A man struggling with homelessness received jail time after pleading guilty to two counts of mischief and two counts of failing to comply with a probation order at Moose Jaw Provincial Court on Thursday. 

Sean Poil, 36, was sentenced by Judge David Chow to 60 days in jail minus 41 days enhanced credit for 27 actual days already served. 

Provincial Crown prosecutor Monique Paquin said Poil was put on a probation order on Jan. 30 not to attend several locations in downtown Moose Jaw. On Feb. 3, Poil was found sitting inside the Bank of Montreal against his probation order. 

On Feb. 4, Poil was found by police lying on the floor inside the CIBC bank. Paquin said officers could smell cigarette smoke and there were cigarette butts on the floor. Poil admitted to officers that he had only one cigarette although he had been previously warned about smoking inside the bank. 

On Feb. 8, Poil was found inside Temple Gardens Spa asking patrons for money once again against his probation order. 

Police then received two calls for service on March 9 when Poil was inside the ATM lobby asking for money. Paquin added that Moose Jaw police had dealt with Poil 14 times since Jan. 1 and had 51 calls for service for him trespassing or loitering around businesses since Jan. 1. 

Paquin was seeking 120 days minus time served in remand. She said his last sentence for similar crimes was 36 days in a contested sentencing in which the Crown asked for 90 days. 

She said the Crown’s main concern was that Poil was not following court orders. She did not ask for any additional probation as Poil would still have 10 months remaining on his current probation order. 

Legal Aid lawyer Zack Anderson argued that Poil should only receive 60 days minus time served. Anderson said the offences stem from Poil’s homelessness. He said they were not violent or serious crimes but being more of a “nuisance” and not following a probation order. Anderson added that Poil deals with mental health issues. 

Anderson disagreed with Paquin saying if the court is going to give out an elevated sentence, it must go by Poil’s last sentence of 36 days and not what the Crown was seeking at the time of 90 days. 

Anderson added that the offences on Feb. 4 and 8 were before he went to Willow Lodge. After that, it was nearly a month between offences. 

Poil could be seen via video from remand pacing and visibly upset. 

Chow said Poil had always been polite when dealing with the court but felt he was internally agitated. Chow also referenced a bail verification report that said Poil is in denial of any mental health issues. 

Chow felt that Poil has the integrity and ability to know the different between right and wrong. He agreed with Anderson that Poil was more of a “nuisance” but it would be solved if Poil could find housing. 

Chow agreed that the sentence should be elevated but disagreed with Paquin saying 120 days was not necessary. 

Struggling with the defence’s submissions, Chow agreed to 60 days in remand with 19 days left to serve after enhanced credit.