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BARRHEAD - An Alberta Provincial Court justice said stakeholders in the justice centre need to come together to find better solutions for offenders like the one he sentenced last week.
On May 28, Justice Jordan Stuffco, accepting a joint Crown-defence submission, sentenced Rivas Alriguez Tuliao, 31, to 150 days in jail after he pleaded guilty to several charges, including two charges of theft under $5,000, resisting a peace officer, unlawful in a dwelling house (reduced from housebreaking with intent), an indecent act in public in the presence of one or more persons and four counts of breach of undertaking conditions. He also ordered Tuliao to give a DNA sample before he was released.
However, since Tuliao has served 11 days in custody, he will serve 133 days, with enhanced 1.5 credit for time served.
"[The asked sentence] is pretty light," Stuffco said. "It is all pretty scary. I am afraid we are looking at a ticking timebomb scenario. I fear, and I hope it is incorrect, but that something very serious could happen in the future, where there is a horrific situation, a dead person or child, in a small community and low and behold, it is Mr. Tuliao who did it. I am worried.”
The Crown also withdrew several charges, including theft under $5,000, shoplifting under $5,000, uttering threats and 12 counts of breaching various release orders and undertaking conditions.
The facts
Crown prosecutor said on June 16, 2023 a shirtless Tuliao was riding his bike through one of the playgrounds at Barrhead Elementary School when he got off the bike, walked closer to the school, and urinated.
"There were multiple school children from six to 12 nearby," he said.
The next incident occurred on Aug. 28, between midnight and 1 a.m.
Estephan said Tuliao and another woman, who a court order forbade him to have contact with, entered a Barrhead residence when he pushed open a basement window screen where a friend of his woman acquaintance was sleeping. The woman then woke her friend, and Tuliao and the woman fled the property.
Two days later, Estephan said, police responded to a report of the donation jar being stolen from the Barrhead and District Centennial Museum.
"Mr. Tuliao, shirtless, grabbed the donation jar off the counter containing $49," he said, adding police arrested Tuliao roughly 30 minutes later and returned the money.
Estephan said the next incident occurred on Christmas Day 2023 when Barrhead RCMP responded to reports of someone breaking into a motor vehicle theft.
He added that the resident in the home, the same woman who accompanied Tuliao on Aug. 28, saw him inside her truck.
Estephan said the woman then chased Tuliao away. At the time, he was subject to an undertaking not to be at the woman's home or have any contact or communication with her.
About two weeks later, Tuliao returned to the woman's home in an attempt to give her a ring.
Once again, Tuliao was subject to a "no-go order" and prohibited from contacting the woman.
Stuffco asked what Tuliao’s connection was to the woman.
Estephan replied that it was his understanding that they were previously in an intimate partner relationship.
The Crown said the next set of charges stemmed from incidents this spring. On April 2, police conducted a routine curfew check shortly after 10 p.m. as he was subject to an undertaking requiring him to be home from 10 p.m. to 7 a.m. daily.
Estephan said that later that night, police spotted Tuliao returning home while on patrol.
The officer then attempted to stop Tuliao in front of his residence, informing him that he was under arrest for the breach of condition.
"Tuliao resisted arrest by entering the front door and locking it behind him. The officer then applied for a warrant for his arrest," he said.
Then, on May 13, police responded to a stolen bike report.
Security camera footage showed a man with a dark complexion running away with the bike at about 11:52 p.m.
“RCMP had conducted several curfew checks on Tuliao and recognized him from the footage,” Estephan said, adding that three days later, police went to Tuiliao's home with an arrest warrant. "Tuliao was resistant and threatened to kill one of the members.".
Crown's position
Estephan said several factors came into play when deciding on an appropriate sentence, but first and foremost, it was the principle of proportionalities, fundamentals on the gravity of the offence and the degree of responsibility for the offender.
“These are a series of offences that individually may not be the most grave, but commutatively, they are certainly relatively serious,” he said. “We are dealing with no contact and no go breaches with a former intimate partner, and the unlawfully in a dwelling place is very serious.”
Estephan noted that the proposed sentence was a significant step up from his earlier convictions, saying Tuliao had a two-page criminal record.
“Mr. Tuliao is before the court with a somewhat related criminal record. There are two previous convictions for failing to comply, one of which he received a $500 fine, and one where he received one day in custody.”
Stuffco asked why the Crown wasn’t seeking probation afterwards due to the history of non-compliance.
“The Crown did contemplate probation," Estephan answered. "This is an individual who suffers from some mental health issues that could be targeted with terms of probation; the Crown is concerned that because compliance is an issue, I don’t want to set him up for failure. We see how much of the informations built up on Mr. Tuliao’s file is from non-compliance.”
He added he did not want to put the accused in a situation where he would likely fail.
The defence
Tuliao's lawyer, Richard Forbes, said his client suffers from mental health issues exacerbated by substance abuse.
He added that Tuliao has never worked full-time and is alone in Barrhead.
"He finds other people that are not doing much, and that often coincides with drug use," Forbes said.
He added that Tuilio was originally from the Philippines and came to Canada with his mother when he was very young.
"I have worked with him for the last couple of years. I know the family and the situation, and I am encouraging [the mother] to get him to a doctor," Forbes said. "But this is a situation where she is overwhelmed. She has a son with complex needs and doesn’t know how to get him the resources he needs. And the fact is, Mr. Tuliao’s criminal record and reputation closes some of those doors, even though some of those supports are in Barrhead.”
Forbes added this is a situation where a FACS (Forensic Assessment and Community Services) assessment would benefit all involved.
"Unfortunately, we don’t have the resources to order those anymore,” he said.
Stuffco agreed, saying Tuliao's blameworthiness is mitigated somewhat because of his mental health and addiction issues, adding he was a bit of a loss on how the court could best serve Tuliao.
"Eventually, all the justice system stakeholders will have to sit down and find ways to manage these individuals in small communities properly," he said. "But with my limited toolbox, I'm going to accept the joint submission; I’m not going to bounce it."
Barry Kerton, TownandCountryToday.com
