A man convicted of assault in Prince Albert is waiting for sentencing to give his lawyer time to dig for information about his mental health condition.
Gary Janvier was found guilty of seven charges following his trial in May, including assault with a weapon. This stemmed from a string of incidents that occurred in February 2023.
Janvier was also initially charged with sexual assault and forcible confinement.
While two psychiatric assessments found Janvier fit to stand trial, his defence lawyer Michael Nolan asked for an adjournment in order to clarify whether or not Janvier has been diagnosed with Fetal Alcohol Spectrum Disorder (FASD).
It’s also unclear whether he’s been formally diagnosed with schizophrenia.
Speaking to the victim’s parents, who have attended all of Janvier’s proceedings since the assault, Justice Richard Elson said he would “be making an error of law” if he didn’t consider Janvier’s potential FASD.
“I hope you will bear with me and I hope you will be patient in that regard,” he told the family members.
Elson explained that, in Canada, FASD can be considered a mitigating factor and reduce the length of a sentence. If he doesn’t consider possible FASD, the Court of Appeal could request Janvier’s case to be heard again.
Nolan replaced Janvier’s previous lawyer after their “relationship had soured,” according to Elson.
He said Janvier “wasn’t being very cooperative” when his previous lawyer tried to gather more information for the sake of Gladue factors.
Gladue factors consider an Indigenous person’s involvement in crime due to poverty, substance use, and trauma stemming from residential schools, to name a few.
“I’d like to get the opportunity to explore this,” said Nolan.
“I’d like to get him off this merry-go-round,” he added, referring to Janvier’s tendency to re-offend.
Nolan added that Janvier has spent a significant amount of time in segregation while on remand, although he won’t say why.
Crown prosecutor MaryAnne Larson said further delays “would just be a waste of time” since Janvier’s criminal history spans 17 years and little is known about Gladue factors in his favour.
The case has been adjourned to Aug. 22.
