Kevin Wilson
Northern News Services

Yellowknife (Apr 12/02) - Northern News Services Lena Cleary will not serve any jail time on her theft and fraud charges.

However, the former Yellowknives Dene First Nation housing manager will spend two years less a day under house arrest in Dettah and make restitution of $53,457.

"It is now my difficult duty to impose a sentence," said Territorial Supreme Court Justice Virginia Schuler shortly after the session began Wednesday morning.

A jury convicted Cleary of fraud and theft charges Feb. 19. The charges stemmed from her tenure as manager of the Done Naawo Society from 1990 to 1996.

The society managed 56 public housing units in Dettah and Ndilo before public housing in the communities was taken over directly by the Yellowknives Dene First Nation.

In imposing sentence, Schuler cited a section of the Criminal Code which requires courts to consider, "all available sanctions other than imprisonment that are reasonable...with particular attention to the circumstances of aboriginal offenders."

She added that being, "confined to her house for substantial period of time carries a punitive aspect."

Cleary will be required to remain indoors at her home 24 hours a day except to perform her community service, go to a job, obtain emergency medical attention for herself or her immediate family. She will also be permitted to leave home once a week for up to four hours, to obtain groceries, "and other necessaries.

She is required to perform 200 hours of community service within 18 months.

"If you breach any of the conditions I've just listed, you may be brought back before this court," Schuler warned.

Cleary, dressed in a red and black jacket, leaned against defence lawyer Hugh Latimer after the sentence was read out.

Surrounded by supporters, a jubilant-looking Cleary ignored reporters questions.

Asked if his client had any comment, Latimer replied that she, "feels the judge was very compassionate."

Crown Attorney Ari Slatkoff declined to comment on the sentence, save to say he was, "not particularly" surprised by it.

Making restitution

Justice Virginia Schuler ordered Lena Cleary to pay restitution of $53,457. A breakdown of how she came to that number.

• $20,208 for cash skimmed from rent payments.
• $10,200 for building supplies fraudulently billed to the local housing office and used for personal home improvements.
• $850 for overpayments on her vehicle allowance.
• $6,751 for gas fill-ups for herself, her husband and other individuals.
• $5,760 for vehicle repairs fraudulently billed to housing office.
• $2,746 for vehicle rentals on days Cleary wasn't working.
• $5,817 in illegally obtained vacation travel allowances.
• $1,125 for fraudulently claiming a housing allowance.