The intergenerational trauma of residential schools is likely one reason why a 46-year-old man assaulted his family members several times during the last 15 years, his defence lawyer says.
The man’s grandmother attended a residential school and later abused her son, who then carried that abuse forward when the resident was a child, Monique Paquin said in Moose Jaw provincial court recently. However, he is determined to break that cycle and has taken — and is taking — programming to address his issues.
The offender is attending Alcoholics Anonymous and has been sober for three months, while he has made positive lifestyle changes to improve his behavour, she continued. He is taking courses — online and in-person — for anger management, family issues, Cognitive Behaviour Therapy to address his depression, and parenting classes.
The Moose Jaw Express is not naming the man to help protect the identity of his family.
“Your honour, I can honestly say I have never encountered a client who has made such a concerted effort to change his behaviour,” Paquin said. “He is truly remorseful for the pain he has caused his family and wants to avoid any further pain inflicted on them by prolonging this matter in the justice system.”
The man agreed, saying, “I’m very remorseful in my actions and I’m making a change in my behaviour.”
Judge Daryl Rayner applauded the resident’s efforts to address his problems and was pleased that the man had recognized how important it was to take these “extraordinary measures” instead of waiting until after he was sentenced.
“Obviously, your lawyer has already indicated to you, sir, the seriousness of the allegations, and the seriousness doesn’t necessarily arise because of the actions themselves, but rather, who the victims were,” Rayner continued. “These are individuals who are family members, and family members deserve to be treated without violence by their loved ones.”
Rayner accepted the joint recommendation between the Crown and defence and gave the man 12 months of probation. He also levied a victim surcharge of $300.
During court, the offender pleaded guilty to three charges of assault while the Crown stayed another charge.
The first charge occurred sometime in December 2006 in Moose Jaw, where the man assaulted his wife after they returned home from drinking, Crown prosecutor Stephen Yusuff said while reading the facts. His wife was eight months pregnant, and after getting into an argument, he shoved his wife and she fell. She was uninjured during the incident.
The second charge occurred in July 2017 in Moose Jaw, where the man assaulted his daughter after they came home from a drive, Yusuff continued. He became upset with her and began yelling, which prompted the girl to run out of the garage. However, he grabbed her, threw her inside the home, and gripped her jaw to force her to quit screaming.
The third charge occurred on Feb. 21, 2021, where the offender’s son was in the living room in his hockey gear as he prepared to go to practice. The man became upset and pushed his son onto the couch; the son was not injured during this incident.
The man had no criminal record before he pleaded guilty to these charges, Yusuff said. The Crown and defence agreed that the man should be given a conditional discharge with conditions such as keeping the peace and being of good behaviour, having no physical contact with the three relatives or near their schools or workplaces, and not possessing firearms or weapons.
He can, however, contact his family members virtually or by phone.
The next session of Moose Jaw provincial court is Monday, June 14.
The Provincial Court section holds articles that have been written without prejudice with the information that has been presented in a public court of appeal available to the media and public.
