R v Omeasoo: Sentences for alcoholics who breach abstention conditions should reflect their level of responsibility
Courts, counsel and police officers often struggle with the question of whether to grant release to accused persons on conditions that they abstain from the consumption of alcohol or drugs. Some accused are addicted to the substances they are abusing and compliance is difficult or nearly impossible for them. A recent decision by Judge Rosborough from the Provincial Court of Alberta, R. v. Omeasoo, 2013 ABPC 328, provides some guidance on this, and also discusses the sentencing of offenders who have breached abstinence conditions. Judge Rosborough's comments came in written reasons for sentences his Honour had previously imposed on two individuals. One of the offenders had been sentenced to one day in gaol (having served 6 days in custody since her arrest). The second had been sentenced to a $100 fine, with waiver of the victim fine surcharge. At the time of the second offender's sentencing, he was already serving a 30 day sentence for several other breaches, which were all related to alcohol. Both of the offenders, Omeasoo and Okeynan, were aboriginal persons with long histories of alcoholism and [...]
