"[While the man] was not raised with a traditional upbringing, [doesn't have status and neither he nor his] immediate family were impacted by state actions such as residential schools, even the dissociation with one's past and cultural heritage is a negative consequence of colonization."
"[Yet] violence against the toddler, when he was so young, will have an inevitable and long-term impact. The extent of the impact is unknown, but I have no trouble finding that there will have been an impact."
"He helped to care for the children when the mother was unavailable or even, as it appears from time to time, unwilling. [On occasion, however], the child would be locked in a bedroom as a punishment for their behaviour and at night [so he wouldn't interrupt them]."
"[K.J.M.] did not express any concern with locking a toddler in a room for extended periods of time while unsupervised by an adult."
B.C. Provincial Court Judge Temara Golinsky
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| The building blocks of character |
In British Columbia an Indigenous man of 33, has been sentenced to six months in prison for assaults captured by a nanny cam in the bedroom of a two-year-old child. A year behind bars was sought by the Crown, while a conditional sentence of two years less a day to be served in the community was what the defence counsel felt to be a more appropriate sentence. Although the man had never lived in an Indigenous community, nor was he raised with a First Nations consciousness, the man referred to in court as K.J.M. was still given weight as an impediment to his equal status within society, without having suffered discrimination as a result of his indigeneity.
K.J.M. pleaded guilty to the two assaults for which he was charged in court, expressing remorse at a two-day sentencing hearing. K.L.M. spoke during a pre-sentence interview of his relationship with the mother of the two children with whom he lived as 'awful', based on what he believed to be her infidelity. He felt used by the children's mother -- for financial support and child care. The child, he said, 'was difficult to parent', would beat his four-year-old sister and 'smear his s--- on the wall' without chastising guidance from the child's mother.
K.J.M. explained he put the toddler in a time out in his mother's absence on the day of the event that occasioned the first of the charges against him. The video in the child's room showed the child, clad in a diaper only, seated on the floor close to the bedroom door. When the door was opened it struck him on the shoulder "rolling him back and away from the door".
"K.J.M. stepped into the room and used his foot to kick and move the child away from the door, rolling him into the centre of the room. He then bent down and pushed his hand on the front of the child's neck, pressing him into the carpet. He squeezed the child's neck for a moment while the child was screaming."
"K.J.M. yelled, 'Get away from the f---ing door', and then released his grip and left the room, closing the door behind him."
"The child can be heard crying while crawling back to sit at the closed door."
Two days later, another video showed the second of the charged assaults. The little boy, again diaper-clad, on his bed quietly crying, flinches as K.J.M. opens the door and strides into the room to stand beside the bed.
"He immediately squared his stance and then kicked the child once in the face or forehead with his bare foot, causing the child to fall onto his back."
"He yelled something at the child, then stormed out of the room and closed the door behind him. The child continued to lie there on his back and can be heard crying until the video ends a few seconds later."
Some time afterward, the children's mother noticed a scrape on her son which motivated her to review the footage on the nanny cam, which revealed the assaults. She immediately alerted authorities. While acknowledging his unacceptable behaviour with the child, K.J.M. spoke to the pre-sentence interviewers of the child having been "screaming or freaking out" after being punished. Judge Golinsky corrected that version, when she said audio from the videos indicate the toddler "was doing neither in the seconds leading up to either of the assaults".

The judge considered the man's offences to be "of such gravity and his moral culpability" so high that a conditional sentence was inappropriate. In consideration of the violent nature of the assaults given the child's vulnerability, the judge noted that the "assaults cannot be characterized as momentary lapses of judgment. If he had known the first assault was a mistake, as he stated to the report writers, then it is aggravating that he assaulted the toddler again."
Even so, taking into account K.J.M.'s indigenous ancestry as well as other mitigating factors, she felt in her judgment, a shorter sentence than requested by the Crown was supported, considering his guilty plea, the absence of any prior criminal record, his remorse -- and long-term effects of a traumatic brain injury suffered from an ATV accident in 2013.
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| A 33-year-old B.C. man of Indigenous descent was
sentenced to six months in prison for choking and kicking his
ex-girlfriend's toddler son. Photo by Postmedia |
Labels: Criminal Offences, Gladue Principles, Indigeneity, Violent Child Abuse