After 10 months in jail, Crystal Rayne McGillis will likely use her 12 months of probation to acquire support for her physical and mental health, which contributed to her criminal activities.
McGillis appeared in Moose Jaw Provincial Court on March 24 and pleaded guilty to several charges that occurred in Moose Jaw during the past two years.
The guilty pleas were for nine thefts under $5,000, four breaches of a court release order, breaking and entering, possessing stolen items under $5,000, two breaches of a curfew, breaching probation, and possessing a prohibited firearms-related item (bullet).
After listening to submissions, Judge Brian Hendrickson sentenced McGillis to 10 months — 300 days — in jail, followed by 12 months of probation with several conditions. However, since she had spent 66 days on remand, she was given credit for 99 days, which means she will serve 201 days behind bars.
Crown prosecutor Stephen Yusuff reviewed McGillis’s offences that she committed from January 2020 to January 2022.
Some offences included breaking into an apartment building and stealing from a tenant; stealing items from an unlocked vehicle; stealing property from 7-11; failing to report to her probation officer; stealing items from a health-care centre; taking property from Rexall Drugs; stealing items from Browns Social House; pilfering property from a vape shop; and taking items from employees at Temple Gardens Mineral Spa.
Neither the Crown nor defence agreed on a suitable sentence length, said Yusuff. Therefore, the Crown proposed that McGillis be sentenced to 18 months in jail minus the time she had already served.
Mental health and addiction issues are the main causes of these offences, while McGillis’ background as an Aboriginal woman is also a factor, said Legal Aid lawyer Suzanne Jeanson. These issues — referred to as Gladue factors — are directly connected and affect the sentencing McGillis should receive.
In the justice system, judges must consider the people’s individual circumstances to determine a fit and fair sentence. Gladue principles help judges consider the unique circumstances or experiences of First Nations peoples.
Jeanson provided several examples of McGillis’ difficult upbringing while living on reserve and in Moose Jaw, including being treated poorly in a racist manner.
McGillis started using drugs at age 13 and was homeless by age 15, the Legal Aid lawyer continued. That substance use has had a significant effect on her; however, she has accessed help via counsellors, detox programs and mental health supports.
McGillis was badly injured in a car crash in July 2020 in Fort Qu’Appelle, which required five surgeries and rods inserted into her back, Jeanson remarked. She needed physiotherapy to learn to walk again, while doctors gave her medication to dull the pain. She maintained sobriety for several months while recovering.
The woman had the chance to pursue drug court in Moose Jaw and moved back to the community, only to learn she was ineligible because of her pain medication, said Jeanson. This sent her into a spiral since she had no access to physio, had no family support and never found a stable home.
She has not acquired physio or other support since being arrested on Jan. 24, the lawyer continued. She has been kept in lockup for 23.5 hours a day, giving her 30 minutes to shower or phone family. This has also affected her mental health.
Once she’s released from jail, McGillis plans to live at the YWCA in Regina, work with a counsellor, enter drug treatment and seek physical help, Jeanson added.
“I’m really sorry for everything I’ve done in Moose Jaw and to Moose Jaw,” McGillis said when the judge asked her for a comment.
