ATHABASCA — A Saddle Lake-area woman will remain behind bars for more than a year after charges stemming from two 2022 incidents in Calling Lake landed her in handcuffs.
In Athabasca Court of Justice March 25, Antoinette Helen Dorothy Beaver, 34, pleaded guilty to one count of shop breaking with intent, one count of obstructing a peace officer, and two separate counts of failure to attend as part of a joint submission between defence counsel Andrew Zebak and Crown prosecutor Matthew Kerr. Three additional counts of failure to attend with withdrawn as part of the plea.
Justice Gregory Rice accepted the joint submission, noting Beaver’s moral culpability and the gravity of the offence as significant factors in the sentence. “I see a person that’s had a very tough go of things,” said Rice.
“I’m told she’s on AISH (Assured Income for the Severely Handicapped), I’m told that she has some cognitive deficits; she’s had homelessness, her family and her parents had an abusive house with alcoholism. They also went through the residential school and are survivors,” he added.
Beaver was sentenced to 455 days in jail, minus 56 days of enhanced credit for time served, leaving a total of 399 days to be served. The $500 victim surcharge was waived due to her inability to pay, and a lifetime prohibition on firearms was ordered.
Kerr highlighted a criminal record containing 69 convictions over a period of 15 years, with two break and enters, five obstructs, and 13 failure to attend convictions, for which Beaver has served jail time previously. Along with her record, breaking into a dwelling, albeit unoccupied, was listed as an aggravating factor.
“(Her) criminal record and administrative charges demonstrate a lack of regard for authority, be it the court or the police,” said Kerr.
The Crown also spoke to her mitigating factors: “She’s taking responsibility, she’s expressing remorse,” said Kerr. “She’s got some family and some Gladue factors we’ve taken into consideration.”
“This is a First Nations individual, a demographic which is over-represented in the jail system and on the remand population. Accordingly, restraint should also be considered,” he added.
Defence lawyer Zebak made several submissions on Beaver’s behalf, speaking to Gladue factors without a formal report. “She tells me her parents have passed away — her father died of alcoholism; her mother, cancer.”
“It’s been reported to me that she has an addiction with methamphetamines and fentanyl, which is indicative of the severity of her addictions. Typically, fentanyl addicts progress a long, long ways before turning to that drug.”
Zebak described Beaver’s childhood as traumatic, noting she had spent periods of her youth in foster care and had witnessed family violence growing up.
Obstruction
Kerr told court on the evening of Sept. 18, 2022, officers responded to reports of a family dispute involving an assault with a golf club and a man wielding a knife in Calling Lake. Beaver approached the investigating officers from the roadway and tried to gain access to the residence, pushing past officers attempting to stop her.
When asked for her identifying information, Beaver gave Const. Kyle Hotchkiss her sister’s credentials, hoping to avoid arrest on outstanding warrants.
Shop breaking with intent
The court heard on Oct. 27, 2022, Beaver cut herself while breaking into and entering an unoccupied home in Calling Lake, where she proceeded destroy and steal items and eat food stored at the residence.
Officers responding to reports of the incident collected samples of the blood left on the broken windowsill, floor, and paper towel in the home, and statements from neighbours identified Beaver as in the area at the time. After executing a DNA warrant, the blood was confirmed as belonging to Beaver in June 2023.
Failure to attends
On Oct. 24, 2022, and again on Oct. 23, 2023, Beaver failed to attend court dates for her obstruction charge and had no lawful excuse.
