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SOMBA K'E/YELLOWKNIFE
After a lengthy lecture from a judge, a woman was sentenced on Dec. 8 to three months of house arrest for making a false statement in obtaining an emergency protection order against a man with whom she claimed to be in a relationship.

Roberta Simmonds, 33, was also sentenced to two months of strict curfew conditions following her house arrest and must repay $5,000 in expenses the man incurred while tryin his name.

As well, she was ordered to have no contact with the victim or his immediate family and to complete 75 hours of community service.

"Family violence is a notorious problem in our jurisdiction," said territorial court Judge Bernadette Schmaltz, adding that Simmonds' abuse of the system that administers EPOs (emergency protection orders) has brought unwarranted criticism to the legislation as a whole. This could make it less effective for those who really need it, according to the judge.

Simmonds pleaded guilty in November of knowingly making a false statement in an application under the Protection Against Family Violence Act. However, information related to the case continued to be submitted to the court until last Wednesday.

In June, Simmonds filed an EPO against Andreas Tesfaye by falsely testifying to a justice of the peace that she and Tesfaye had dated for four to six months and had lived together during that time. She also convinced the justice of the peace and the NWT Supreme Court that she was subject to violent behaviour from Tesfaye. Despite her claim of a months-long relationship, Simmonds couldn't properly spell Tesfaye's name, didn't know his address, the number of piercings he had on his body, or his age and the age of his children.

Defence lawyer Caroline Wawzonek questioned whether a jail sentence would hinder Simmonds' treatment for a mental condition. The court heard that Simmonds had a history of mental illness and was recently diagnosed with borderline personality disorder.

"I accept that Ms. Simmonds has mental illness and I accept that she has issues many of us do," said Schmaltz. "I do not accept that all people with mental illness cannot be deterred through the sentencing process."

The judge said she doesn't believe Simmonds realizes the harm that she has done; that in Simmonds' mind her actions were justified.

"I hope, Ms. Simmonds, that you will think long and hard, not about what happened to you, but about what you did," said Schmaltz.

In her final words to Simmonds before reading the conditions of her sentence, Schmaltz said, "I hope you realize that it was your decision to lie to a justice of the peace. You have harmed an important system put in place to protect those who are subject to family violence."

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