COURT FILE NO.: CR-16-0036
DATE: 2019-04-26
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
HER MAJESTY THE QUEEN
T. Schuck, for the Crown
- and -
CAMERON ANGECONEB
F. Thatcher, for the Accused
Accused
DELIVERED: April 26, 2019,
at Kenora, Ontario
Mr. Justice F.B. Fitzpatrick
Oral Reasons On Sentence
[1] On February 5, 2018, Mr. Angeconeb pleaded guilty to a charge of criminal negligence causing the death of William Earl Chisel, Simon Chisel and Kevin Vernon Brisket contrary to section 220(b) of the Criminal Code. The charges arose from an incident in June 2014. As no firearm was involved, there is no minimum sentence for this offence. The maximum punishment for this offence is life imprisonment.
[2] On February 5, 2018 extensive and detailed facts concerning the incident of June 19, 2014 were read in to the record, and accepted as substantially correct by Mr. Angeconeb. Essentially the matter involved eight drunken people, getting in to a fishing boat designed for six, with life jackets for two, heading out on a lake with severe winds and high waves described as four to five foot rollers. The motor was faulty. Two police officers had expressly warned Mr. Angeconeb not to go on the water that day. The party went out anyway. They were going to buy more liquor. Mr. Angeconeb actually went back up to his house to get a new gas tank and fuel line as initially the 25 horsepower motor wouldn’t start. The motor started when Mr. Angeconeb hooked up the new fuel line and gas tank. The motor stopped working when the boat had reached the middle of the lake. Conditions on the lake caused the boat to be swamped. The party was in the water for five hours. It being June in Northwestern Ontario, the water was not warm. Ultimately Mr. Angeconeb’s fifteen year old daughter swam about 450 meters to shore with one of the life jackets and ran back to the community to get help. By the time help arrived two of the party had drowned. A third died later. Three people were dead as the result of Mr. Angeconeb’s negligence.
[3] This matter has taken some time to get to this point. Initially the matter was delayed because a Gladue Report had not been prepared. When it finally was prepared in September 2018, Mr. Angeconeb indicated he was considering bringing an application to strike his plea. This necessitated the appointment of new counsel. Ultimately, in consultation with his new counsel, Mr. Angeconeb determined not to proceed with his application.
[4] Submissions were heard today. There were some submissions about whether or not the entirety of the Gladue Report would be included in the record of this sentencing. As a practical matter I will not deal with those submissions as defence counsel withdrew their oral application on that discrete issue.
[5] There is consensus among counsel that a period of incarceration in a reformatory setting followed by a period of probation is a just and appropriate sentence for Mr. Angeconeb in all the circumstances. There is agreement on certain ancillary orders. On consent, the boat and motor involved in the incident is forfeit to the Crown. On consent Mr. Angeconeb will provide a DNA sample forthwith. On consent, during the period of probation ultimately imposed Mr. Angeconeb will not consume alcohol outside his residence.
[6] Counsel are not in consensus on the length of time Mr. Angeconeb should be incarcerated and for how long he should remain on probation. Mr. Angeconeb did not serve any presentence custody. The Crown asks for two years less on day. Mr. Angeconeb asks for a period of incarceration of anywhere between twelve to fifteen months. The Crown asks for a period of three years probation for Mr. Angeconeb with a recommendation that Mr. Angeconeb pursue the treatment options set out in the Gladue Report. Mr. Angeconeb asks that he be placed on probation for a period of two years and is not adverse to pursuing the recommendations proposed in the Gladue report, but cautions it may be impractical for them to be specifically ordered.
[7] For reasons that follow, I am sentencing Mr. Angeconeb to a period of eighteen months in jail, followed by three years of probation on terms that will be set out below. In my view, this is a just and appropriate sentence in all the circumstances of this case.
[8] There were no victim impact statements filed in this matter. Nevertheless I am cognizant of the fact that this matter involved the death of three people. Mr. Angeconeb’s actions involved the wanton and reckless disregard for the lives and the safety of those who joined him in the boat. There is no question that this incident had a profoundly negative impact on the First Nation community of Lac Seul.
[9] Clearly alcohol was involved. The incident occurred when Mr. Angeconeb was considerably impaired by alcohol. Nevertheless his criminal negligence calls for a period of incarceration of Mr. Angeconeb both to deter these kinds of reckless acts but more importantly as a sign of denunciation for the causing of the loss of three lives. It is necessary to separate Mr. Angeconeb from society in order to reflect the nature of what he has done.
[10] I am impressed by the expressions of remorse by Mr. Angeconeb. It was heartfelt and genuine. I accept his apology to the court and to society at large. His apologies to the families of his victims will be a matter that he will have to deal with in the course of his healing journey. While Mr. Angeconeb has a criminal record it is dated.
[11] There are mitigating factors I took into account in coming to the decisions to impose the range of sentence in this matter. Counsel acknowledge it was appropriate to impose a sentence at the very low range of sentences meted out for this kind of offence.
[12] Of significant importance was Mr. Angeconeb’s Indigenous background. The Gladue report in this matter was exceptionally well prepared, concise and of great value to the court. Given how this matter proceeded, the Crown withdrew its request that a presentence report be prepared and, together with the defence was content to rely on the Gladue report to supplement counsel’s submissions on the necessary background of Mr. Angeconeb’s life. I am confident that the submissions have adequately reflected the elements of Mr. Angeconeb’s life that related to both to his and his families’ background touching upon the so called Gladue factors.
[13] Mr. Angeconeb is a father. He is in a long term relationship with Karen. Together they had five children. One child, Aaylia, the real hero of the incident from which these charges arose, died tragically in August 2017. Mr. Angeconeb has had a tough life. He is an alcoholic. His biological father died before he was born. His mother, and the man who acted as his father when he was growing up were residential school survivors. Mr. Angeconeb’s father had a particular problem with alcohol that often led to violence and the family being deprived of necessities when the parents were off on alcoholic binges. Clearly Mr. Angeconeb has suffered from intergenerational trauma. I accept the description in the Gladue report that Mr. Angeconeb was raised in a community that has been plagued by substance abuse and poverty.
[14] Mr. Angeconeb received his Grade twelve diploma in 2014. His work record is spotty. He is currently unemployed. He is however known as a skilled hunter and when sober has acted as a leader for the youth of the community and sometime fire keeper. He has participated in some traditional healing activities in concert with some of the families of the victims of the incident. In fashioning this sentence I am mindful of Mr. Angeconeb’s Indigenous background and circumstances, as required by section 718.2 of the Criminal Code of Canada, discussed in the decision of the Supreme Court of Canada in R. v. Gladue, 1999 CanLII 679 (SCC), [1999] 1 S.C.R. 688 and revisited recently by the Supreme Court of Canada’s decision in R. v. Ipeelee, 2012 SCC 13, [2012] 1 S.C.R. 433. In my view the Gladue factors have been foremost in the submissions of both counsel today.
[15] To his credit, Mr. Angeconeb has pleaded guilty to the charge of criminal negligence causing death of three people. He has asked for the forgiveness of their families. He has taken responsibility for his actions.
[16] This sentence will be served in the provincial system where Mr. Angeconeb can avail himself of suitable initiatives geared to First Nations offenders, including programs for substance abuse. I recommend that all or a portion of his sentence be served at the Algoma Treatment Center in Sault Ste Marie and that Mr. Angecomb be permitted to avail himself of any appropriate traditional healing programs offered at that facility. Further following the recommendation of the Gladue writer, I recommend Mr. Angeconeb be provided with a small medicine bag, sacred pouch or other sacred items following clearance with the appropriate authorities in the correctional system, and that those items remain with him at all times during his incarceration.
[17] I appreciate this sentence will do nothing to bring back the two members of the Chisel family and Mr. Brisket. However, I am guided by the sentencing provisions of the Criminal Code and principles of sentencing developed in our common law. There is always a balance that must be struck between the need to denounce unlawful conduct and recognize the harm done to victims and those close to them, with our societies’ idea that rehabilitation and fostering a sense of responsibility in offenders must also influence decisions about punishment of those who break the law, particularly when the deaths of individuals are involved.
[18] In my view, a period of incarceration of eighteen months appropriately reflects the gravity of the situation at hand, while at the same time balancing and paying appropriate heed to the direction given by Parliament and the Supreme Court of Canada, in respect of seeking to moderate the number and time spent by Indigenous offenders in Canada’s prisons.
[19] With respect to a period of probation, I am inclined to accept the submissions of the Crown as to the length of time, despite the able and perceptive submissions of Mr. Angeconeb’s counsel. I appreciate that sucessful rehabilitation is largely dependent on day to day choices Mr. Angeconeb will have to make going forward. His decisions concerning his use of alcohol will require a lifetime of decisions regardless of the term of probation that I impose. However, given the low range period of incarceration that I am imposing, I believe that three years of probation will most adequately give Mr. Angeconeb the time he needs to engage the services he will require to help him make the day to day decisions he needs to make, so that he is never again a danger to himself and others due to his decision making process. I appreciate I cannot directly order persons who are not employed directly by the criminal justice system to do anything in regard to assisting Mr. Angeconeb during his period of probation. There are however many excellent recommendations contained in the Gladue report, that I adopt as recommendations for treatment and goals that Mr. Angeconeb should pursue while on probation. They are as follows:
It is recommended that Mr. Angeconeb and Karen attend family treatment at the Reverend Tommy Beardy Memorial Treatment Centre – Residential Drug and Alcohol Treatment Program in Muskrat Dam;
It is recommended that Mr. Angeconeb meet monthly for walks with Bobby Binguis, or some other Restorative Justice worker from NAN Legal Services to establish a healthy community-based relationship that does not involve alcohol;
It is recommended that Mr. Angeconeb work with Bobby Binguis, or some other Restorative Justice worker from NAN Legal Services continue to organize and facilitate sharing circles in the community with Mr. Angeconeb and the victims of the boating incident;.
It is recommended that Mr. Angeconeb’s mental health be assessed by a Health Care Professional and that he be offered counselling for trauma, grief and loss;.
It is recommended that Mr. Angeconeb continue to meet with and work with Mervin Ningewance, or any other Mental Health Worker, or Traditional Healer, in Lac Seul First Nation to establish a path towards healing and recovery including traditional ceremonies and land based activities.
It is recommended that Mr. Angeconeb work with Robert Nelson, or some other Gladue After Care Worker, Grand Council Treaty 3, on working towards and being accountable for the above recommendations;
Further while incarcerated it is recommended:
that Mr. Angeconeb connect with the Native Inmate Liaison Officer to learn about his options for ceremonies, feasts and sacred items;
that Mr. Angeconeb and Robert Nelson, or some other Gladue After Care Worker, Grand Council Treaty 3, exchange monthly letters to establish a working relationship to assist Mr. Angeconeb during his incarceration, to prepare to participate in traditional healing ceremonies upon his release.
[20] Further while on probation, that is to say for a three year period, Mr. Angeconeb is to be prohibited from operating motorized boats or vessels, except in the pursuit of his constitutional or treaty rights to hunt or fish, or in the case of emergency.
[21] Stand up please Mr. Angeconeb. In summary, for the offence of criminal negligence causing death of three persons you are sentenced to a period of eighteen months in custody. I recommend a portion if not all of that sentence be served at the Algoma Treatment facility in Sault Ste Marie. You shall forthwith provide a DNA sample. You shall be on probation for three years following the period of incarceration. In addition to the statutory provisions of reporting to your probation officer as required it is recommended that you take treatment as outlined previously by me. You shall be prohibited from operating a motorized vessel or boat during your period of probation except in the pursuit of your constitutional or treaty rights to hunt or fish, or in the case of emergency.
[22] Count 2 is withdrawn at the request of the Crown.
[23] The Court thanks counsel for their professional and helpful submissions during this sentencing process.
The Hon. Mr. Justice F.B. Fitzpatrick
Released: April 26, 2019
COURT FILE NO.: CR-16-0036
DATE: 2019-04-26
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
HER MAJESTY THE QUEEN
- and -
CAMERON ANGECONEB
Accused
ORAL REASONS ON SENTENCE
Fitzpatrick J.
Released: April 26, 2019
/sf