Kristen Wiersema

The defendant was charged with assault with a weapon, uttering threats, and mischief under five thousand dollars arising from a domestic incident on November 29, 2017.

The defendant also faced an allegation of breaching a conditional sentence order by failing to keep the peace and be of good behaviour.

At trial, the criminal charges were withdrawn in exchange for the defendant admitting the breach.

The court accepted the admission and found a breach had occurred.

Following submissions on disposition over three court dates, the parties jointly proposed that the defendant continue serving the conditional sentence with amended conditions.

The court accepted this proposal but determined it was necessary to clarify the calculation of time remaining on the conditional sentence, specifically addressing when the sentence was suspended, when suspension terminated, and whether time ran during the suspension period.

The accused pleaded guilty to three charges: sexual assault of a child under 16 years of age, possession of child pornography, and production of child pornography.

The offences occurred between 2012 and 2014 and involved an eight-year-old child.

The court imposed a sentence of two years less a day, less pre-trial detention and house arrest credits, resulting in 17 months incarceration.

The court considered Gladue principles, psychological assessment, victim impact, and sentencing principles emphasizing denunciation and deterrence for offences involving child abuse.

The court imposed sentences on two Aboriginal defendants following their guilty pleas to assault causing bodily harm.

Garrett Skead received 13 months incarceration (60 days additional after 11 months pre-trial custody credit) plus two years probation.

Bradley Jack received 15 months incarceration (7 months additional after 8 months custody credit) plus two years probation.

Both received concurrent 30-day sentences on breach charges.

The sentencing was informed by extensive Gladue reports and the judge's detailed consideration of the historical context of Aboriginal marginalization and the residential school system's impact on the defendants' community.