Nunavik justice officials question Gladue judgement
Justice officials are questioning the wisdom of the Gladue judgement after the wife of one convicted offender ended up with a fractured skull, broken ribs and a broken leg while her husband was serving a conditional sentence.
PUVIRNITUQ — Police, lawyers, and corrections officials in Nunavik are becoming increasingly critical of a recent Supreme Court of Canada judgement that’s intended to reduce the numbers of aboriginal people in Canada’s prisons.
The Gladue judgement said differences in culture, language and socio-economic opportunities can create “unique” circumstances for native people, and, in some cases, these may mean that alternative or shorter sentences are more appropriate than jail.
“But it’s a piece of toilet paper,” said a Quebec corrections official, who did not want to be named.
He points to the recent sentence of a Puvirnituq man as an example of flawed results of the Gladue judgement.
On May 19, Quebec judge Donald Bissonnette found Moses Quananack, 38, guilty of assault causing bodily harm — but Quananack did not have to serve any time in jail.
Instead, Bissonnette sentenced the repeat offender to a conditional sentence of one year, followed by two years on probation.
During his one year suspended sentence Quananack was allowed to remain in Puvirnituq on the condition that he keep the peace, not hurt or molest his victim, and consume no alcohol or drugs.
Wife badly injured
A week later, on May 27, police arrested Quananack following an incident that left his wife with a frontal skull fracture, broken ribs, a broken leg, bruises and cuts.
According to police, Quananack waited seven hours before bringing his badly injured wife to the Inuulitsivik Health Centre. Quananack told police that her injuries were due to an earlier accident on a 4 x 4, although police could find no dent on the vehicle consistent with such an accident.
Police took Quananack back into custody, and on June 9 a judge decided on a 45-day revocation of Quananack’s conditional sentence because he had consumed alcohol.
His injured wife refused to testify against her husband.
“We can’t lay new charges because we don’t have a witness,” said Quebec court prosecutor Pierre Desrosiers.
Local Kativik regional police constables are dismayed. They’re already seeing a dramatic increase in their workload this year.
In the first five months of 1999, they recorded 110 offenses, while there were only 152 during the entire twelve months of 1998.
“You see people who have done the same thing three or four times and they get a suspended or conditional sentence,” said one constable. “It’s not a deterrent. It’s not a help.”
Quananack will return shortly to Puvirnituq to complete the end of his conditional sentence.
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