Having experienced police harassment in Manitoba because of his Indigenous background, Joshua Allan Duff thought he could avoid similar problems in Saskatchewan by giving officers a false name.
Duff, 35, from Brandon, Man., appeared in Moose Jaw provincial court recently and pleaded guilty to one count of obstructing a peace officer by giving a false name. He received four months of probation and must keep the peace, be of good behaviour, and report to a probation officer.
The Crown had pitched a sentence to Judge Brian Hendrickson of a community sentence order (CSO) — house arrest — of four months, but the judge declined that suggestion.
Duff was in Moose Jaw on Dec. 9, 2020, when officers with the Moose Jaw Police Service pulled him over at 10:56 p.m. and arrested him for having cannabis in his vehicle, Crown prosecutor Stephen Yusuff said while discussing the facts. When asked for his name, Duff gave the name of “Joshua Link” and the birth date of Jan. 1, 1990.
Officers took Duff to the police station and put him in the cells, where he continued to provide a false name. He requested to speak to a lawyer, and when asked, gave a call back name of Joshua Link.
Police acquired a search warrant to search through Duff’s vehicle, where they found his identification and the confirmation of his name of Joshua Duff, Yusuff continued. They also found that he had outstanding warrants from Manitoba related to drug trafficking.
Duff has a criminal record that includes several failures to comply with court orders and breaches of CSOs, Yusuff pointed out. The “real worry” is that he has several convictions from August 2015 for sexual interference and obtaining sex from someone under 18. While the Moose Jaw incident did not involve something similar, those past charges are still concerning.
The other issue Yusuff had is that Duff gave police a false name and was not upfront about who he was. That was “extremely concerning,” which is why the Crown wanted Judge Hendrickson to “take a very, very firm approach” and give the Manitoba man a four-month CSO sentence.
The past offences for sexual interference are not relevant since they did not involve young people, while Duff’s last offence was in 2015, defence lawyer Jonathan Pinx said. What is relevant is that Duff is an Indigenous man whose mother was part of the ’60s Scoop and whose relatives experienced past traumas — all significant Gladue issues that should favour Duff.
Since Duff is Indigenous and has a criminal record, police in Brandon have stopped, harassed, and unfairly targeted him and physically maltreated him, Pinx continued. He did not want to experience similar problems in Moose Jaw, so he gave a false name.
Duff does take responsibility for his actions, added Pinx. Since he is Indigenous, he should receive probation of two months — “a fit sentence” — and face fewer restrictive measures.
After considering both arguments and acknowledging there was “a wide gulf” between the parties, Judge Hendrickson accepted the defence’s recommendation for probation but thought four months was sufficient.
The serious circumstances included Duff deceiving officers for a short time about his identity and having a previous record, the judge continued. The less serious circumstances include Duff entering a guilty plea, accepting responsibility for his actions, personal circumstances and Gladue factors.
“Probation, in so many ways, is an attempt to help a person,” Hendrickson added.
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