Probation for assault and uttering threats
July 31, 2019
Judge G. W. Paul
Ryan Wade Squair appeared via telephone for sentencing. On April 10, 2019, he pled guilty to assaulting a police officer.
On November 17, 2019, Slave Lake RCMP were doing a bar walk, the crown prosecutor said. Bouncers at one of the bars said they were kicking out a male patron, because they suspected he was high. Officers remained on the scene in case of trouble.
Squair didn’t cooperate with the the bouncers, but was removed from the bar, the prosecutor said. His speech was slurred and there were other indicators of intoxication. He tried to go back into the bar. The officers told him he wasn’t allowed in the bar.
He reentered the bar, the crown said. On the third time, officers told him he was under arrest. When they tried to handcuff him, he struggled and pulled away. He caused the officers to fall to the ground. One of the officers grabbed his right arm, Squair struck her in the left elbow, broke her grip and began to run away.
A foot pursuit ensued, the prosecutor said. After a struggle on the road, Squair was arrested and stopped fighting.
Defence classified the presentence report as very positive and said, “a criminal record for such foolishness would be disastrous for him” and not in the best interest of society.
Judge G. W. Paul agreed saying the presentence report said this was an out of character alcohol-fueled act, even being drunk was unusual for Squair, and he was unlikely to do it again.
Squair was sentenced to a suspended sentence of thre months. Judge Paul clarified that this was shorter than normal because Squair had been on release conditions for nine months with the same conditions, so it was basically a 12-month sentence.
The conditions are very basic: to abstain from alcohol, cannabis, and illegal substances, keep the peace and be of good behaviour, and report. Since he is not in Slave Lake there were some changes to reporting. He is to report via phone to Slave Lake probation within three days then as directed, and sign the papers at the Vernon courthouse within 10 days.
Squair was also directed to donate $300 to Victim Services. Once the payment was made, he no longer had to report to probation.
“What you have to know is this is a record,” Judge Paul said to Squair. After one year of staying out of trouble, the suspended sentence will be wiped clean, but “if you get into trouble, this record will remain.”
At trial, Tonia Robyn Nahachik changed her plea to guilty to three counts and two others were withdrawn. She pled guilty to uttering threats, breach of probation, and failure to attend court.
On July 10, 2018, Nahachik signed probation paper work for one year of probation, the crown said. She made her meetings with her probation officer for a while, but then didn’t, for a variety of reasons, the crown told the court.
On November 7, 2018, Slave Lake RCMP responded to a possible break and enter, the crown said. They found Nahachik sitting on the couch in the home. The victim is her sister. Nahachik had recently been living in the house. She threatened to beat up her sister, so her sister kicked her out.
Nahachik was charged and released on November 7.
On January 9, Nahachik had an agent speak for her in court, the crown said. The matter was adjourned until January 23. She didn’t attend or have an agent.
Nahachik’s conviction report was presented. The crown and defence made a joint submission. A presentence and Gladue reports were not ordered, but there were Gladue factors. There had been an argument about the sister and Nahachik’s former boyfriends.
At various times, Nahachik interrupted the proceedings with excuses and angry outbursts.
A victim impact statement was read by Nahachik, the crown, defence and the judge.
“You have several assault charges,” Judge Paul said. “Your sister knows you have had violent outbursts. It’s wrong to break into her house and threaten to beat her up.”
Nahachik was sentenced to 12 months probation. The most basic condition of probation is to keep the peace and be of good behaviour.
Judge Paul expounded on what it means to keep the peace.
There was some provocation, Judge Paul said. “That’s why you’re not going to jail.”
The other conditions were not to consume or possess alcohol, cannabis, or controlled substance, have no contact with the victim, report to probation, and take counselling as directed. Possibilities listed were counselling for anger management, substance abuse and domestic violence.
“It’s (the sentence is) a break for you,” Judge Paul said. “You probably don’t think so.”