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BARRHEAD - A former Barrhead resident, now living in Whitecourt, who was squatting in the unoccupied residence of a family member, will not have a criminal record after 18 months if he completes his sentence.
Edward Frank Glenn Smithson pleaded guilty to a lesser charge of unlawful in-dwelling-house. Initially, the Crown charged Smithson with housebreaking with intent. The accused maintained his not-guilty plea for the charge of housebreaking with intent.
As part of his sentence, which included a maximum of 18 months of probation (the extent to which a probation officer will determine), Smithson must complete 40 hours of community service by Nov. 29, 2024, and attend four Alberta Health Services information sessions.
Justice Jordan Stuffco handed down the sentence that also included waiving the victim impact surcharge in Barrhead Court of Justice on Feb. 27 as part of a joint submission.
"There are a lot of problems around here," he said, referring to the number of break-and-enters he saw on the docket. "Do you know what happens if you get the wrong farmer or rural guy? Guess what happens? A gunshot."
Crown prosecutor Anthony Estephan said on Sept. 9, 2023, Smithson broke into a vacant residential home in the Town of Barrhead, adding the property representative found him lying on the Chesterfield.
"Smithson had been a tenant at the property but had been evicted a few months earlier and was not welcome at the residence, nor did he have permission to be there," he said, adding the accused entered the residence through an open window.
Estephan said there were no aggravating factors, noting Smithson doesn't have a criminal record.
The Crown recommended an 18-month suspended sentence with 18 months of probation.
Probation conditions include being of good behaviour, appearing in court when required, notifying his probation officer of any changes in living conditions and employment, and attending any assessments, counselling or treatment sessions for alcohol and drug abuse as directed by the probation officer. The probation order also includes a no-contact order with the property owner.
"Ultimately, the gravity of this offence isn't particularly high, as no one was living in the residence, and it wasn't a random home where he took the opportunity to go inside," Estephan said. "It was one that he previously resided in and went in through an open window, causing no damage and, more importantly, was unoccupied."
Although he said the gravity of the crime might not be high, it was still serious as he lived in the home for some time without the property owner's knowledge, and the residence was not in the same condition it had been in.
Later in the proceeding, Smith noted the property belonged to a relative of his client, and it had been vacant for several weeks.
Estephan added there were also mitigating factors, the first and foremost being that Smithson was homeless at the time, saying that goes a long way in explaining why he committed the offence.
And while Estephan did not characterize the plea as early, as it was scheduled to go to trial that day, noting the Crown was prepared to go forward with it still showed that Smithson was taking responsibility for his actions.
"In this case, the Crown believes a rehabilitative sentence is appropriate. It also helps address denunciation and deterrence, and for public confidence, it should be reflected in a criminal record," he said, adding that unlawfully squatting in residences is a growing problem in Barrhead.
Duty counsel Gary Smith agreed with the Crown but suggested a conditional sentence in which the conviction would ultimately be expunged from Smithson's record, calling his client an outstanding community member of society who had "fallen off the rails".
"It was out of desperation that he went into the house," he said.
Smith added his client has been steadily employed, until relatively recently, for over a decade, in energy and construction and even a year as a loan officer at a local bank.
"Since COVID, it's been tough," he said, adding Smithson was 45 years old with a Grade 10 education and has made several attempts to upgrade his education.
Stuffco asked Smith and Smithson how his situation had deteriorated to such a point, specifically asking if there were addiction issues in play.
Smithson replied no while admitting in his younger years, he "partied like a rock star"; in his later years, he only smoked marijuana, something he has done since he was a teen.
"And I haven't been able to touch that in a few weeks," he said.
Smithson said part of his issue was that he was looking for a career that suited him, saying he was tired of working in the energy and construction industry.
"I had been doing this stuff for 25 years, and I felt it wasn't where I was supposed to be, and getting another job was just me getting into another career that I wasn't going to enjoy," he said, adding his passion for music and that he wants to get into the industry eventually. "It is just tough to do here, and that is where my wall hit."
Stuffco said he understood, but sometimes, a person needs to do what they must.
"I was in a band for many years. We travelled all over North America, went to South by South West, and were on Much Music for a while, but guess what, where I am now? The dream did not work out." he said. "You have been a good member of society, and I understand you are unhappy with how things have worked out, but you can do this and find your way."
