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Daughter assaults elderly mother, sentenced to one day in jail

Emily Ridlington
Northern News Services
Published Monday, March 14, 2011

IQALUIT - A judge handed down a one-day jail sentence to a 46-year-old woman who assaulted her then 78-year-old mother and said he hopes this will show that the courts take the abuse of elders seriously.

"What you did to your mother is inexcusable and extremely dangerous," said Justice Robert Kilpatrick in the Nunavut Court of Justice in Iqaluit on March 10.

On July 3, 2010, the RCMP arrested the 46-year-old woman at her mother's after getting a call from the elder saying her daughter was abusing her.

Crown prosecutor Amy Porteous described a scene where the daughter was at the elder's house and was drunk and was asking for money.

When the elder declined, the daughter struck her, causing the elder to hit her head on the refrigerator, fall to the floor and then black out.

Porteous said the elder was hit again with an object.

The daughter was charged with assault.

The Crown asked for a 90-day jail sentence that could be served intermittently if the daughter was working.

Defence lawyer Norm Boose asked the court for a discharge.

He said his client was extremely intoxicated at the time of the altercation. He went on to describe how his client has had to deal with several unfortunate things in the last several years including the death of her common-law partner due to cancer and an abuse case.

The daughter said she was sorry to the court and that she and her mother have a close and healthy relationship when she is not intoxicated.

Before delivering his sentence, Kilpatrick took the opportunity to state the gravity of the issue and how common elder abuse in becoming in Nunavut.

"This is the second such case in two days," he said.

Kilpatrick emphasized to the accused how, especially in Inuit culture, elders should be respected and that needs to be "reinforced in order to protect social values."

"Imagine how you would feel if something you had done had caused your mother's death," he said.

Also taking into account the fact the daughter failed to appear in court three times, Kilpatrick sentenced the accused to serve one day in jail and one year probation with several conditions including that she must keep the peace, remain on good behaviour and report to a probation officer

She also has to undergo an alcohol assessment within the next six months, enrol and participate in an alcohol and substance abuse program, get grief counselling and do 30 hours of community service.

"Your mother doesn't need to be abused by you when you're drunk," Kilpatrick said.

The daughter is not allowed to visit her mother when intoxicated and must leave her mother's residence if it is requested of her and cannot be there within a 24-hour time period following her removal.

Before she left the courtroom, Kilpatrick addressed the daughter and gave her some very direct and frank advice.

"Treatment is the key; go and get it. Put your pride aside and go and get help."

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