Mr. Fleisher's record at the time his sentence was imposed consisted of fourteen convictions for driving offences for which he received fines (some accompanied by probation), five jail terms and one conditional sentence. The lengthiest prison term he received was 18 months. In April 2014 he was sentenced for one count of driving while disqualified, two counts of impaired driving, two counts of refusing to comply with a breath sample demand and one count of breaching a probation order by not keeping the peace and not being of good behaviour. The Crown sought a five to six year jail sentence. The offences dated back to 2010 and between 2010 and 2014 Mr. Fleischer enrolled in and completed a number of addiction treatment programs. "The sentencing judge found that Respondent was rehabilitated and thus concluded that a federal sentence of incarceration would be inappropriate and could even have a negative impact on the rehabilitation efforts of other offenders" and a 120 day minimum jail sentence was imposed, followed by a 3 year probation order and a lifetime driving ban. The Quebec Court of Appeal dismissed the Crown's sentence appeal and upheld the sentence:
After a life of alcohol abuse and a lengthy record of driving offences related to that abuse, the Respondent, at the age of 61, took control of his life to struggle to overcome or at least control, with apparent success, his alcohol addiction. He also recognized by community volunteerism the societal problem of drinking and driving and demonstrated his commitment to contributing to the eradication of that problem. In the very exceptional circumstances of this case, it cannot be said, in my opinion, that there is an error in the weight that the sentencing judge chose to give to that aspect of the sentencing equation. The sentence is not unreasonable nor patently or demonstratively unfit. R. v. Fleisher, 2015 QCCA 642