements from Maven's mother, Evelyn Gillis, and both her parents, who described the nightmares and health issues they still deal with as a result of their grandson's death and the stress and anguish it caused their family.

Gillis spoke through tears at times as she recalled the last time she held her son, his tiny body connected to tubes and wires in the pediatric intensive care unit.

She also told court she struggled with severe mental health issues after her son's death and excoriated Moreau for what she described as withholding information about what happened that night and manipulating her family when they were in an extremely fragile state.

"You watched us suffer, mourn, grieve, and you attended Maven's funeral planning. You even felt entitled to help us choose Maven's urn before you were eventually arrested," she said, turning to address Moreau directly where he sat in the gallery.

"Mathieu took away everything Maven could have been, and his bright future ahead. Instead of walking Maven through life, I had to walk him to the morgue."

Prosecutors added during sentencing that Moreau was in a position of trust over an extremely vulnerable child and has not gotten counselling for anger management issues. Court heard Moreau was assessed as being a medium risk to reoffend.