Renee Patricia Merkel was ordered to spend two years in jail as opposed to house arrest after the BC Court of Appeal overturned a sentence applied earlier this year. (Ian Holmes/NanaimoNewsNOW)

By Ian Holmes

sentence reversed

‘Clearly unreasonable:’ Appeals Court orders jail time for Parksville workplace scammer under house arrest

Nov 30, 2021 | 5:26 AM

NANAIMO — A repeat fraudster who bilked $70,000 from her former employer has been ordered to exchange her electronic bracelet for a jail cell.

The BC Court of Appeal announced two years of house arrest for Renee Patricia Merkel will be replaced by a jail sentence, calling the original punishment from Supreme Court Justice David Crerar “demonstrably unfit.”

The offender pleaded guilty in October 2020 to fraud over $5,000 for inflating paycheques of current, past and inactive employees of Errington Cedar Products in 2017 and 2018 where she oversaw the company’s payroll system.

Merkel, 43, was ordered to pay back $109,000, representing the total losses to the bankrupt family run mill due to tax liabilities.

Victims of the crooked bookkeeper included a single mother who lost valuable government GST and child tax benefits.

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Court of Appeal Justice Gregory Fitch wrote the April 29 sentence was clearly unreasonable.

“The sentence did not reflect the respondent’s high moral culpability or meet the principles of denunciation and deterrence. It is demonstrably unfit.”

Justice Fitch outlined several errors by Justice Crerar, including there being no evidence to reasonably conclude Merkel’s opioid use contributed to her offending.

Reversing the sentence was unanimously endorsed by a three member Court of Appeal panel.

Merkel has a history of stealing from employers while in a position of trust.

She has three prior convictions for similar workplace scams dating back to 2001 in Port Alberni under her maiden name Renee Yacaboski, resulting in well over $100,000 in losses.

Merkel served a nine month jail sentence and two non-custodial sentences for the earlier crimes.

Renee Merkel moments after pleading guilty to fraud over $5,000 in October 2020. (Ian Holmes/NanaimoNewsNOW)

In a pre-sentence report Merkel rationalized her behaviour for defrauding the Errington saw mill in order to pay for bills and her children’s sports costs.

While she accepted responsibility for her actions, a psychiatrist cited concerns Merkel lacked remorse and insight into her offending and is at a medium-to-high risk to re-offend.

During sentencing arguments Merkel’s lawyer stated his client was previously diagnosed with depression and was constantly dealing with various stresses in life at the time of her most recent offending.

Numerous other orders against Merkel remain in place, including not having authority over another person or organization’s money or property aside from her immediate family’s for the rest of her life.

Crown Counsel initiated an appeal last April after Merkel avoided a non-custodial sentence.

The maximum punishment for fraud over $5,000 under the Criminal Code of Canada is 14-years in prison.

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