YORKTON, Sask. — The former treasurer of the Esterhazy Minor Hockey Association has been sentenced to a 12-month conditional sentence to be served in the community after pleading guilty to stealing nearly $45,000 from the non-profit organization over a seven-month period in 2025.
Cory Smith, 37, appeared in Esterhazy Circuit Court on Aug. 25, where Judge Ross G. Green imposed the sentence despite defence arguments for a conditional discharge that would have left Smith without a criminal record.
“I'm not satisfied that a conditional discharge would be fit here and in saying that I appreciate that a conviction may well create difficulty for him,” said Judge Green.
Theft deliberate and prolonged: Crown
Crown prosecutor Fred Fisher argued that Smith’s moral culpability is at the high end because the association is a non-profit that provides activities for youth, Smith was entrusted with their finances and had direct access to funding, and the thefts took place over seven months through more than 50 improper transactions.
“This was not a spur-of-the-moment or one-time or two-time transaction,” said Fisher. “Rather it took place over a period of months with the accused having ample time to rethink his ways and correct his actions, notwithstanding that he continued making the transactions on a repeated basis.”
Smith carried out the thefts through e-transfers, which didn’t require the two-signature approval normally used for association cheques, allowing him to move money without immediate oversight.
Court heard that the theft nearly collapsed the association’s operations. Fisher said the organization’s accounts had been drained “to almost zero,” a discovery made only after local businesses contacted then-president Glen Simon about unpaid bills. Simon obtained bank records and discovered that the financial updates Smith had been providing at board meetings weren’t accurate, prompting a review of the association’s finances.
With almost no money left, the association had to ask the Town of Esterhazy for a temporary suspension of its ice fees for most of the 2025 sports year. Fisher said there was “great concern the organization may have to fold on the entire hockey year for the town,” because it couldn’t meet its expenses.
Six members of the board attended Smith’s sentencing hearing, and Fisher said that several had been present at every prior court appearance.
The victim impact statement filed by the association said that the offence placed substantial burdens on volunteers, strained community resources, undermined trust, and jeopardized programming for the young athletes.
Defence cites mental‑health crisis, remorse and repayment
Defence lawyer Raman Sharma told the court that a criminal conviction would have severe repercussions for Smith. He said he works as a plumber and his employer requires criminal record checks, with a policy of not hiring individuals with a criminal record. Sharma said a conviction would “effectively end his current employment and create a permanent barrier for his future employment in the industry.”
The defence also argued that Smith had already faced “extreme levels of shame and embarrassment in his community” after the news of the theft was exposed. He lost all of his friends, his sense of community, and his relationships with family became strained. As a result, Smith’s mental health worsened to the point where he checked himself into a mental health facility due to suicidal ideations from the extreme isolation he was facing.
Sharma told the court Smith’s actions were “completely out of character” and driven by severe mental anguish he was under at the time. Sharma said that once Smith was confronted by Simon, he took full responsibility in front of the board and police, apologized, immediately repaid $20,000, and later consolidated his debts and re-mortgaged his home so he could pay the remaining restitution as quickly as possible.
The remaining balance of $24,798 was placed in his lawyer’s trust account and, under the terms of his sentence, must be paid to the Esterhazy Minor Hockey Association by Sept. 1. In total, Smith is required to pay the full $44,798 he stole from the organization.
In addition to the conditional sentence, Smith’s 12-month community sentence has strict conditions, including house arrest, a curfew from 10 p.m. to 5 a.m. unless he has prior permission from his probation officer, mandatory mental health counselling as ordered, and no contact with Simon. He was also ordered to complete 120 hours of community service and write a letter of apology to the association. If he breaches his release conditions, he could serve the remainder of the sentence in jail.
