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Prove it, says judge

Adam Johnson
Northern News Services
Published Friday, August 10, 2007

YELLOWKNIFE - Words weren't enough for a woman charged with stabbing her common-law spouse in the face - a Yellowknife judge has demanded proof she is turning her life around.

During a July 31 territorial court hearing, Chief judge Brian Bruser held off sentencing a 36-year-old woman until October, when she could prove she was attending Aurora College and taking steps to curb her temper - the things she claimed she would do after pleading guilty.

"I wouldn't even hazard a guess at the number of people that have come before this court and said they had plans to go to school, plans for treatment..." Bruser said before giving his decision.

He said the court is often "disturbed to learn that these so-called plans came to nothing."

The Yellowknife resident changed her plea to guilty late in the trial, admitting she stabbed her then-common-law spouse in the face with a steak knife during a drunken domestic dispute in Fort Simpson last year.

A second charge of assault was withdrawn by the Crown.

Bruser acknowledged the attack caused only minor injuries, and that the assailant had no prior record, but said the incident indicated deeper problems.

"She has had significant problems with her temper," he said, citing court testimony.

Before the adjournment, Crown counsel John MacFarlane recommended a 12-month conditional sentence - followed by 12 months of probation - as well as counselling and a firearms prohibition.

"This amounts to house arrest for those 12 months," he said.

While MacFarlane said the Crown acknowledged her record and lack of problems since her arrest, he had some reservations.

"It doesn't look like she's taking any real steps to deal with these issues," he said.

Defense counsel Pat Cashman argued that the woman has attempted to move past the assault by signing up for classes at Aurora College, moving to Yellowknife and abstaining from drugs or alcohol.

"This shows (she) has a plan in mind," he said.

Cashman said that over the course of the trial he observed a "substantial and appreciable change in her attitude towards the future."

However, this wasn't enough to sway Bruser.

"I do not believe a conditional sentence should be imposed where she would pose a danger to the community," he said.

"The proof of the pudding is in the eating."

The woman chose not to make a statement during the hearing.

She is scheduled to return to court Oct. 9 for sentencing.