Skip to content

Calling Lake man gets suspended sentence and conditional discharge

Evan Harley Cardinal, 33, plans on moving down to Edmonton to serve his house arrest with his two kids and his mother
ath-provincial-court-2023-copy

ATHABASCA – An area man took the first step towards a “hopeful” recovery after receiving a suspended sentence and a conditional discharge for two separate incidents.

In the Athabasca Court of Justice May 8, Evan Harley Cardinal, 33, received a suspended sentence that includes a year of probation after he pleaded guilty to assault, as well as a nine-month conditional sentence order (CSO), and a year-long driving prohibition following a guilty plea to flight from the police. The two sentences will run concurrently, and if the conditions are met he will not receive a criminal record.

Justice Robert Shaigec accepted the sentence, telling him,l “You need to use all the supports available to you and that were created for you in this sentence as well. You heard me say that it’s a lifelong journey earlier, and when you struggle with addiction, it really is a lifelong journey.”

A major focus for the sentencing was Cardinal’s struggle with crystal meth. The original CSO included an abstinence clause, which meant that Cardinal would go back to jail for however much time remained on the order if he was found to be using. Justice Shaigec expressed his concerns for the clause, which had been requested by Cardinal’s mother, saying that it was a condition that could set the man up for failure. Meanwhile, a typical sentence for flight from a police officer on a quad would be closer to three months, instead of nine, according to Justice Shaigec.
“I’m not sure how an abstinence clause, when it comes to someone that is addicted to crystal methamphetamine, is keeping with the directions from the Supreme Court of Canada with regards to imprisoning people for addiction and poverty,” said the Justice. “This is Step 1 and now it’s we’re going to go from 60 to zero, just because the judge said so. We all know how that works.”  

Crown prosecutor Nicole Parker told court that since Cardinal didn’t have a related criminal record aside from a prior conviction for resisting arrest, the proposed sentence was appropriate, given the conditions attached, and that they were fine with changing the abstinence clause to one requiring addictions counselling.

Cardinal’s defence lawyer, Andrew Zebak, told court that his client was single, but had two kids by way of a common law partner that had passed away in a motor vehicle accident. Both of his kids live with his mother, due to his “inability to cope with his parenting duties” and now reside in Edmonton. Cardinal has a Grade 9 education, although he has completed some firefighter training, as well as a few expired oil patch tickets, including first aid.

Cardinal, who was appearing via CCTV from the Edmonton Remand Centre, said a few brief words before his sentence was handed down.

“When I’m with my kids and my mom, I am not tempted by any means to do drugs. I’m perfectly fine to just stay there with my kids, that’s what makes me happy.”

The facts

Parker told court that on Aug. 6, 2022, Athabasca RCMP members received a 911 call from a woman saying that Evan Cardinal had attended her residence, where her and another woman were present. Cardinal was upset and struck one of the woman in the side of the side.

The caller had attempted to call 911 then, at which point Cardinal was said to have hit the phone out of her hand. He then pushed her in the chest, knocking her over before leaving. On his way out, he said that the women were “going to get it,” and that he would be back. The Crown did not allege any relationship between Cardinal and the women.

Then, on Aug. 7, 2022, Athabasca RCMP received a call for a stolen quad. While patrolling for that quad the next day, an officer noticed a quad on the side of the road and engaged his emergency lights. Bishop got within five yards of the quad, before he recognized Cardinal from prior dealings. Cardinal did not stop, and instead continued past Bishop, as well as two other RCMP officers that also had their lights on.

Cole Brennan, TownandCountryToday.com

push icon
Be the first to read breaking stories. Enable push notifications on your device. Disable anytime.
No thanks