- BC Games
Antoniuk sentencing delayed for Gladue report preparation
The preparation of a Gladue report is considered an important component before sentencing can proceed on Marvin Antoniuk Jr. on an aggravated assault charge in the arrow shooting of his father Marvin Sr.
As a result, sentencing was delayed at the 11th hour Tuesday morning in Duncan Provincial Court until a report can be done. A Gladue report is a type of pre-sentence report that takes into account Aboriginal backgrounds in sentencing.
Court proceedings revealed Antoniuk's mother has Aboriginal heritage and is a residential school survivor.
The funding issue for such a report came into question. A Gladue report is normally compiled through Legal Services but a Gladue component can be done by the Corrections department.
"I apologize for this delay,'' defence lawyer Jeff Arndt told Judge Susan Wishart. "This issue, I think, is important enough. The issue of funding should be resolved to allow the report to be prepared.''
Arndt said Antoniuk would remain in custody while the report is being prepared.
The Gladue report requires the court to take circumstances facing Aborginal peoples into account. It is a guiding principle and, in Antoniuk's case, the mixed family situation with his father and mother needed to be detailed further, Arndt indicated.
"I do believe it is relevant and highly-assistive to the court in passing sentence,'' he said.
Brad Tomlin, representing the Crown, had no objection.
"The component, I would suspect, could be completed within 30 to 45 days,'' he said.
Crown indicated it is seeking a prison term in the range of five years less time spent.
"Obviously, that would be subject to further input from the report,'' Tomlin said. "I don't think the prejudice outweighs the benefit of the adjournment.''
It remains in question whether a full Gladue report or a component will be completed.
"If there's no funding in place, that's nothing I have any control over,'' said Judge Wishart in granting the adjournment.
Antoniuk will appear by video next Tuesday when a new sentencing date will be set.
Antoniuk was originally charged with attempted murder after the incident Jan. 27 that led to the shooting of his father, but Crown elected to proceed on the aggravated assault charge.