SOMBA K'E/YELLOWKNIFE
A sentencing hearing for a Tulita man in NWT territorial court Feb. 19 has highlighted concerns about a lack of addictions services in the Sahtu.
Justice Christine Gagnon sentenced Denver Clement, 27, to four and a half months in jail after a series of violent incidents in the community between December and January. Clement's defence lawyer, Gary Wool, told the court his client has no memory of the incidents due to intoxication and a vacant addictions counsellor position in the community is one of a number of barriers to him getting help.
On Dec. 20 of last year, Clement was charged with assault with a weapon after he tried to choke his uncle with his own crutch inside a residence where they both lived.
He was also charged with uttering threats that night after vowing to kill his brother.
Crown prosecutor Kindra Lakusta told the court RCMP lodged him in cells overnight, but the very next day Clement returned to the home, kicked in the door and punched his brother in the face, causing bruising and swelling. Officers arrested him after a short foot chase and he was charged with assault and obstructing police for fleeing the scene.
Clement returned to the house three more times over the next two weeks, threatening his father and the RCMP.
"He told his brothers and two teenage daughters that he was going to put their father six feet underground," Lakusta told the court, requesting a six to eight month sentence for Clement due to his lengthy criminal record of at least 18 convictions, dating back to when he was a youth.
"Just because the accused was intoxicated and angry doesn't mean the family should become a punching bag," she said.
Wool told the court his client has no memory of committing these crimes but accepts responsibility and has pleaded guilty the charges.
According to his defence lawyer, Clement grew up in a violent home, where he witnessed trauma including a rape, until his grandmother eventually stepped in and took over his care and when he was about 12-years old.
"He didn't testify in court. He received no counselling. He has carried that memory with him," said Wool.
On top of these issues, Wool pointed out Tulita is not a dry community and each adult is allowed to possess three 12 oz. bottles of liquor and 24 bottles of beer every day.
"That's hardly a restriction," he told the court. "That's more than enough alcohol to become extremely intoxicated."
Wool went on to say it is his understanding there currently is no alcohol counsellor in Tulita.
"The position has been vacant for the past two to three months, and it is not clear when it will be filled," he said, noting there are only two probation officers in the entire Sahtu region and he has been told the office is operating with a skeleton staff.
Gagnon allowed Clement to address the court before sentencing, and he used opportunity to apologize to his family.
In sentencing Clement, Gagnon said she took into account his upbringing and the fact people describe him as polite and helpful when he is not drinking.
She also acknowledged the situation in the Sahtu makes it difficult for him to receive treatment for alcohol abuse.
Gagnon sentenced Clement to a year's probation once his four and a half-month jail sentence is completed.
"I have given anxious consideration about your other probation conditions," she said.
"But you simply can't be around your family if you have been drinking."
She did not ban Clement entirely from consuming alcohol, but she did ban him from possessing firearms for five years except for
when he is hunting.
