Barrhead man receives suspended sentence for texts

BARRHEAD - An Alberta Justice sentenced a local man to a suspended sentence for breaching a court order by sending abusive texts to the mother of his children.

On June 25, during a Barrhead Court of Justice session, justice Carrie-Ann Downey sentenced Joseph Tyler Wells to a 12-month suspended sentence with probation, accepting a joint submission from the Crown and defence after he pleaded guilty to disobeying a Court of Kings Bench order.

"This one is a tough one for me," she said. "It is a joint submission, and the Supreme Court of Canada tells me that unless a proposal [by the Crown and defence] is completely out of whack because it is too harsh or too low, I am to follow it, even if I disagree. And I disagree with this, but it is not completely out of line."

The facts

Crown prosecutor Brett Grierson said that on Jan. 2, 2023, Barrhead RCMP conducted a child welfare check.

"While members were at the home speaking to the complainants, one of them received multiple text messages from the accused," he said. "The messages called her a 'f#@*king loser, a meth head, a waste of skin."

At the time, Wells was subject to an active parenting order to use non-rude language and not use bad words to the complainant, the mother of his children."

Grierson said the Crown was seeking a 12-month conditional discharge, the conditions of which were keeping the peace, being of good behaviour, appearing in court as required, informing the court of any changes of status such as employment or living conditions, reporting to the probation officer as directed, attending any assessment, treatment, and counselling as directed by probation, specifically for anger management and parenting after separation.

The defence

Defence counsel Gary Smith said emotions were running high, and both parties had difficulties complying with the court order.

"[My client] regrets his actions," he said. "He has taken steps to move forward and is taking responsibility."

Smith said Wells has indicated since the incident he had undergone some parenting and anger management sessions and was willing to do more if so ordered.

Downey asked if Wells had a criminal record.

Grierson said yes, "Most recently, there was a criminal conviction for assault in 2017, which he received an 18-month suspended sentence with probation."

Downey stated that while she had reservations about accepting the joint submission, she believed that while it was on the lower end, it still met the Supreme Court of Canada's requirement of being a fit and proper sentence, as laid out in their Anthony-Cook decision, which adopted the public interest standard that justices must follow.

She said she disagreed with the submission because of Wells' criminal record, referring specifically to his assault conviction.

"And now you've breached a court order," Downey said. "It also sounds like there was potentially some involvement from the other side, but your name is on the court order. I will accede to this one not being against the public interest, but it is right on the line for me."

She also advised Wells to be very "careful and cautious" the next time he had to deal with co-parenting issues. 

"Emotions are high in these situations; you will be involved with this person until your children are grown," Downey said.

Barry Kerton, TownandCountryToday.com