A London group home operator convicted of a dozen fire code violations in relation to a fatal fire at a three-storey walk-up on Oxford St. is going to jail.
Keith Charles was sentenced in Provincial Offences Court on Monday to 20 days in jail to be served on weekends and two years probation. He is also forbidden from having care and control or acting as owner of any building or property providing residential occupancy to more than five unrelated people. However, an exception is being made for Charles' property on Edmonton St., which currently has eight residents.
In handing down the sentence, Justice of the Peace Peter Aharan said that he had taken into consideration the Crown's submission, a pre-sentence report obtained by Charles, and a letter from Charles' daughter.
Charles was convicted in March of 12 fire code violations at 1451 Oxford St. where a blaze claimed the life of 72-year-old David MacPherson in November 2014. The unlicensed group home for high need individuals was operated by Charles under the name "People Helping People."
Aharan pointed out the building where the fatal fire took place had 22 beds in 12 apartments.
"You under took an operation of alarming size and scale," Aharan said to Charles during sentencing. "It wasn't if a fire tragedy would happen, it was when."
Aharan said he was satisfied that Charles has come along way in recognizing the importance of fire safety but still needed to send a strong message to deter other group home operators from cutting corners.
At the start of Monday's sentencing proceedings, Charles told the court he takes full ownership of each count he was convicted of and has taken steps to improve.
"I have changed the way I think. Fire safety is my number-one priority," said Charles, who went on to speak of a daily fire safety checklist he has launched at his three properties.
Charles also said within the last month he had installed two smoke alarms where only one required and cut the number of group homes he operates from seven to three.
"I lowered the amount of people I'm looking after so I could stay safe," Charles told the court.
A small group of people from Charles' group homes joined him in the courtroom. Their presence initially slowed the proceedings as one member of the group, Tammy Baker, who testified at Charles' trial, rushed to the front of the court.
"It's not his fault, it's my fault," Baker told Aharan before Charles ushered her out. The disturbance lead to a 10-minute recess.
Charles was handed the jail sentence instead of the hefty $60,000 in fines proposed by Prosecutor Michelle Perez-Butlin. The court heard, Charles' credit cards are maxed and his hydro is on the verge of being cut off, making it unlikely he would be able to pay any fine levied against him.
Aharan said he would make a recommendation that Charles be considered for the intermittent sentence community work program. If accepted, Charles would perform work out in the community instead of serving jail time.
London Fire Chief John Kobarda speaks to reporters following Keith Charles sentencing, April 24, 2017. (Photo by Miranda Chant)
London Fire Chief John Kobarda believes the sentence handed down was a fair one.
"What's really important to us is it shows the legal system does support us in fire safety," said Kobarda. "There isn't a tolerance for this type of stuff. Not only is Mr. Charles aware of that now but other people maybe doing the same thing will know that the London Fire Department takes this very seriously and so does the judicial system."
Kobarda said to his recollection this is the first time in London's history a jail sentence has been issued for fire code violations.
Charles will begin his 20 day jail sentence on May 5.