ATHABASCA — A frequent flyer with the local justice system has sparked ongoing conversations around alternative supports for offenders with reduced cognitive capabilities after another breach of probation order landed him behind bars.
In Athabasca Court of Justice March 25, Terrance Joseph Chalifoux, 28, pleaded guilty to one count of failure to comply with probation orders to abstain from alcohol as part of a joint submission between defence counsel Denise Lightning and Crown prosecutor Matthew Kerr.
Two additional counts of failure to comply with probation orders and a single count of mischief causing damage under $5,000 were withdrawn as part of the submission.
Justice Gregory Rice accepted the joint submission and waived the $100 victim-fine surcharge when handing down sentencing. Rice said the Crown’s position on sentencing was reasonable based on Chalifoux’s criminal record but highlighted a need for more a nuanced approach.
“When I look at moral culpability, it’s so low,” said Rice. Chalifoux was sentenced to one day in custody, which was satisfied by his court appearance via CCTV from the Edmonton Remand Centre.
Alternative options
The Crown asked for 30 days in custody based on recent previous convictions for relevant offences.
“It’s a pretty extensive criminal record,” said Kerr. He told court that he, along with Rice and then-defence lawyer David Keyes, had seen Chalifoux enter a joint submission plea before Christmas. “Mr. Chalifoux has pretty severe FASD (Fetal Alcohol Spectrum Disorder), we adjusted conditions.”
“We’re sort of in a similar situation, we’re not really sure what to do with Mr. Chalifoux,” added Kerr. “We’re hoping this period in custody will assist with him moving in the proper direction with his probation order, and hopefully — knock on wood — we won’t see him again.”
Chalifoux waived his right to adjourn for the completion of a Gladue report, but Lightning did share relevant details about her client’s backstory and cognitive capabilities.
Born in Lac La Biche and raised on Bigstone Cree Nation, Lightning said Chalifoux spent much of his childhood either in foster care or a group home.
“He still remains with his former foster parent and is living there,” said Lightning. She listed ADHD, ADD, and paranoid schizophrenia as additional diagnoses affecting Chalifoux.
She cited low moral culpability, an early guilty plea, and Chalifoux’s Gladue factors as mitigating factors when it came to a custodial sentence. Lightning added while, in her opinion, Gladue factors shouldn’t automatically equate to no jail time, a different option for Chalifoux was needed.
“Ideally, the way I see Gladue working, is we look for alternatives to jail, especially in cases where jail with FASD and that sort of thing isn’t necessarily effective. However, I know in this area we don’t have options,” she said.
Lightning noted while jail time has provided helpful structure for Chalifoux, allowing him to get back on his medication, she said more time behind bars would be harmful to her client.
“To try to do anything further would almost penalize him for being Indigenous, and that wasn’t the intention either,” she said.
Rice agreed conventional strategies hadn’t been working for Chalifoux.
“What are the chances of him not being back in front of this court, with bail ordered denied, in front of me in four months’ time?” said Rice. “The breach is an abstention, so that tells me that if he can’t abstain, the next time he’s seen by the police — I hate to say it — but it’s likely he might be under the influence of something.”
Lightning said her client did agree to obey his previous probation order with the support of family and friends in Slave Lake.
“He does understand how important it is, for his own well-being, to keep his meds up, and he says he can abstain from alcohol so with those continued supports, hopefully the probation order will be completed,” said Lightning.
Kerr told court on the afternoon of March 6, 2024, RCMP officers received a disturbance call outside of Athabasca. Upon arrival, officers found and arrested an intoxicated Chalifoux, who was under probation order to abstain from alcohol.
