SOMBA K'E/YELLOWKNIFE
Michael Nadli has been sentenced to 45 days in jail for assault causing bodily harm.

The incident took place on April 5 at a home in Fort Providence where Nadli slapped his victim before breaking her wrist in an attempt to remove her from the house.

Michael Nadli: "I'm truly sorry for the pain and hurt I have caused. I regret my actions ... I have to explain to my son that what I did was wrong."

He turned himself in to RCMP that same day and in June pleaded guilty to the charge of assault causing bodily harm and agreed to participate in an alternative justice program which involved group counselling.

In handing down his sentence, Justice Robert Bourassa said this kind of violence "is not limited to scoundrels and ne'er-do-wells. (It occurs at) all levels of society."

Bourassa said the fact that Nadli had turned himself in right away, pleaded guilty and participated in the court's counseling program were all mitigating factors in his consideration of the sentence.

He said had Nadli not participated in the alternative justice program the court would have been justified in a sentence of "many months" in jail rather than just 45 days. He said Nadli's 2004 conviction of assault against the same victim did not play a huge role in his decision "but it's there."

Defense lawyer Tu Pham had asked the court to consider a conditional discharge for Nadli with 50 hours of community service, noting the mitigating factors the judge would later cite while saying Nadli "in no way intended this level of injury."

Pham also said a jail sentence, which was recommended by Crown prosecutor Annie Piche, "would potentially end Mr. Nadli's political career."

Nadli was elected as a member of the legislative assembly for Deh Cho in 2011. He served as grand chief of Deh Cho First Nations from 1997 until 2003, and then as sub-chief of Deh Gah Got'ie First Nations from 2009 until he became an MLA.

In court, Pham said his client had been waiting for the outcome of this case to decide whether or not he will run for office again.

Section 79 of the NWT Election and Plebiscite Act states that "a person is not eligible to be a candidate while he or she is imprisoned in a correctional institution as a result of a conviction for an offence."

Tim Mercer, clerk of the legislative assembly, said because of this conviction, Nadli is no longer entitled to sit as an MLA.

"It also means that his pay and access to allowances are discontinued effective immediately," he said.

"His seat is not declared vacant until such time as his opportunities for appeal have been exhausted. But as of this moment he is no longer an MLA."

Mercer added that with the territorial election so close, there would be no point in calling a by-election for Nadli's riding.

In court, before the judge issued his ruling, Nadli elected to address the court. Through tears, he talked about how his actions have had a profound and negative impact on his family and he asked for forgiveness.

"I'm truly sorry for the pain and hurt I have caused," he said. "I regret my actions ... I have to explain to my son that what I did was wrong."

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