Court File and Parties

Court File No.: Newmarket Date: 2013-05-31 Ontario Court of Justice

Between: Her Majesty the Queen — and — David Piqtoukun Ruben

Reasons for Sentence

Heard on: May 31, 2013 Reasons Delivered: May 31, 2013

Counsel:

• Ms. Jennifer Gleitman for the Crown
• Mr. Jeffrey Milligan for the accused

Decision

KENKEL J. (Orally):

[1] Mr. Ruben pleaded guilty to one count of uttering threats to cause death contrary to s. 264.1 of the Criminal Code.

[2] After a basement flood at home and the death of a close friend, the accused started drinking. He'd been sober 7 months prior to that date. As the evening progressed he argued with his wife about being driven to a friend's. Police attended in relation to a mischief call but in their presence the heavily intoxicated accused uttered a threat to kill his wife.

[3] We've had the assistance of a very thorough Gladue report prepared by Mr. Chad Kicknosway of Aboriginal Legal Services. This 27 page report sets out in detail Mr. Ruben's personal and family history and provides appropriate context throughout. This report has been a great help to counsel and to the court and Mr. Kicknosway should be commended for his excellent work in that regard.

[4] The report follows Mr. Ruben's life journey from his remote Inuit community to residential school at the age of 5, to life as a nationally known artist. Mr. Ruben has battled alcoholism and his criminal record shows offences of violence and other incidents all committed while he was intoxicated.

[5] The report also shows that Mr. Ruben has a high level of personal insight into his difficulties and he's presently engaged in counselling for alcoholism and anger management. His prior sobriety and the 9 year gap in his record bodes well for his future success.

[6] At the time of plea the Crown's initial position involved further custody, responding to the accused's record for violence and the circumstances of this offence. Having seen the Gladue report and considering the accused's present counselling the Crown and defence both now submit that the court note the pre-trial custody, suspend the passing of sentence and place Mr. Ruben on probation.

[7] I agree with both counsel that in this case a suspended sentence meets the purpose and principles of sentencing, is consistent with s. 718.2(e) and at this point is the best sentence for both the accused and the community.

Sentence

[8] I will suspend the passing of sentence and place Mr. Ruben on probation for a period of 18 months on the following conditions:

• Keep the peace and be of good behaviour
• Not to have contact with the complainant except with her written revocable consent filed with probation
• Continue to attend Alcoholics Anonymous meetings with his sponsor and sign any releases necessary to enable probation to monitor that attendance
• Complete Anger Management counselling with Dr. Narain and sign any releases necessary for probation to monitor that attendance

Released: May 31, 2013 Justice Joseph F. Kenkel