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Calgary Herald
a day ago
- Calgary Herald
Alberta judge rejects robber's Indigenous identity claims, proposes test for deciding who should and shouldn't get Gladue reports
An Alberta judge is proposing new guidelines for how courts handle people who say they are Indigenous during sentencing hearings, but don't have proof to back up their claims. Article content Last month, Justice Jordan Stuffco of the Alberta Court of Justice sentenced Jonathan Anthony Ninan to 33 months in prison for robbing a Leduc sports bar, after Ninan admitted to pointing a replica firearm at the bar's lone female employee and making off with $12,000 cash. Article content Article content Article content After pleading guilty to a pair of charges, Ninan requested a Gladue report, a pre-sentence document which examines the impacts of government policy towards Indigenous people on an Indigenous person's criminal conduct. Article content Article content While some offenders' claims of Indigenous identity are uncontroversial, Ninan had only the vague sense that his mother — with whom he has had almost no contact since age 10 — had 'some ancestral connection to an unspecified Indigenous community,' Stuffco wrote. Article content 'Although Mr. Ninan endured substantial childhood trauma and intergenerational harm due to abusive and neglectful biological parents, I do not find these factors are connected to Indigeneity,' wrote Stuffco, a member of the Métis Nation of Alberta. Article content 'I find Mr. Ninan is not an Indigenous offender because there was no meaningful evidence, other than self-identification, establishing Mr. Ninan as an Indigenous person.' Article content Article content The decision comes amid ongoing debate over Indigenous identity fraud, including deeper examination of Indigenous identity claims from public figures in government, pop culture and academia. Article content Article content Stuffco did not accuse Ninan of trying to mislead the court, noting the 24-year-old simply knew little about his mother 'due to his chaotic and abusive family history.' Article content Gladue reports Article content Since the Supreme Court of Canada's 1999 decision in R. v. Gladue — the first case to interpret Criminal Code amendments aimed at addressing the over-representation of First Nations, Métis and Inuit people in Canadian prisons — Indigenous offenders have been able to request pre-sentence reports examining their family histories and how government Indigenous policy may have contributed to their criminal behaviour. Article content Gladue and subsequent cases recognized Indigenous people 'endured many generations of unparalleled systemic abuse and discrimination at the hands of all levels of government,' Stuffco wrote, including residential schools, displacement from traditional lands and adoption into non-Indigenous families.


Edmonton Journal
2 days ago
- Edmonton Journal
Alberta judge rejects robber's Indigenous identity claims, proposes test for deciding who should and shouldn't get Gladue reports
Article content An Alberta judge is proposing new guidelines for how courts handle people who say they are Indigenous during sentencing hearings, but don't have proof to back up their claims. Last month, Justice Jordan Stuffco of the Alberta Court of Justice sentenced Jonathan Anthony Ninan to 33 months in prison for robbing a Leduc sports bar, after Ninan admitted to pointing a replica firearm at the bar's lone female employee and making off with $12,000 cash.


Global News
07-05-2025
- Politics
- Global News
Former Alberta premier David Hancock named to justice position in Edmonton
A former Alberta premier has a new job in the provincial courts. The provincial government says David Hancock has been named assistant chief justice of the Alberta Court of Justice in the Edmonton Family and Youth Division. Hancock, a long-time legislature member, served as interim premier and Progressive Conservative Party leader after the 2014 resignation of Alison Redford, later calling it the 'best summer job that I've ever had.' Get daily National news Get the day's top news, political, economic, and current affairs headlines, delivered to your inbox once a day. Sign up for daily National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy Hancock retired from politics after Jim Prentice was named as leader and was appointed in 2017 as a provincial court judge. Before politics, Hancock received his law degree from the University of Alberta in 1979 and is a committee board member for the Alberta Law Reform Institute. Chief Justice James Hunter says Hancock's experiences and abilities will serve him well in maintaining access to justice for families in the Edmonton area. Story continues below advertisement


Calgary Herald
02-05-2025
- Calgary Herald
Three people facing over 50 charges after Stoney Nakoda First Nation police chase
Alberta RCMP have charged three people after a police chase on Stoney Nakoda First Nation. Article content On Wednesday evening, RCMP received reports of a man pointing a gun at another man while driving a stolen truck on the First Nation. Cochrane RCMP, along with RCMP helicopter and police dog services, responded to the incident. Article content Article content Article content Andrew Pooreagle, 38, a resident of Stoney Nakoda First Nation, was charged with 36 offences including a variety of firearm and weapons charges, breach of a release order, possession of property obtained by crime and several vehicle and driving-related charges. Article content Pooreagle was held for a bail hearing and remanded into custody. Article content Jackson Wesley, 35, a resident of Stoney Nakoda First Nation, was charged with a total of 19 offences. Wesley's charges include possession of property obtained by crime, multiple firearm and weapons charges and breach of a release order. Article content Wesley was also held for a bail hearing and remanded into custody. Article content Both Wesley and Pooreagle are set to appear in the Alberta Court of Justice in Cochrane on Monday. Article content Article content A youth, who cannot be identified under the Youth Criminal Justice Act, was also arrested and held for bail hearing. The youth is facing 11 charges including possession of a weapon for dangerous purpose, possession of a prohibited weapon and obstruction. The underage suspect was released on conditions and will appear in the Alberta Court of Justice in Cochrane later in May.


CBC
05-03-2025
- CBC
Alberta RCMP officer charged with assaulting suicidal woman
Social Sharing An Alberta RCMP officer has been charged with assaulting a woman who was detained last year while experiencing a mental health crisis. In a news release Wednesday, RCMP said an officer from the Fort Saskatchewan detachment has been charged with assault causing bodily harm in connection with an arrest made on March 14, 2024. RCMP charged Const. Justin Forster last week, nearly a year after an investigation into his use of force began. According to the RCMP statement, the alleged assault occurred after officers were called about a person experiencing mental health issues at a home in Fort Saskatchewan, about 25 kilometres northeast of Edmonton. "Upon arrival, officers located the suicidal person and placed them under arrest under the Mental Health Act," RCMP said. An altercation occurred, resulting in the officer "delivering a strike" to the person, RCMP said. The person was taken to the hospital for treatment, police said. Police did not comment on the extent of the woman's injuries. In Alberta, the Mental Health Act allows for a person suffering from a mental disorder to be apprehended and detained involuntarily for examination, treatment or care. Cpl. Troy Savinkoff told CBC that a woman was detained and that she was allegedly hit inside the home. In early May, 2024, the victim lodged a complaint with the RCMP, police said. "She launched a public complaint directly with us and we immediately started a statutory investigation, which is basically a criminal investigation," Savinkoff said. "We took it did our own investigation into it." Forster is expected to appear in court April 3 at the Alberta Court of Justice in Fort Saskatchewan. After being charged, Forester has been placed on administrative duties, RCMP said.