The Ontario Court of Justice declined to accept a joint sentencing submission recommending a three-year probation order and credit for 65 days pre-sentence custody for Juanita Chakasim, an Indigenous woman diagnosed with Fetal Alcohol Spectrum Disorder (FASD).
The court found the proposed sentence excessive and potentially harmful to her rehabilitation, emphasizing the need to consider her Indigenous status, cognitive impairments, unstable housing, and mental health challenges.
The judge highlighted the risks of imposing onerous probation conditions on vulnerable offenders, which could lead to breach charges and re-incarceration, perpetuating systemic injustices.
Instead, a suspended sentence with a six-month probation order with minimal reporting requirements was imposed, focusing on restorative justice and community support.
