Aboriginal court case could break new ground in Okanagan
PENTICTON – A woman facing sentencing over a litany of conditional sentence and personation breaches and minor thefts may soon make legal history in Penticton.
Mae Lynnette Postel’s sentencing led both counsel and Judge Gregory Koturbash to look into the possibility of diverting her case to a form of aboriginal justice known as a 'sentencing circle.'
If they are successful, it may be the first sentencing circle in the Okanagan, though they have been used in other parts of the province, including Kamloops.
Postel appeared by video in Penticton court Tues, June 16, on a host of charges stemming from an incident on Feb. 11, 2015, when she was caught speeding on Skaha Lake Road in Penticton. Postel, who was prohibited from driving at the time, used her sister’s driver’s license number and was issued a ticket in her sister’s name.
Investigation revealed Postel's keyword failed to match her sister’s license, and subsequent investigation revealed Postel’s suspended driver’s license.
It was also discovered Postel was on a conditional sentence, which meant she wasn’t to be out of her home at that time of day, except to attend classes at the En’owkin Centre on the Penticton Indian Band reserve.
Police attended the centre, and found she hadn’t attended class. Later that day they spotted her on the street and arrested her.
Crown Prosecutor Catherine Crockett asked Koturbash to consider sentencing Postel to jail for the rest of her conditional sentence — 79 days — noting her long history of personation charges and behaviour continued even while on a conditional sentence.
“My client is 29 years old. This is a perplexing situation,” defence lawyer James Pennington said. "We thought things were going well, and suddenly we’re met with this.”
He described his client as healthy and not on drugs.
“She does well in jail. But we can’t keep her in jail forever. She’s an articulate person — if she can find the right road, she’ll do well," he said.
Judge Koturbash noted Postel’s 'horrendous' upbringing, describing her as the child of residential school survivors. He asked if she was interested in having a second Gladu report prepared, noting her case as having 'the systemic factors aboriginal people suffer from.'
Postel declined, saying nothing had greatly changed in her life to warrant another Gladue report.
Judge Koturbash then asked Postil if she was interested in going to aboriginal court and attending a 'sentencing circle,' to which she said yes.
“We’re breaking some new ground,” defence counsel James Pennington said later. “The judge has participated in a sentencing circle, I haven’t and the prosecutor hasn’t.”
Sentencing circles were part of the aboriginal justice system and had come into practise as a way to accommodate the large per capita percentage of aboriginals who make up the prison population.
“I don’t think we’ve had a sentencing circle in the Okanagan. There is an aboriginal court in New Westminster, but generally the circles are made up of members from the accused’s community,” Pennington said.
With both counsel agreeing to apply for a sentencing circle in Penticton, Postel’s sentencing hearing was adjourned to gather more information and fix a date for further sentencing.
To contact the reporter for this story, email Steve Arstad at sarstad@infonews.ca or call 250-488-3065. To contact the editor, email mjones@infonews.ca or call 250-718-2724.
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8 responses
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Good plan. More of this approach needed; more on educating the ‘public’ processes needed, too.
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I think the more we can make relevant sentencing for all people the better off we are….the Aboriginal component of sentencing does not give Aboriginals a “free pass”, it merely gives us a more level playing field…..all other people being sentenced have the right to have the Judge consider all the factors surrounding the person leading them to do wrong, can’t see why it can be considered a way for natives to avoid the consequences of their actions……sentencing circles have made a positive impact on outcomes for Aboriginal offenders and victims………thesame as the “victim / offender reconciliation” that has been implemented for sentencing as an alternative….
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Quote:”a new way for the natives to get out of not having to stand up and do the right things as the rest of us have to.” Obviously you have NO idea about sentencing circles. The first step to accepting this process is to take responsibility for your actions and accept guilt. The RCMP are already using this process for non-Aboriginal offenders, so finally it is happening for someone who obviously needs it. If she does so well in prison, she is able to work the system. Time to change the script.
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Have you even read some of the consequences handed out as a result of sentencing circles? As a Certified Restorative Justice facilitator I know that some of the results of this process are more effective and meaningful than the provincial deterrence methods. This process is used world-wide and has proven to lower re-offending rates. This process is also being used by the RCMP already for non-aboriginal offenders. If there were no consequences, it wouldn’t be working.
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Patricia M Hewson are you an educator in the post secondary sector? You need to upgrade your attitude to education and get off the ignorant train. Too many in todays academy for real academic learning to happen.
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pretty racially charged comments from an obviously ignorant person. It’s not at all about “not standing up to do the right things” its about recognizing the sever impacts of the genocide commited agianst First Nations people at the hands of the Canadian government and how it STILL affects people today. It’s about changing the way they hand out punishment with the intent to actually make a difference in her sentencing and potential to heal and become a productive member of her community. This is a great way to hold her accountable and possible impactg her life in a meaningful way.
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Here we go now with the ” Residential school Parents ” a new way for the natives to get out of not having to stand up and do the right things as the rest of us have to. She knew what she was doing was wrong by impersonating someone else and speeding, driving when she should not and being out when she should not at that time of night. Now our courts are going to give all people with parents ( From Residential schools ) easy ways out because it was just in the news……I am not saying those people were treated right..it was shameful how they were treated and how many died but lets not start letting them think they can do what ever they what, when ever they want.
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