Whitehorse Daily Star

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LENGTHY RECORD – Wayne Jackson has 135 convictions on record, including 74 for theft.

Man with 135 convictions back before the court

How do you sentence a man with 135 convictions?

By Pierre Chauvin on February 12, 2016

How do you sentence a man with 135 convictions?

That’s the question Yukon territorial court had to deal with on Thursday at Wayne Jackson’s sentencing hearing for theft.

Jackson, 49, tried to steal $154 worth of goods from Canadian Tire on Sept. 2, 2015.

Judge Michael Cozens convicted him after both parties filed an agreed statement of facts outlining the day’s event.

The defence urged Cozens to impose a short sentence so Jackson could attend an aboriginal healing camp.

The Crown, however, noted Jackson is most likely to re-offend.

His criminal record amounts to four convictions a year for the past 30 years, Crown prosecutor Joanna Phillips told the court.

He’s been convicted 74 times for theft.

Within six days of being released from a federal penitentiary last August, Jackson committed the Canadian Tire theft.

“It’s highly unlikely Jackson will be able to stop stealing things,” Phillips said.

Defence lawyer Kelly Labine noted her client had a traumatic childhood and attended residential school, where he was abused.

At the age of nine, Jackson was sexually assaulted.

When he reported it to a supervisor, he was ignored and punished.

Throughout his life, he abused drugs and alcohol.

“Drug addiction took over his life,” Labine said, adding that Jackson overdosed seven times on heroin and five on cocaine.

In 2012, he started meeting with a residential school counsellor.

“He understands the abuse he suffered is not his fault,” Labine said.

“He learned how it continues to affect him.”

He completed numerous programs dealing with substance abuse while in jail.

The Sept. 2 offence came about because Jackson was released from a federal penitentiary and was left on his own, she said.

“There was no plan, he had no money, no place to stay.”

He went to Canadian Tire to later resell stolen goods to afford a place to stay, his defence lawyer said.

The defence is asking for a three-month sentence, with two years’ probation.

The Crown is seeking a one-year sentence in custody.

Because Jackson was released while on parole, the time he spent on custody between his arrest and his sentencing won’t be credited to his sentence.

Labine pointed out that her client did recognize his actions were wrong and wrote an apology letter to the store.

A number of support workers from the Champagne-Aishihik First Nation (CAFN) were in the gallery and addressed the court.

Unlike the last time around, this time there is a plan for Jackson when he is released from custody, they told the judge.

That includes a month-long healing camp at Jackson Lake to deal with his addictions.

“Your client has done a lot of aboriginal-based programs,” Cozens told the defence, noting it had little effect in slowing down his crimes.

Cozens also noted Judge Karen Ruddy and himself had already sentenced Jackson previously. Similar information about Jackson’s background was already known to the court, the judge added.

Cozens noted that the healing camp itself isn’t sufficient, as Jackson could re-offend as soon as he was finished there.

A CAFN representative, on top of a residential school counsellor, an AA counsellor and a case management counsellor would all look after him, the defence answered.

“Knowing how I sentence... in the absence of a viable plan, we’re left with no choice,” said Cozens.

He also noted Jackson needed an income source.

That plan is not viable, especially for housing, the Crown said.

The only alternative is a lengthy period of incarceration.

Jackson himself addressed the court.

He talked about his two children, who he said he had let down on more than one occasion.

Cozens adjourned the case to Feb. 17.

Comments (22)

Up 7 Down 5

ProScience Greenie on Feb 18, 2016 at 5:37 am

The progressive crowd needs to learn that criticism of failed policy isn't racism or bigotry. Neither is criticism of policy based on the genes that one has inherited.

The person that this story is about has hurt a lot of people from many different backgrounds and unless he is completely rehabilitated he will continue to do so.

Up 4 Down 4

Josey Wales on Feb 17, 2016 at 10:09 pm

politico....yes I know it is nuts eh?
Laws on the books like the one I referenced CCC 718.2(e) creep me out.
Almost implies that aboriginals are not able to act and think as the rest of the population?
logic as that and laws drafted into and from said logic, cannot be anything but "racist"
Can it?
trolls...out from your bridges, Josey is laying factoids again.

Up 5 Down 22

Josey Wales on Feb 17, 2016 at 7:50 am

So even the most reasonable folks upon learning of a "individual" race irrelevant, that has an amount of charges on his criminal record....may truly ponder? Ponder not, when the relevancy of an "individuals" race really matters?
There is this document called the Canadian Criminal Code, in this system (justice LOL) of un-elected officials called Judges whom interpret gibberish drafted and make their own "judgements" often "not withstanding" of any common sense.

We as a people seem to accept the nonsense, for reasons that truly elude ol' Josey.
An example of a (gasp) FACT from the CCC section 718.2(e)..... 718.2 A court that imposes a sentence shall also take into consideration the following principles:

(e) all available sanctions or options other than imprisonment that are reasonable in the circumstances should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders.
How is that for the attempt to spread "Hate"?
Bang on if you as an "individual" are a hater of those pesky facts!

Up 3 Down 28

Josey Wales on Feb 17, 2016 at 6:40 am

Seems the only "haters" we have REGULAR like, are those whom HATE and I mean HATE Canada's freedom of expression commonly known as the fictional freedom of speech.
The spawn we have for a PM will toughen up maybe amend it so only the royals have those rights, as most everything else in this "hater trolls to spread their hate, misinformation, racially charged statements, ignorant rants atmosphere that we have been socially engineered into...from his Papa.

Up 33 Down 2

Politico on Feb 16, 2016 at 6:29 pm

The racism on this topic is incredible

Up 21 Down 7

Ban the trolls on Feb 16, 2016 at 5:34 pm

By chance do you mean the first people of this country that have had everything and anything stolen from them since the time of contact??
I had a teacher once who said "count to three before you speak".

Up 27 Down 35

ThrowAwayTheKey on Feb 16, 2016 at 2:23 pm

Ban The Trolls - First Nations' are 'taking their rightful place in society' indeed, as you say. The problem, sir, is that taking their rightful place should not include taking the rightfully-owned property of 135 other people or organizations. Is it OK if I drop into my local FN reserve and help myself to a few items that take my fancy? I could use a new car for example. Hey, don't blame me, my grand-dad was a heavy drinker and never took the time to tell me that it was wrong to steal.

Up 40 Down 19

Ban the trolls on Feb 15, 2016 at 9:34 pm

Well it is a good thing that the WS still allows all the hater trolls to spread their hate, misinformation, racially charged statements, ignorant rants on anything to do with First Nations.
Rest assured it does not matter, First Nations as a people are taking the rightful place in Yukon society in spite of the haters.

Up 83 Down 28

John Gould on Feb 14, 2016 at 7:03 pm

All the bleeding hearts on this manner please keep your suggestions short this guy has cost us as tax payers hundreds of thousands of dollars defending him and treating him and listening to his sad pathetic story. Wayne Jackson doesn't give two craps what we feel and never has. In his life everyone is a victim, everyone is a mark and everyone is to blame for this guys lengthily record. This guys sentence should reflect the true meaning of justice and not the ideas of the few. It's nonsense and insane to keep entertaining this guy and people like him. If he likes the federal system send him back and leave him there.

Up 46 Down 34

Fellow student on Feb 14, 2016 at 6:21 pm

Good old days of capital punishment would serve well here, how much money has this man cost society already?

Up 56 Down 28

StalinHadAnIdea on Feb 14, 2016 at 1:59 pm

A lot of really well thought-out and sensible recommendations here as to how to treat this individual. Consensus trending towards a permanent relocation in a very distant gulag way way up north. How the hell is anyone allowed to accumulate 135 convictions without achieving permanent incarceration? What a farce !

Up 86 Down 30

yukon56 on Feb 13, 2016 at 8:07 pm

What would the FN done with a thief 100 years ago? Why is it now our problem?

Up 17 Down 59

yukon56 on Feb 13, 2016 at 7:57 pm

Circle sentencing and a sweat lodge should be fine.

Up 55 Down 30

Elvis on Feb 13, 2016 at 11:32 am

Obviously incurable. He could be sent to an encampment up North where the groundbreaking could start for the building of an inescapable prison to house other such criminals. This place would be so isolated that escape would not be an option. This would put him in contact with nature which who knows may cure him. After 135 convictions something different needs to be implemented.

Up 7 Down 46

Josey Wales on Feb 13, 2016 at 6:42 am

Thomas...careful what you wish for. This after all "Canada", we are experiencing Trudeau 2.0, and we do deal with the fallout of P.E.T. PC Crusader socialist experiments each day in our socially engineered lives.
Why does Jackson have such a long list of charges?
CCC section 718.2e ensures that lifestyle, traditionally speaking.

Up 52 Down 29

yukon56 on Feb 12, 2016 at 7:33 pm

A number of support workers from the Champagne-Aishihik First Nation (CAFN) were in the gallery and addressed the court.
Unlike the last time around, this time there is a plan for Jackson when he is released from custody, they told the judge.
Too late as usual to help.

Up 46 Down 42

Marsha mccormick on Feb 12, 2016 at 7:26 pm

I noticed child sexual abuse victims suffer tremendous trauma, end up in jail and reoffend. There is not enough support for them 'they need a lot of help and support. I had children who suffered tremendous sexual abuse, they don't even want to talk about it. So did I. I feel embrassed to talk about it I feel like Jackson.

Up 85 Down 25

John Gould on Feb 12, 2016 at 5:22 pm

This guy is a real piece of work, He's held up stores with IV needles infected with his sickness - he's robbed numerous stores. He's taken every native program known to man and they think they can fix this guy but take no responsibilities for he is a candidate for a habitual criminal who has been given every benefit and every second chance and has repaid us with reoffending and then insulting us with his upbringing and drug use. Lock him up and leave him there. Yukon tax payers have paid enough for this guys crimes.

Up 63 Down 28

Bobby Bitman on Feb 12, 2016 at 5:07 pm

He should have a tracking device, be moved back onto his traditional land where the people from his nation can truly take responsibility for his housing and other needs, and he should have a restraining order from being within 10 feet of any business or home other than homes where he has been specifically invited.

Some people have problems that make it impossible for them to control themselves in society, and short of locking them up forever, a reasonable solution is to remove them permanently from the victims of their compulsive, repetitive crimes. A permanent camp 200 miles from nowhere, with all the amenities and other jail birds who may have good reason for being messed up as well, for company, is not a bad option either.

Up 34 Down 69

Politico on Feb 12, 2016 at 5:00 pm

Barbarianism will not solve this man's problems or protect society from him. Right wingers seem to feel that archaic punishments will stop criminality when they only exasperate the behavior. This man needs supervision and a long term plan. At least the judge seems aware of the problems he has. I hope the band is willing to do this long term or he will reoffend forever.

Up 77 Down 28

jc on Feb 12, 2016 at 4:52 pm

The lawyer playing the residential school card again. For goodness sake there were no residential schools when he was growing up. And with 135 convictions it's obvious he's trying to tell us something - he wants to stay in prison. Why isn't our judges not getting the message? So, give the lad a permanent home in a nice warm prison, with his own room, TV, three squares a day and a night lunch. At least he's off the streets.

Up 91 Down 55

Thomas Brewer on Feb 12, 2016 at 4:30 pm

If there were ever a case for the Saudi's solution to theft, this is it.

chop chop!

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