Sentencing delayed in assault case

An application by four siblings to allow their identities to be printed was dismissed as a judge said he didn’t have the authority to remove a publication ban of their names.

An application by four siblings to allow their identities to be printed was dismissed as a judge said he didn’t have the authority to remove a publication ban of their names.

The four had leveled accusations of physical, sexual and emotional abuse against their mother over a 13-year period in the 1980s and 1990s.

Red Deer provincial court judge James Glass convicted the mother of one count of assault causing bodily harm, while acquitting her of 17 other charges including 13 counts of assault, two counts of assault causing bodily harm and two counts of sexual assault on Sept. 3.

The 63-year-old woman can’t be identified because naming her could identify the victims, who are protected by the publication ban.

On Sept. 3, all four siblings submitted sworn letters to Glass asking for the publication ban to be lifted. Publications bans are typically granted to protect the identity of victims of sexual offences.

In his ruling Thursday in Red Deer provincial court, Glass said he did not have the authority to bury or lift the publication ban. He did say the Court of Queen’s Bench may have the power and a proper application made to the higher court may be considered.

Muddying matters about their application to remove the publication ban is whether or not the victims have the standing to make such an application. As Glass pointed out, the new legislation from the Conservative government, called the Victim Bill of Rights, does not allow for victims to make an application to lift a publication ban.

However, case law from a 1994 ruling does allow the application to be made by the siblings at the Court of Queen’s Bench level.

The mother admitted guilt in the assault causing bodily harm charge during her three-day trial from June 22 to 24.

Her eldest son recalled coming to with his mother sitting on his chest, repeatedly hitting him across the face. He said he had two black eyes, a split lip, multiple lacerations and bruises. The youngest son corroborated the incident saying he saw his brother get punched in the head and knocked out. The mother then dragged the eldest son into the living room, sat on his chest and hit him in the head repeatedly.

A further ruling was needed on which victim impact statements would be eligible to be read at the sentencing hearing. A total of six statements were submitted from the siblings and their spouses. However, Crown Prosecutor Ed Ring and defence counsel Dave Inglis said only one victim impact statement was eligible to be read.

Ring noted because the woman was found guilty of only one charge, only the victim of that offence was eligible to have his victim impact statement considered. However, complicating matters was that his victim impact statement was written before the conviction and acquittals and covers a wide range of times and incidents.

Inglis said the victim impact statement shouldn’t be heard as it addressed many incidents and not the single incident for which the mother was convicted.

Glass gave the 40-year-old male victim the chance to write a new victim impact statement. Sentencing has been adjourned to Sept. 30 in Red Deer provincial court for consideration of the new statement.

Inglis and Ring estimated the hearing would take about two hours.

mcrawford@bprda.wpengine.com

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Asymptomatic testing will now be available for "priority groups" who are most likely to spread the COVID-19 virus to vulnerable or at-risk populations. File photo by THE CANADIAN PRESS
Marcus Golczyk, with Taco Monster, hands food to a customer during Food Truck Drive and Dash in the Westerner Park parking lot in Red Deer Friday afternoon. The drive-thru event will run every Thursday from 4-7 p.m. and Friday from 11 a.m. to 2 p.m. through June. Photo by SEAN MCINTOSH/Advocate staff
Food Truck Fridays, Food Truck Drive and Dash return in Red Deer

Red Deerians are able to take in a drive-thru food truck experience… Continue reading

Don and Gloria Moore, of Red Deer, are set to celebrate their 70th anniversary later this month. (Contributed photo)
Red Deer couple to celebrate 70th anniversary

Red Deer couple Don and Gloria Moore are set to celebrate their… Continue reading

Chris Scott, owner of The Whistle Stop Cafe, was put in handcuffs after an anti-restriction protest Saturday in the parking lot of the business. (Screenshot via The Whistle Stop Facebook page)
UPDATE: Central Alberta cafe owner arrested after anti-restriction protest

The owner of a central Alberta cafe, which was the site of… Continue reading

Alberta has 1,910 active cases of COVID-19 as of Wednesday. Red Deer is reporting five active cases, with 108 recovered. (File photo)
Red Deer now has 911 active COVID-19 cases

Central zone has 2,917 active cases

FILE - A firefighter wears a mask as he drives his truck. THE CANADIAN PRESS/Jonathan Hayward, File
VIDEO: Flames rip through Edmonton-area seniors complex, but no fatalities

ST. ALBERT, Alta. — Fire has destroyed part of a retirement complex… Continue reading

Quebec Premier Francois Legault chairs a premiers virtual news conference as premiers John Horgan, B.C., Jason Kenney, Alberta, and Scott Moe, Saskatchewan, are seen onscreen, Thursday, March 4, 2021 in Montreal. THE CANADIAN PRESS/Ryan Remiorz
Several provinces bring in new restrictions as high COVID-19 case numbers persist

Several provinces are gearing up to tighten public health measures once again… Continue reading

Members of the RCAF take part in a Royal Canadian Air Force change of command ceremony in Ottawa on Friday, May 4, 2018. The Royal Canadian Air Force is hoping Canada will open its doors to military pilots from other countries as it seeks to address a longstanding shortage of experienced aviators. THE CANADIAN PRESS/ Patrick Doyle
RCAF turns to foreign pilots to help with shortage as commercial aviators stay away

OTTAWA — The Royal Canadian Air Force is hoping Canada will open… Continue reading

An arrivals and departures information screen is seen at the Halifax Stanfield International Airport in Halifax on Thursday, Jan. 4, 2018. The chief executive of Atlantic Canada's largest airport is hoping for COVID-19 testing for arriving passengers "sooner rather than later," as an added measure to combat the province's third wave of the virus. THE CANADIAN PRESS/Andrew Vaughan
Halifax airport CEO hopes for more on-site COVID testing ‘sooner rather than later’

HALIFAX — The chief executive of Atlantic Canada’s largest airport is hoping… Continue reading

Shoppers wear mask as they shop at a nursery & garden shop on Mother's Day weekend during COVID-19 pandemic in Wilmette, Ill., Saturday, May 8, 2021. (AP Photo/Nam Y. Huh)
Tearful reunions mark second Mother’s Day under pandemic

Last Mother’s Day, they celebrated with bacon and eggs over FaceTime. This… Continue reading

Arizona Coyotes head coach Rick Tocchet, standing, watches the game during the second period of an NHL hockey game Wednesday, April 14, 2021, in St. Paul, Minn. The Wild won 5-2. (AP Photo/Craig Lassig)
Tocchet won’t return as coach of Coyotes after 4 seasons

GLENDALE, Ariz. — The Arizona Coyotes and coach Rick Tocchet have mutually… Continue reading

Columbus Blue Jackets head coach John Tortorella shouts at an official after a fight between Columbus Blue Jackets' s Gavin Bayreuther and Florida Panthers' Sam Bennett during the second period of an NHL hockey game, Monday, April 19, 2021, in Sunrise, Fla. (AP Photo/Lynne Sladky)
Tortorella out after 6 years as Columbus Blue Jackets coach

COLUMBUS, Ohio — John Tortorella is out as coach of the Columbus… Continue reading

A caribou grazes on Baffin Island in a 2008 file photo. A last-ditch attempt to save some of Canada's vanishing caribou herds is a step closer after a scientific review panel's approval of a plan to permanently pen some animals and breed them to repopulate other herds. THE CANADIAN PRESS/AP-Kike Calvo via AP Images
Parks Canada captive caribou breeding proposal gets OK from scientific review panel

JASPER, Alta. — A last-ditch attempt to save some of Canada’s vanishing… Continue reading

The smouldering remains of houses in Slave Lake, Alta., are seen in a May 16, 2011, file photo. The wildfire that is devastating large swaths of the northern Alberta city of Fort McMurray comes just five years after another blaze destroyed 400 buildings and left 2,000 people homeless in Slave Lake, Alberta. THE CANADIAN PRESS/Ian Jackson
Ten years later: Five things to know about the Slave Lake wildfire

A wildfire burned about one-third of Slave Lake in northern Alberta in… Continue reading

Most Read