Whitehorse Daily Star

Man sentenced for breaching probation

A 46-year-old Mayo man has been sentenced to time served for multiple violations to his probation order.

By Gord Fortin on October 1, 2018

A 46-year-old Mayo man has been sentenced to time served for multiple violations to his probation order.

Sheldon Lawrence Blanchard appeared in territorial court last Thursday before chief judge Peter Chisholm.

Crown prosecutor Kevin MacGillivray said the probation order was imposed on Blanchard on Nov. 10, 2017 by deputy judge Richard Schneider. Part of this probation included a no-contact order with a female friend.

On April 25 in Mayo, the friend had to call the local RCMP detachment five times because Blanchard was refusing to leave her residence. He was arrested and was in custody from April 25 to May 4.

Once released, he had to report to a bail supervisor, have no contact with the friend and could not be in Mayo. He could enter the community for court or if he informed the RCMP 24 hours in advance.

On June 1, he called his bail supervisor and left a message, explaining that he got a job and needed to go to Mayo to get some tools. He asked his supervisor to forward this message to the police.

Later, Blanchard contacted the friend. He was arrested on June 7 and released the next day.

MacGillivray said Blanchard was made well aware of each of the conditions breached. His release was subject to the same conditions.

On July 28, Mayo RCMP received a complainant about Blanchard from someone whose identity was not shared in court.

The complainant called the police because the friend revealed Blanchard was at her residence.

The RCMP went to look for him and found him at his mother’s house. Drunk, he was arrested, and has consented to remain in custody since July 29.

MacGillivray highlighted Blanc-hard’s lengthy criminal record, asking Chisholm to focus on the convictions from Oct. 1, 2016 onward. All convictions since have been related to the friend.

The Crown felt there needed to be a sentence imposed that demonstrates that court orders must be adhered to. The conditions need to be in place so the RCMP can respond if Blanchard contacts the friend.

MacGillivray added that this sentence needs to be a minor step up. He suggested having a new probation order with a modified no-contact order. This would enable Blanchard to spend time with her, but if she asks him to leave, he must comply.

The Crown said he has taken steps to seek treatment for alcoholism. MacGillivray encouraged him to pursue treatment.

“The Crown is all for that too,” MacGillivray said.

He felt the sentence needed to be both protective and rehabilitative.

Blanchard’s lawyer, Norah Mooney, did not dispute any of these facts nor the criminal record.

She said her client and his family members struggle with alcoholism. He does not have his own home in Mayo, and currently lives with his mother.

Mooney spoke next on deterrence, saying his time in custody has affected him. Blanchard says he has been dealing with depression, which has been difficult in recent weeks.

That said, he wants to break the cycle. Mooney said Blanchard has been going to church and Alcoholics Anonymous meetings while in custody. He also speaks with elders when they visit.

Mooney argued that he does want help and is taking steps. She clarified that he may not have a finished plan for once he is released, but explained that he wants to find work. She said he will be sending out his résumé to various contractors.

She told the court that work can boost someone’s self-esteem and worth as a person.

As for rehabilitation and counselling, Mooney said, her client has been looking into one-on-one counselling. She said he once thought he could handle his issues alone, but now knows he cannot.

“He realized he needs support,” Mooney said.

Blanchard said he was well aware of the consequences for being in Mayo, where he grew up, telling the court it was tough to be away from his family.

He said he has a bad feeling inside him, seeing himself as unworthy and lacking self-esteem because he does not have a job. He said he needs to rebuild his pride.

“This is not a sob story,” Blanchard said.

He added he hopes it will be easier for him to find work and thanked the judge for letting him speak.

Chisholm asked Blanchard if he felt the relationship with the friend was healthy. Blanchard said it was – but not when alcohol was involved. He said they tend to argue when drinking.

Chisholm said Blanchard would have to ask himself if he could continue a relationship with the friend and be sober.

Moving to his decision, Chisholm pointed out that Blanchard’s conduct has deteriorated since 2016. He said there was no criminal record before that year.

He explained that although Blanchard may think he can manage the relationship with his friend, recent history makes it clear that he cannot.

He added that Blanchard’s personality changes with alcohol. He finds Blanchard’s goals laudable, but was skeptical they could be achieved if he continues this relationship.

The judge felt Blanchard used his time well in custody. Positive results could ensue if Blanchard sticks to his relapse prevention plan by attending weekly counselling sessions.

“That bodes well for you,” Chisholm said.

He sentenced Blanchard to 40 days for the April 25 breach and 30 days for the June 7 violation, served consecutively.

As for the July 28 breaches, Blanchard will have to serve two 40-day sentences concurrently. The last 40 days will be consecutive to the previous two sentences, meaning a total of 110 days.

Chisholm explained this will be time already served.

As for a probation order, Chisholm said it will be six months long, starting when Blanchard’s current probation ends next month.

The new probation was modified. He can have contact with the friend, but if she requests that he leaves her residence, he must comply. Blanchard will also not have to report to a probation officer.

Chisholm clarified that these new provisions will only come into effect once his current probation expires.

Blanchard was also subject to a $400 victim fine surcharge, with one year to pay.

The Crown stayed any remaining charges.

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