‘Make the first step’

Judge tells man with long criminal record to seek available help

A P.E.I. judge told an Aboriginal man convicted of assaulting his partner that he cannot continue to use his harsh upbringing as an excuse for criminal behaviour.

Chief Provincial Court Judge Nancy Orr sentenced Catlin Joseph Adler, 30, to 60 days in jail for punching his girlfriend outside the Charlottetown Mall on Aug. 28.

Adler has a long prior criminal record that includes domestic assault.

A Gladue report was taken into consideration by Orr in determining the sentence to the assault conviction that came after a trial. The Gladue report is a pre-sentence or bail hearing report, usually prepared by Gladue caseworkers at the request of the judge, defence counsel or Crown attorney.

These reports contain recommendations to the court about what an appropriate sentence might be and include information about the Aboriginal person’s background such as: history regarding residential schools, child welfare removal, physical or sexual abuse, underlying developmental or health issues, anxiety, or substance use.

Adler’s lawyer noted the report clearly outlines a difficult upbringing that included Adler enduring sexual and physical abuse.

Orr, however, noted that Adler failed to take advantage of services available to him when he was released from jail on a prior conviction.

She told Adler there is no question that he had a terrible upbringing, but that cannot be an ongoing excuse to continue on a criminal path.

She said much help is available, including addiction programs, employment counselling and anger management.

“You know what you need to do…and there are people willing to work with you,’’ said Orr.

“It’s not going to be easy, but you need to make the first step.’’

She ordered Adler, who will be on probation for two years after his release from jail, to participate in a healing circle and to learn about his Aboriginal culture.