Nipigon OPP arrest pair following Rocky Bay First Nation complaint; we explain each Criminal Code charge and the possible penalties upon conviction

By NetNewsLedger Staff
Category: Regional News
Date: November 18, 2025

NIPIGON, Ont. — A gas theft call on Rocky Bay First Nation led Ontario Provincial Police (OPP) to a stolen vehicle Tuesday evening and a series of firearm- and court-order–related charges against two Thunder Bay residents.

Around 6:15 p.m. on Nov. 18, members of the Nipigon OPP Detachment responded to the report and quickly located the suspect vehicle, which police say had been reported stolen from Thunder Bay.

Further investigation uncovered additional offences, including firearm violations.

Both accused were held for a bail hearing and remain in custody.

Accused and Charges

Patricia WHYTE, 41, of Thunder Bay — Criminal Code charges:

• Theft under $5,000 (s.334(b))

• Unauthorized possession of a firearm (s.91(1))

• Possession of a firearm contrary to prohibition order (s.117.01)

• Possession of property obtained by crime over $5,000 (s.354/355(a))

• Failure to comply with release order — five counts (s.145(5)(a))

Denis BERNARD, 41, of Thunder Bay — Criminal Code charges:

• Theft under $5,000 (s.334(b))

• Unauthorized possession of a firearm (s.91(1))

• Possession of a firearm contrary to prohibition order (s.117.01)

Note: None of the allegations have been proven in court. The accused are presumed innocent unless and until proven guilty.

What the Charges Mean — and Possible Penalties

Theft under $5,000 (s.334(b))

• Plain English: Taking property worth under $5,000 without consent (e.g., fuel).

• Penalty: Hybrid offence. If the Crown proceeds by indictment: up to 2 years’ imprisonment. If summary: up to 2 years less a day and/or a fine. Restitution can also be ordered.

Unauthorized possession of a firearm (s.91(1))

• Plain English: Having a firearm without proper licence/registration.

• Penalty: Hybrid. Up to 5 years if indictable; up to 2 years less a day if summary. Convictions often trigger weapons prohibitions and forfeiture of the firearm.

Possession of a firearm contrary to prohibition order (s.117.01)

• Plain English: Possessing a firearm despite a court-ordered weapons ban.

• Penalty: Hybrid. Up to 10 years if indictable; up to 2 years less a day if summary. Courts commonly impose/extend weapons prohibitions; DNA orders may also be considered.

Possession of property obtained by crime over $5,000 (s.354/355(a))

• Plain English: Having money or goods (e.g., a stolen vehicle) knowing—or being reckless about whether—they were obtained by crime.

• Penalty: Indictable: up to 10 years. Summary: up to 2 years less a day and/or a fine. Forfeiture can apply to offence-related property.

Failure to comply with release order (s.145(5)(a))

• Plain English: Breaching court-ordered conditions (curfew, no-contact, keep-the-peace, etc.).

• Penalty: Hybrid. Indictable: up to 2 years. Summary: up to 2 years less a day and/or a fine. Multiple breaches and public-safety risk are aggravating.

Sentences in any case depend on the facts, the offender’s record, aggravating/mitigating factors, and any joint submissions. Judges may add probation, restitution, weapons prohibitions, and forfeiture orders where the law allows.

Call for Information

Nipigon OPP ask, if you have information about this investigation or drug/property crime in the area, contact the OPP at 1-888-310-1122. To remain anonymous, call Crime Stoppers at 1-800-222-8477 (TIPS) or submit online at ontariocrimestoppers.ca.