ATHABASCA — A Lac La Biche man won’t spend more time behind bars after choking his common-law partner and assaulting his young son in late 2023.
In Athabasca Court of Justice Feb. 12, Alfred Nelson Crookedneck pleaded guilty to one count of assault by choking, and one count of assault as part of a joint submission between Crown prosecutor Matthew Kerr and defence counsel Methal Fayad.
Justice Vaughn Myers accepted the joint submission and waived the victim-fine surcharge due to time Crookedneck spent in custody.
“I’ve considered all of the circumstances surrounding this offence,” said Myers, listing factors from violence against a partner and child, and related criminal record. “I’ve also considered the systemic discrimination your people have faced throughout Canada’s history.”
The joint submission saw Crookedneck sentenced to 103 days and 24 months of probation. Crookedneck was in a time-served situation, after spending 155 days in custody calculated at a one to one and a half rate.
A 10-year prohibition on restricted or prohibited weapons, firearms, crossbows, explosives and ammunition was issued. An amendment to the probation conditions would allow Crookedneck to see his son in the next two years if ordered by family court.
Kerr submitted Crookedneck’s criminal history, which includes 52 convictions over 25 years, but did highlight large gaps from 1994 to 1999, 2016 to 2019, and 2019 to present.
“He does have nine convictions for violence, but he’s received (conditional sentence orders) on his last related convictions,” said Kerr. He summarized the aggravating factors as Crookedneck’s criminal record, the domestic violence charge, an Indigenous female victim, a child victim, and abuse of a position of trust as it relates to the victim.
Crookedneck’s guilty pleas, as well as expressions of remorse and responsibility, were listed as mitigating factors. Although Crookedneck waived his right to a Gladue report, Kerr said his background was taken into consideration.
“This sentencing engages multiple goals: on the one hand, domestic violence choking assaults are very serious, as are assaults against children,” said Kerr. “Denunciation and deterrence is extremely important.”
“Balanced against this, Mr. Crookedneck is of First Nations background. This offense, and I would suspect based on the gaps in his records, is informed by an addictions issue.” Kerr said the over-representation of incarcerated Indigenous peoples was also considered in sentencing goals.
While his lawyer refrained from further submissions, Crookedneck expressed regret and apologized to both his son and former partner while appearing in court via CCTV from the Edmonton Remand Centre.
“I do feel really bad, I wish this could have been different,” said Crookedneck. “I do want to take proper treatment for things like this, so that it doesn’t happen again, and I do want to take the appropriate steps toward that when I get out.”
The facts
Kerr told court on Nov. 1, 2023, Crookedneck and his then-partner were drinking alcohol at a residence in Lac La Biche when a verbal argument broke out. Crookedneck grabbed his partner at the time by the arm and then the neck, proceeding to choke her with his elbow on her chest and neck.
After breaking free, the woman was able to call 911 from a neighbours phone and responding officers made note of small red marks on her chest and arm. Crookedneck was located by officers hiding nearby several hours later and taken into custody.
In regard to the assault conviction, Kerr told court on October 30, 2023, Crookedneck pushed his adolescent son to the ground and kicked him while at a residence in Lac La Biche, leaving a small bruise on his son’s back.
