ATHABASCA — A 29-year-old local man will have to refrain from contact with his mother for six months after receiving a sentence of time served and probation for two guilty pleas.
In Athabasca Court of Justice Nov. 7, Isaac Bigstone, 29, pleaded guilty to one count of stealing a debit card, and one count of failure to comply with release order conditions. Bigstone’s defence lawyer, Denise Lightning, entered the pleas on behalf of her client, who appeared via CCTV from the Edmonton Remand Centre.
Putnam accepted the guilty pleas, along with Crown prosecutor Robynne Thompson’s recommended sentence of two days for failing to comply with release conditions, with credit for time served. Putnam reduced the Crown’s ask of 12 months probation for the stolen debit card to 6 months, as well as giving Bigstone an option for restitution rather than required restitution.
“There needs to be an acknowledgement that there’s a lack of supports, and that affects many individuals in this area, but also specifically in this case, Mr. Bigstone,” said Putnam. He added the reduction of the probation sentence is intended to “assist Mr. Bigstone as he transitions back, as he doesn’t have a place to live at this point in time.”
Probation conditions for Bigstone include reporting to probation within five days of release, no contact with his mother, and not possessing any identity documents not belonging to his person.
Putnam also gave Bigstone the option for restitution, rather than slating repayment as mandatory. “I don’t want to put that on you right now, given that you’re already going to be on probation, and you’re going to have to be dealing with some of these things in the imminent, and that’s more of a priority right now.”
Thompson shared relevant details of Bigstone’s criminal record, which includes charges of failing to comply with recognizance, and possession of property under $5,000. “His adult record spans from 2012 to 2017, so there is a gap from 2017 until today’s date,” added Thompson.
The short timeframe in which the offences occurred was an aggravating factor for the Crown. Thompson acknowledged Bigstone’s history with substance misuse and sought counselling in addition to probation.
“Rehabilitation is a paramount sentencing objective here,” said Thompson. “The hope being that through these rehabilitative efforts, that can address the crux, or underlying issues that are leading to this type of offending.”
The Crown also acknowledged Bigstone’s willingness to co-operate. “Guilty pleas are always mitigating, particularly within weeks of these offences, so that guilty plea cannot be understated,” said Thompson.
No Gladue report was presented, but Lightning did share background with the court. “Mr. Bigstone is 29 years old, and he was born and raised in Wabasca, so he’s Indigenous. He was raised by his mom, who was a single mom,” said Lightning.
“He advised me that he has a Grade 10 education, but he had aspirations of going back to school. He wants to get his tickets in a trade, hopefully.” Lighting acknowledged drugs and alcohol, as well as a lack of supports, have created problems for her client. “His mom is his primary support, and was, but certainly this has had an effect on the relationship, there’s no doubt.”
Lightning said she spoke with Bigstone Cree Nation about support for furthering her client’s education but noted the importance of further assistance from the community. “Lack of programs is somewhat of a problem. There’s only one shelter here that opened (Nov. 1), and this a man who’s going to need some supports.”
“Mr. Bigstone, there are people that actually do really care about you, and those people have your best interest at heart,” said Putnam. “I just need to make sure you know that you have those supports, and that you take the steps necessary to make sure you’re engaging with those supports.”
The facts
Thompson told court on Oct 27, 2023, police received a call from Bigstone’s mother, who notified them her son had stolen her debit card from her residence. Bank statements showed $747.21 had been withdrawn and spent at stores in Athabasca from the account within a few hours of the alleged card theft. Bigstone was arrested Oct. 28, and released from custody with conditions not to attend his mother’s residence or have contact with her.
Thompson also told court on Oct. 28, 2023, Bigstone was arrested for failing to comply with the conditions to not contact or attend his mother’s residence. On Oct. 30, Bigstone attended his mother’s residence again despite his conditions. A witness provided a statement detailing that Bigstone walked to the front door of the residence and was knocking, while his mother was inside the residence.
