Digest: R v Kishayinew, 2017 SKQB 340

Date:November 17, 2019

Reported as: 2017 SKQB 340

Docket Number: QB17604 , CRM 321/16 JCS

Court: Court of Queen's Bench

Date: 2019-11-17


  • Turcotte


  • Criminal Law � Assault � Sexual Assault � Sentencing
  • Criminal Law � Sentencing � Aboriginal Offender

Digest: The accused was convicted of sexual assault contrary to s. 271 of the Criminal Code (see: 2017 SKQB 177). The defence counsel applied to the court to direct a Gladue report. The court adjourned the application and directed the preparation of Pre-Sentence Report (PSR) with Gladue factors to be taken into consideration. After the report had been submitted, the defence advised that a Gladue report was no longer sought and sentencing could proceed. The victim provided an impact statement in which she said that following the assault, she suffered from depression and had become fearful of leaving her home. At trial the accused had acknowledged that he had sexual intercourse with the victim but blamed her for initiating it. The author of the PSR noted that the accused claimed to take responsibility but, contradictorily, he continued to believe that he was innocent. At the sentencing hearing the accused apologized for what he had done and expressed regret for his actions. He said that he was committed to addressing his addictions and changing his lifestyle. The accused, 35 years of age, had been born on the reserve of the Yellow Quill First Nation. His father had attended a residential school and that affected how he treated his wife and family. The accused witnessed alcohol abuse and domestic violence in his home until he was five, when his mother left the marriage and moved to Saskatoon. He and one sister were raised by her and his other siblings lived with their paternal grandparents. He reported that although his mother was a single parent and the family was poor, his needs had been met. His mother died when he was 16. He returned to live on the reserve for the next three years and then moved back to Saskatoon. During his adult life he had been on social assistance with only sporadic employment in the construction industry. The accused had alcohol and substance addictions that negatively affected his life and his family. The accused reported that he had not experienced racism. The accused�s criminal record began in 1996 and he had approximately 45 convictions. He was assessed as being at high risk to re-offend and a high risk to re-offend sexually, although this was...

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