Police Say Suspect Also Wanted on Warrants, Including Sex Offender Registry-Related Matter
THUNDER BAY — Thunder Bay Police Service say officers arrested a 37-year-old man late last night following an alleged assault on a woman.
The suspect was taken into custody after the reported incident and was also wanted on two outstanding warrants: one alleging a breach of probation, and another connected to alleged non-compliance with sex offender registration requirements.
Police identified the accused as John Gustafson, 37-years of age.
Gustafson is charged with:
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Assault
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Breach of probation
He remains in custody at the Thunder Bay Jail, with a court appearance scheduled for Feb. 25, 2026.
All charges have not been proven in court. The accused is presumed innocent unless and until proven guilty.
What “Assault” Means Under the Criminal Code
In Canada, “assault” is broadly defined and can include the intentional application of force without consent, or even attempting or threatening to apply force in certain circumstances.
In this case, police have laid a charge of assault under the Criminal Code (commonly prosecuted under sections 265 and 266).
Potential penalties on conviction: Assault (s. 266)
Assault is a hybrid offence, meaning the Crown can choose to prosecute it by indictment (more serious) or by summary conviction (generally less serious).
If prosecuted by indictment, the maximum penalty is:
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Up to 5 years in prison
If prosecuted summarily, the maximum penalty depends on how the Crown proceeds and the court’s sentencing powers, but can include:
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Jail, probation, and/or fines (along with mandatory surcharges and conditions)
Sentences in assault cases vary widely based on the alleged facts, injuries (if any), prior record, and whether there are aggravating features (including domestic context, if alleged).
What “Breach of Probation” Means Under the Criminal Code
A probation order is a court order with conditions—such as keeping the peace, reporting to a probation officer, or obeying restrictions. A “breach” allegation generally means police believe an accused person failed to follow one or more conditions without a reasonable excuse.
The Criminal Code offence is set out at section 733.1.
Potential penalties on conviction: Breach of probation (s. 733.1)
Breach of probation is also a hybrid offence.
If prosecuted by indictment, the maximum penalty is:
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Up to 4 years in prison
If prosecuted summarily, the court may impose:
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Jail and/or fines, and often new or stricter probation conditions depending on the circumstances (and whether the underlying matter is still before the courts).
What Police Mean by Sex Offender Registration Non-Compliance
Police said the accused was also wanted on a warrant related to alleged breaching sex offender registration requirements.
In federal law, failing to comply with a court order under the Sex Offender Information Registration Act (SOIRA) can lead to charges under section 490.031 of the Criminal Code, which provides for penalties including:
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Up to 2 years imprisonment on indictment, or
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Up to two years less a day on summary conviction, and/or
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Fines up to $10,000, depending on the case and how it is prosecuted
However: Thunder Bay Police have not listed a new SOIRA-related charge among the charges announced in this arrest. The registry-related issue appears to be tied to an existing warrant, which may proceed separately in court.
What Happens Next in Court
Gustafson is scheduled to appear in court on Feb. 25, 2026. At an early appearance, the court typically addresses:
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Whether the accused will seek bail (or remain in custody)
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Disclosure and next steps
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Any conditions intended to protect public safety and the complainant
NetNewsLedger will update as further court information becomes available and as additional details are confirmed through official sources.
