A. Hagan

The offender, an Indigenous man, was found guilty of pointing a firearm, assault, assault with a weapon, and mischief to property against his spouse.

The Crown sought an upper reformatory sentence, while the offender sought a conditional sentence based on Gladue factors and his rehabilitative efforts.

The court weighed the need for denunciation and deterrence for spousal abuse involving firearms against the offender's unique background, intergenerational trauma from residential schools, and exceptional progress in counselling.

The court concluded that a combination of punitive and restorative objectives could be met with a conditional sentence of two years less a day, followed by two years of probation.

The sentencing hearing was scheduled to proceed, but the Gladue Report prepared by Aboriginal Legal Services arrived the evening before the hearing.

Defence counsel requested an adjournment to review the 30-page report with the accused.

The court granted the adjournment on consent, noting the importance of Gladue Reports and the need for timely filing, particularly given the value of court time during the pandemic.

The accused was charged with multiple offences, including assault, pointing a firearm, and mischief, arising from a seventeen-year relationship with the complainant.

The court found the complainant's evidence regarding the major incidents, including two instances of pointing a handgun and an assault with rocks, to be credible and reliable, supported by corroborating evidence.

However, the court had a reasonable doubt regarding the reliability of her testimony on lesser charges due to conflation of events over the lengthy period of abuse.

The accused was found guilty of assault, pointing a firearm, assault with a weapon, and mischief, but acquitted of the remaining charges.