Judicial system’s failing of aboriginals scolded during sentencing of young man

By Peggy Revell on September 1, 2017.

A judge chastised a lack of resources put toward addressing aboriginal over-representation in Canadian jails, as he sentenced of a young man Thursday at the Medicine Hat Courthouse.

“Aboriginal people will continue to come before the court and be sentenced in higher numbers, and those numbers will continue to grow, simply because while we speak about this being a disgrace — it is a disgrace — we don’t put the resources into the problems that are required,” said Judge Gordon Krinke.

The judge’s comments came while sentencing a 20-year-old man involved in an Aug. 9, 2015 incident, where multiple people broke into a Medicine Hat residence, assaulted a man with blunt objects, then fled the scene.

Riley Bellhumer made what was considered by the Crown an early guilty plea in June 2016 to housebreak while disguised, and assault causing bodily harm. He has no criminal record. Two of his co-accused were sentenced to 47 and 42 months respectively.

A presentencing and Gladue report were ordered, with Bellhumer originally to be sentenced in July.

A Gladue report is similar to a pre-sentencing report, but is specifically for people of aboriginal background and looks at systemic factors that have affected their lives.

Twenty-five per cent of federal inmates in Canada were aboriginal, while 35 per cent of female inmates were aboriginal, as of Jan. 2016 correctional services report, cited Krinke. In Edmonton, 47 per cent of federal inmates are aboriginal, and 55 per cent of female inmates are aboriginal.

The number of inmates in Canada has grown by 10 per cent from 2005 to 2015, said Krinke, with a 50 per cent increase in the aboriginal prison population.

Aboriginal people represent 4.3 per cent of Canada’s population.

Crown requested a jail sentence of four to five years for Bellhumer, while defence requested two, plus three years probation.

Gladue isn’t just a reason to simply reduce a sentence, but for the court to address the disproportionate number of aboriginal people within the prison system while still sanctioning the offender, said Krinke at the July court date, instructing defence counsel to research more sentencing options.

Bellhumer’s Gladue report outlines how he lived in an abusive household for his early life, then a low-income impoverished single-parent household. He attended 14 schools through his life, and his family members had attended residential schools. Bellhumer began abusing alcohol as a young teen, and this turned into substance abuse. At the time of the offence, he was using meth and cocaine.

On Thursday, the court heard that numerous treatment centre options were investigated by defence, but programming runs for 40-90 day periods, with no “real” programming follow-ups afterward.

Private programs are “extremely expensive,” costing an estimated $250 a day, said defence counsel Stewart Kennedy.

“If he had the resources to do that, he could be put in immediately, but otherwise it would be a lengthy waitlist.”

There is suitable program for Bellhumer at two healing lodges, which are a part of the federal penitentiary system, and work in conjunction with First Nation communities. But while a judge can recommend a prisoner serve there, placement isn’t guaranteed.

“I’m very eager to have him get into that centre,” said Krinke, pointing to the conundrum of a lengthier federal sentence being needed to access the better programming.

Krinke sentenced Bellhumer to three years, minus five months credit, with the recommendation he serve this time at one of the healing lodges.

Share this story: