S. Joy Marr

The applicant brought an uncontested motion to change a prior custody and access order concerning two young children.

She sought supervised access, third-party exchange arrangements, enforcement provisions, relocation permission beyond a 30‑kilometre radius, and increased child support.

The court found insufficient admissible evidence to vary child support or permit relocation but accepted uncontroverted evidence of conflict and abusive conduct during exchanges.

The court ordered that all access exchanges and communications occur through a mutually agreed third party and imposed forfeiture consequences for late pickups or returns.

The request for supervised access and relocation was denied due to insufficient evidence.

The offender was convicted after trial of aggravated assault and three counts of breach of probation arising from an unprovoked and vicious beating of a victim in February 2011, which resulted in severe traumatic brain injury and permanent cognitive and physical impairment.

The offender also pleaded guilty to common assault and two counts of breach of probation for assaulting another inmate while in custody in May 2011.

The sentencing court imposed a custodial sentence balancing denunciation and deterrence against rehabilitation, with particular consideration given to the offender's Aboriginal status, youth, and background trauma, while recognizing the serious nature of the violent offences and the significant harm inflicted on the victims.