Calgary Man Receives Reduced Sentence for Assaulting 12-Year-Old

A man from Calgary has received a reduced prison sentence for sexually assaulting a 12-year-old girl, which has sparked significant public debate regarding the application of Indigenous justice principles. The Alberta Court of Justice sentenced the man, referred to as RJM, to eight years in prison, decreasing the original recommended sentence of ten years by two years based on his Indigenous heritage.

The victim, identified as AB, was subjected to repeated sexual assaults by RJM, who is of Cree descent on his mother’s side. According to Justice Jayme Williams, RJM met AB on Instagram and initiated a relationship that escalated into a pattern of abuse between the spring and fall of 2023. RJM was 25 years old at the time of the offenses.

In the court’s decision, Justice Williams detailed the nature of the assaults, highlighting that RJM not only inflicted physical harm but also psychological terror on the young girl to maintain control over her. The judge noted that RJM’s actions were characterized by a blatant disregard for AB’s well-being, stating, “The offender repeatedly had sexual intercourse with her knowing that he held the power in the situation.”

RJM’s lawyer had argued for a six-year sentence, citing mitigating factors related to his background. The Crown, on the other hand, had sought the ten-year term based on the severity of the crimes. Justice Williams acknowledged that, “But for his Gladue factors, I would have imposed the sentence sought by the Crown.” The Gladue principles require judges to consider the unique circumstances of Indigenous offenders and the systemic issues that contribute to their over-representation in the criminal justice system.

In his ruling, Justice Williams outlined RJM’s difficult upbringing, which included experiences of poverty, homelessness, and a history of trauma. “He has existed for extended periods of time in his life in a state of severe poverty or homelessness,” the judge stated. RJM’s childhood was marked by significant challenges, including being placed in foster care where he experienced abuse and separation from his siblings. These factors, according to the judge, shaped RJM’s worldview and behavior.

The court heard harrowing details of the assaults, including instances where RJM physically attacked AB, threatening her life and that of her mother. He was reported to have dragged AB by the hair, punched her, and even threatened to kill her, saying she was a “dead slut.” He faced multiple charges, including making threats and leading police on a dangerous pursuit before his arrest in September 2023.

Police became involved after AB’s friends alerted them to RJM’s aggressive messages. These texts included threats to harm AB and her family, prompting police action. On September 11, 2023, after a series of threatening texts, police arrested RJM following a high-speed chase that lasted over 26 minutes, during which he reached speeds exceeding 140 kilometers per hour, ran red lights, and caused damage to property.

Upon his arrest, authorities discovered disturbing materials in RJM’s possession, including a folder labeled “BOOM FOLDER,” which contained instructions on making explosives. RJM had also made numerous attempts to contact AB while in custody, violating court orders and trying to persuade her to recant her testimony.

Justice Williams emphasized the gravity of RJM’s actions, noting that he was engaged in a sexual relationship with AB for over three months, fully aware of her true age for a significant portion of that time. The judge pointed out that RJM’s conduct was intentional and that the psychological impact on AB would be long-lasting.

The decision has raised questions about the balance between recognizing systemic issues faced by Indigenous individuals and ensuring justice for victims of serious crimes. The application of Gladue principles in this case has sparked discussions about the broader implications of sentencing practices in Canada, particularly concerning Indigenous offenders.

As the community grapples with this case, the focus remains on the need for effective measures to protect vulnerable individuals and address the root causes of criminal behavior, ensuring that justice is served for all parties involved.