SOMBA K'E/YELLOWKNIFE
A prisoner at North Slave Correctional Centre was sentenced to two months in jail Thursday for throwing a broom at a peace officer.
At the time of the incident Noel Avadluk was in jail awaiting Supreme Court proceedings on charges of sexual assault at or near Yellowknife, and of attempting to suffocate the alleged victim by putting his hands over her mouth.
On Oct. 4, 2012, Avadluk became upset, allegedly because the guards at the centre were spreading information about his Supreme Court matter. The 40-year-old informed the territorial court that he had reported the guards' conduct to three case managers and became enraged after not receiving any help from them.
"They're putting my safety at risk by speaking about the allegations," Avadluk explained to territorial court judge Garth Malakoe.
His anger on the day of the offence motivated him to grab a broom and smash a glass partition in the correctional centre's B pod area. Staff at the correctional centre tried to stop him but Avadluk threatened them with the broom and at some point tossed the cleaning tool at an officer. Avadluk was pepper sprayed during the incident.
He was placed in maximum detention for two weeks and later moved to the phase unit, which consists of 12 cells as opposed to the usual 40. Prisoners who are put in the phase unit may also lose privileges, such as phone calls and television time.
Avadluk was also charged with assaulting a peace officer and mischief. He was convicted of the former offence Thursday while the latter was dropped.
According to Avadluk, he has since apologized to the guard he assaulted.
Crown prosecutor Cecilia Bastedo argued the accused should get four to five months in custody. It's an aggravating factor, she said, that the offence happened while Avadluk was in custody for another matter, plus the 46 convictions on his criminal record, eight of which are for violent acts. On the other hand, it is to his credit that he entered a guilty plea rather early, Bastedo added.
Meanwhile, defence counsel Serge Petitpas requested a 30-day sentence. Petitpas argued the judge should consider that his client had been punished by the prison for his actions.
He also noted that Avadluk suffers from Fetal Alcohol Syndrome, is a residential school survivor and has dealt with physical, emotional and sexual abuse in his past.
Malakoe met the Crown prosecutor and defence in the middle and handed down a sentence of two months. The judge said he was encouraged that Avadluk was understanding of his own issues and is taking steps to improve himself. However, Malakoe warned him that in future if he has problems he has to deal with them in the proper manner.
Avadluk, who remains in custody, is expected back in court on May 6 on his Supreme Court matter.
