Canadian Justice for Criminal Acts Perpetrated by Indigenous People

"The offender repeatedly had sexual intercourse with her knowing that he held the power in the situation not only because of their age difference but also because he had inflicted physical harm on her and psychological terror to ensure that she would comply."

"But for his Gladue factors [leniency in sentences for those with Aboriginal backgrounds], I would have imposed the sentence sought by the Crown." 

"The offender's life has been directly influenced by many of the Gladue factors. He has existed for extended periods of time in his life in a state of severe poverty over homelessness, he is under-educated, he has struggled with severe addiction issues and as a child was taken from his family and placed in a foster care system where he was sexually abused and separated from his siblings."

"The racism he faced in his own family and in the outside world, no doubt impacted his views as to how others should be treated." 

Justice Jayne Williams 

A Calgary courthouse. Photo by Jeff McIntosh/The Canadian Press

 

This Calgary judge, in her legal wisdom delivering justice saw fit to take two years from a  ten-year sentence given a man who repeatedly sexually assaulted a girl who was 12 years old when they met, while he was 25. He terrorized the girl into submission, yet because the man has an Indigenous background, of Cree heritage, he is deemed to qualify for a reduced sentence under Canadian law. Known to the court as RJM, the man met the young girl on  the social media site Instagram. 

 

He assaulted and threatened to kill his victim on many occasions in a period of time between spring and the fall of 2023. Before RJM was arrested in September 2023, he had led police on a wild vehicular chase. He had threatened the  girl and her mother even when he was securely locked into a prison cell. His lawyer saw fit to argue for a six-year sentence for her client, while the Crown recommended a ten-year prison term.

 

In Canadian law, the Supreme Court of Canada set out the Gladue principles requiring sentencing judges to consider what is called the 'unique circumstances' of criminal offenders with Indigenous backgrounds. This was meant to address the over-representation in Canada's courts and prisons of Indigenous people. The decision for reduced sentence was made despite that the court was aware of the gravity of the treatment the young girl was exposed to.

 

The girl was sexually assaulted multiple times, dragged by her hair, punched in the face. "On another occasion he drove her out of the city and left her on the side of the road to walk back. He eventually returned for her." He threatened to kill the girl's mother and her cat, "specifically telling A.B. she was a 'dead slut' and that her mother A.C. was 'going to get hit too'. He would put a bullet in her head, and there was a bomb to total A.B.'s mother's car." Indeed, a makeshift nail bomb was placed under A.C.'s car. She ran over it and it exploded.   

"He took no steps to substantiate her age initially, but on [Sept. 2, 3030] the offender took a photograph of A.B.'s passwords and accessed her Calgary Board of Education account. It was on this date that he learned she  was 13."

"They began to argue about infidelity. He brandished a knife pointing it at A.B. and telling her he was going to kill her He also searched her phone confirming she was not cheating."

"[Once he learned her true age, RJM] confronted her via  text message, about lying. His texts divulge his awareness that her actual age resulted in 'a whole new level of consequences'." 

"[He made a] conscious decision to continue the relationship despite his receipt of this new information. He speaks to A.B. in possessive terms stating, 'better or worse you belong to me', 'that p--sy is mine and that bulls--t sexy little attitude', 'delete every message I ever send to you at the end of the night'."

Justice Jayne Williams  

Soon after RJM and the girl met online, they agreed to meet in person. "Between this first meeting and his arrest in September they met almost every second day" and regularly had sexual intercourse. A.B. informed the man that she was 16 year of age. He admitted to the court that he was violent with her while the girl was still 12 years old, while they drove about in his car. After he learned her true age his texts "include a mix of disbelief that she is so young and a decision to sexually make the most of her age. There is a progression detailed in the [agreed statement of facts] from him being disturbed by her age to him being aroused by it".

 

Calgary police were called by one of the girl's friends, "as a result of aggressive text messages the offender sent to A.B. while her friend was present. These texts included the offender calling A.B. a 'f--king rat', f--king piece of s--t, and 'f-king whore'. He threatened to shoot up and burn down her mother's home and that of her friend. He threatened to kill her mother and her friend, sending a video of himself holding a blowtorch and a video showing he was outside A.B.'s mother's residence." When police located him, he turned and fled. 

 

When police searched his backpack during the arrest they found a manilla folder. "The folder had 'BOOM FOLDER' written on the front and 'Munitions Supply Folder, Burials, Advanced Techniques' written on its back. Documents found inside the folder held details for explosives production, modified ammunition, improvised firearms, and techniques on properly digging a grave." A butane torch, rifle cleaning kit, hatchet, pickaxe, sledgehammer and knife were found on a further search of RJM's car.

 

A Calgary police cruiser is pictured. Postmedia file

"The texts begin with the following sentiments; 'I'm in shock', 'I'm seriously disturbed right now like feel really scared', 'I can get labelled after a pedophile' and progress to 'I might as well earn these potential life-changing charges'." 

"[RJM] was involved in a sexual relationship with a teenager for over three months. He was aware she was 13 for ten days. His conduct was intentional over the course of that ten days and the sexual acts were continual."

"This was not a temporary lapse of judgment on his part. In fact, his arousal having learned that A.B. was 13 resulted in the sexual acts becoming more egregious over the course of that ten days."

Justice Jayne Williams