Sentencing delayed

A Waterloo man charged for the assisted suicide of his wife will wait until May to learn his fate.

Peter Fonteece, 47, appeared in Superior Court Wednesday where it was expected he would be sentenced for criminal negligence causing death. The judge, however, told the courtroom that a decision would wait until May 13. Fonteece pleaded guilty to the charge following the death of his wife, Yanisa Fonteece.

The court heard that Yanisa, 38, lost her job in Waterloo and Fonteece was unable to work because of vision problem. The couple was together for 18 years and was travelling to Manitoba to look for work. During their trip their car broke down in Thunder Bay. They checked into a Super 8 motel on Feb.2, 2009.

While in the motel the couple discussed taking their own lives. The court heard how Yanisa later took more than 40 sleeping pills and drank alcohol while Fonteece stood by. Once he knew she had died, he left the motel room and tried to take his life by hanging himself from a tree.

The hanging failed when the belt broke. Fontece tried and failed several more times and eventually gave up. On Feb. 6, 2009 he called 911 and told police about his wife.

"At no time did Yanisa ever suggest to me to call for help," Fonteece said. "She said she did not want to wake up to see hospital lights."

Defence Attorney Gil Labine described the couple as gentle souls who tried to get through life together. The two did agree to take their own lives, he added.

Fonteece was at the Thunder Bay District Jail from Feb. 6 until April 15. Police placed him under house arrest at the John Howard Society after he was released on bail. Labine said his time in prison should allow him a two-for-one credit, meaning the court would count two days of time served for every day Fonteece spent in prison.

But that request, combined with a Monday amendment to the Criminal Code of Canada, complicated the sentencing. The Criminal Code amendment changed the two-for-one credit for time served to a 1.5-for-one formula.

Labine said Fonteece spent 70 days in custody and should be credited for 140 days served, but if the time served is awarded at a 1.5-for-one formula then the judge may credit Fonteece with 105 days served instead.

Crown Attorney David MacKenzie requested Fonteece spend a further nine months in custody followed by a probation period.

"In the days prior to her death, Mrs. Fonteece had expressed a desire to end her own life in discussions with her husband," MacKenzie said. "The necessaries of life is a term that encompasses more than just food, clothing and shelter. It includes anything that is necessary to preserve life such as medical aid or intervention to prevent serious harm or death."