ATHABASCA – A Wabasca resident who breached a three-month conditional sentence order must serve the remaining 14 days in jail and stay away from the Grand Union Hotel in Athabasca for the next 12 months after deliberately breaking a window at the business.
In Athabasca Court of Justice April 24, Steven Earl Bigstone, 57, pleaded guilty to two counts of breaching a conditional sentence order, mischief causing damage under $5,000 and failing to comply with the conditions of an undertaking. The remaining charges, which included two counts of failing to attend court, failing to comply with release order conditions, four counts of trespassing on premises, failing to comply with the conditions of an undertaking and several additional counts of failing to comply with a conditional sentence order were withdrawn.
Justice Jordan Stuffco sentenced Bigstone to serve the remaining 14 days of his conditional sentence order in jail. Because of the nature of this offence, any time he had spent in jail prior to his guilty plea on April 24 did not count towards this sentence.
On the mischief charge, Justice Stuffco handed Bigstone a suspended sentence with 12 months of probation, during which time he must keep the peace and be of good behaviour, report to court when required, stay away from the Grand Union Hotel in Athabasca and have no contact with its owner.
Finally, on the failing to comply charge, he was sentenced to one day in jail, to be served by virtue of his appearance in court that day, while the victim-fine surcharge was also waived.
Crown prosecutor Nicole Parker said that on Oct. 24, 2022, Bigstone was sentenced to a three-month conditional sentence order, followed by 15 months of probation. One of the conditions of that order was to report to probation within two days, but by Oct. 31, 2022, he had not reported in and probation was unable to reach him, she said.
Then, on Nov. 24, 2022, RCMP in Wabasca received a report just after 10 p.m. of a suspicious individual. Upon investigating the report, they found Bigstone outside of his residence, which was in breach of his curfew.
The mischief arose from an incident on March 11, 2023, when Athabasca RCMP received a call for service from the owner of the Grand Union Hotel.
The complainant reported that Bigstone had just left the business after becoming enraged and smashing an exterior window. He further informed police that Bigstone had become angry after being refused entrance to the bar, which was closed.
Parker said the RCMP located Bigstone on the steps of a nearby homeless shelter shortly after responding to the call.
On March 12, Bigstone was released on an undertaking with conditions not to attend the Grand Union Hotel or to have contact with the owner.
The RCMP then received a report that Bigstone was outside of the hotel, “attempting to gain access by hitting a door,” she said.
When police attended, they found Bigstone still attempting to gain access through a side door. After conferring with the owner, they learned Bigstone had entered the bar previously, but was told to leave, so he swore at the owner and exited.
The Crown’s recommendation for sentencing was in line with the judge’s ruling. Parker noted that Bigstone does have a criminal record but it was “largely unremarkable.” However, this would be the first time he would have to serve any time in jail.
Defence lawyer Andrew Zebak noted that Bigstone was of Métis descent and could technically apply for membership with the Bigstone Cree Nation. That said, he was waiving his right to a Gladue Report.
Zebak said Bigstone has a history of alcohol abuse, which he continues to struggle with today despite attending various forms of treatment over the past several years.
“If you look at the criminal record, you can see … every few years, something comes up,” Zebak said. “It’s unfortunate.”
