Indigenous woman’s criminal history typical for someone with such a scarred past

By Jeremy Appel on November 2, 2018.

jappel@medicinehatnews.com @MHNJeremyAppel

A woman who pled guilty at Medicine Hat Provincial Court to possessing cocaine and methamphetamine while out on bail for meth trafficking was sentenced to 15 months in jail.

Bambi Dreaver, 37, appeared Thursday via closed-circuit TV from the Calgary Remand Centre.

The Crown requested a sentence of two years, while defence lawyer Bradley Bellmore asked for 12-15 months with two years probation, based on the pre-sentencing and Gladue reports prepared for the court.

A Gladue report is written specifically for Indigenous offenders, outlining various factors — such as abuse, addiction and racism — that led them to criminal behaviour.

As Bellmore observed, although 39 per cent of prisoners in Alberta are Indigenous, they comprise only six per cent of the population.

“This certainly doesn’t mean it’s a get-out-of-jail-free card,” he stressed. “The sentence must be individualized.”

Bellmore said the vast majority of Dreaver’s crimes are property offences, which he connected to her impoverishment.

She was placed into foster care at nine years old, and began using drugs and alcohol when she was 12.

Her addiction issues were only exacerbated when Dreaver was in foster care, where she was abused and engaged in self-harm.

Bellmore said her foster father was unhelpful when he was attempting to find surety to pay Dreaver’s bail, referring disparagingly to “those native kids.”

Dreaver’s biological mother died when she was in custody and she was unable to attend the funeral, he said.

“She has suffered substantial losses in her life,” Bellmore observed. “If we had a Gladue chart, Ms. Dreaver would have all the boxes checked off.”

Dreaver was unable to get into drug treatment court because the nearest one — in Calgary — is currently only accepting locals.

“I’d just like the courts to consider this as a mitigating factor,” Bellmore added

Judge Dietrich Brand said although he’s sympathetic to Dreaver’s plight, he opted for the higher sentencing range suggested by Bellmore — in addition to three years probation, rather than the two he requested — as a means of deterrence.

“It is a very sad situation,” said Brand. “It doesn’t take away the need to send you a message.”

It was a relatively minor drug offence, but it occurred more than once, even after Dreaver was caught.

“It was a low-level involvement, but it wasn’t just once,” Brand said. “It wasn’t very sophisticated. One could argue you were used by people more sophisticated and powerful.”

According to the agreed statement of facts, an undercover police officer arranged to purchase meth on Feb. 1, providing Dreaver with $300.

Upon her arrest, a search uncovered 7.6 grams of meth and a scale hidden in her bra.

On Feb. 5, Dreaver entered into a $1,500 recognizance.

Between February and April, police received information about a suspected drug house on Elm Street.

While surveilling the house, police saw Dreaver having a drink there — a violation of her bail conditions.

They found meth and cocaine on her after pulling over the car she was a passenger in on its way out.

The court will provide Dreaver’s probation officer with the pre-sentencing and Gladue reports, as well as ordering her into treatment and counselling.

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