Judge to decide prison or house arrest for Edmonton mother convicted of gun possession

An Edmonton woman's sentencing for gun possession will turn on whether police breaches during her arrest justify reducing her time behind bars.

Lisa Marie Duperron pleaded guilty late last year to a weapon offence and breaches following her arrest in August 2023 alongside Tyler Melnick. Police said the pair were selling "deadly illicit drugs like fentanyl." A loaded gun was found in Duperron's home. Melnick pleaded guilty earlier this year to a single count of possession for purpose of trafficking and was sentenced to two years in jail; his other charges were withdrawn.

At Duperron's sentencing hearing on Tuesday before Court of King's Bench Justice James Neilson, the court found that police had breached Duperron's rights during custody — problems with the grounds for arrest and her access to counsel. Duperron's defence lawyer David Wolsey called the breaches "egregious" and an "institutional failure" by Edmonton police. "This is sloppy police practice, it is reckless, it need be not only discouraged, but the court needs to distance itself from that type of conduct," Wolsey said. He argued the breaches justified a one-year sentence reduction.

Prosecutor Bertrand Malo sought three years in prison, while Wolsey sought a two-year conditional sentence order including house arrest. Wolsey said Duperron has "basically rehabilitated herself" while on pre-trial release, poses no threat to the public, and was not involved in "any drug trafficking activity." He characterized her former relationship with Melnick as "overbearing."

Malo countered that the breaches fell "well short of the type of breaches that have historically justified significant sentence reduction."

Duperron has a two-year-old son. She returns to court on October 16 to set a date for Neilson's sentencing decision. The maximum sentence for firearm possession is 14 years.