Fraud over $5,000

R v Kitch

Sentence and the Crown's position

Crown asked9 months in custody1
Judge imposed9 months' incarceration, then 24 months' probation1

What the law allows

Maximum14 years
Crown asked9 months in custody
Judge imposed9 months in custody
For fraud over $5,000 (CC 380(1)(a)), the Criminal Code currently allows up to 14 years, with no mandatory minimum. The sentence imposed is 5% of the maximum. Read the section.

Tracey Kitch, former CEO of the IWK Children’s Hospital, was found guilty after trial of fraud over $5,000 for using hospital resources for personal expenses and attesting they were business expenses. The Crown sought nine months' incarceration followed by probation; the defence sought a conditional sentence. Associate Chief Judge van der Hoek imposed nine months' incarceration and 24 months' probation, finding that a conditional sentence would not meet the need for denunciation and general deterrence given the serious breach of trust.

In the judge's words

I find nine months accomplishes the necessary sentencing objectives, reflects the seriousness of the offence, recognizes the aggravating factors that far outweigh the mitigating, denounces the deliberate misuse of public funds, is proportionate to other sentences imposed for breach of trust fraud, and is proportionate to the nature of the offence and the culpability of Ms. Kitch.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: Peter Dostal and Alex Keaveny
Defence: Nicholas Fitch

Sources

  1. R v Kitch, 2026 NSPC 6 Court decision, CanLII, February 4, 2026[3] The Crown says her actions represent a serious breach of trust that requires a carceral sentence of nine-months with probation to follow, and various ancillary orders.[1] Following trial, Ms. Kitch was found guilty of one count of fraud over $5,000.00[42] I am not convinced of the existence of many mitigating circumstances. She repaid the money. She is a first offender[63] … I find nine months accomplishes the necessary sentencing objectives, reflects the seriousness of the offence, recognizes the aggravating factors that far outweigh the mitigating, denounces the deliberate misuse of public funds, is proportionate to other sentences imposed for breach of trust fraud, and is proportionate to the nature of the offence and the culpability of Ms. Kitch.[63] … I exercise restraint in sentencing and will accede to the request of the Crown and impose nine months incarceration. … [64] I adopt the recommendation for a 24-month period of probation and ancillary order pursuant to s. 380.3 of the Code for a period of ten years.
  2. R v Kitch, 2026 NSPC 6 Court decision, Courts of Nova Scotia

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