Manitoba man gets lighter manslaughter sentence due to Indigenous status
A Manitoba man who stabbed an acquaintance to death in “an unprovoked attack” over a missing cellphone has seen his prison sentence reduced by a year due to his Indigenous status and because he took his victim to hospital, where the man later died from internal bleeding.
Dean Richard Bell pleaded guilty to manslaughter for “fatally” stabbing Calvin Chartrand on Jan. 13, 2024, while they were walking past each other on Main Street in Swan River, Man.
“I would impose a sentence of eight years,” provincial court Judge Geoffrey H. Bayly wrote in a recent decision.
“However, I believe that the Gladue factors relevant to this offender mitigate his moral culpability. Additionally, the fact that he made efforts to ensure his victim received medical treatment is also significant. Taking these two considerations into account, I will impose the jointly recommended sentence of seven years’ custody.”
Gladue principles were set out in a Supreme Court of Canada decision over a quarter century back. They indicate sentencing judges must consider the unique circumstances of Indigenous offenders, as well as systemic issues like the impact of residential schools, to address the over-representation of Indigenous people in Canada’s prisons.
Bell, now 31, was the “aggressor” who instigated the confrontation with Chartrand, “and deliberately escalated the conflict by producing and using a knife,” said the judge. “The attack was unprovoked, preemptive, and akin to an act of revenge. Furthermore, (Bell and his half-brother) engaged in a two-on-one assault against the victim, who was vulnerable due to being outnumbered and unarmed.”
But some factors, including Bell’s Indigenous status, suggest his “conduct may lean toward a lower degree of culpability,” Bayly said.
“The offender’s history of victimization, trauma, and cultural disenfranchisement is intricately linked to our country’s shameful legacy of colonialism and attempts at cultural genocide,” said the judge.
Bayly noted “Chartrand lost his life needlessly due” to Bell’s actions.
“It is crucial to consider the degree of force and brutality involved, as well as whether the crime was premeditated, deliberate, or provoked,” the judge said. “Additionally, the impact of systemic and historical disadvantages faced by Indigenous offenders must be acknowledged to fully contextualize culpability.”
The court heard the circumstances behind the stabbing “began to unfold a few days before” Chartrand’s death.
The two men were together at a home when Chartrand asked Bell to leave, said the sentencing decision, which notes Bell refused.
“This refusal was not received well, and a confrontation occurred,” said the judge.
Bell, “later, would tell the RCMP that (Chartrand) had threatened him and taken his cell phone.”
Fast forward to Jan. 13, 2024, when Bell was drinking beer and playing video games at the home where he was staying.
“At some point, he was joined by his older half-brother, Tyrone Guiboche,” said the judge. “In the early evening, the two brothers went for a walk together along Main Street in Swan River.”
By chance, they encountered Chartrand and his girlfriend, Danielle Audy, “who were also walking along on Main Street, but on the opposite side of the street,” said the judge.
“After seeing Chartrand, the offender and his brother verbally confronted him and demanded the return of the missing cell phone. The brothers initiate a physical altercation in the middle of the road, with the offender producing a knife and stabbing Chartrand twice — once in the face and once in the left buttock.”
It is worth noting, Bayly said, “that the stab wound to the face occurred first, and after it happened, the offender’s brother said words to the effect ‘that’s enough.’ However, the attack did not end, and moments later, Tyrone Guiboche joined in by physically attacking the victim. The offender, with his brother assisting, stabbed Chartrand a second time, this time in the buttock, inflicting a fatal wound.”
Chartrand “wailed” after the second stab wound, said the judge, which stopped the attack.
“Perhaps cognizant of the seriousness of the situation, the two brothers stopped attacking and decided to help by assisting Chartrand to the Swan River Health Centre,” said the judge.
“Unfortunately, Chartrand later died at the hospital from internal bleeding caused by the stab wound to the left buttock, which severed the internal iliac artery.”
Bell later “admitted to police that he stabbed Chartrand but claimed he acted in self-defence, citing previous threats and the taking of his phone,” Bayly wrote in a decision dated Oct. 2.
Bell “was raised primarily in the community of Birch River, Manitoba, by his father,” said the judge.
Their relationship is strained, and they haven’t spoken for four years due to the son’s substance abuse issues and “lifestyle choices,” Bayly said.
“He has experienced significant family loss, including the suicide of a sister and the recent death of a brother in a motor vehicle accident,” the judge said of Bell.
After reaching the age of 18, Bell reported “consuming alcohol daily,” said the decision. “He began using marijuana at age 15. He started using methamphetamine and cocaine around age 26, often consuming in binges lasting about a week on each occasion. So pervasive was his abuse of methamphetamine that he began experiencing auditory hallucinations and has been treated with antipsychotic injections for methamphetamine-induced psychosis, both in the community and in custody. He reports that the medication helps reduce the voices.”
The court heard Bell left school, where he was bullied, in Grade 11, and has held several jobs since, including gas station attendant, hardware store clerk, and with a town work crew.
Bell described himself as being “socially awkward,” said the decision, which notes he “has been a victim of multiple assaults and that he chooses to carry a knife for ‘protection.’ In terms of his connection to culture and community, the offender has a limited connection to Indigenous culture but is interested in learning more.”
RCMP officers found Bell’s half-brother, Guiboche, who was wanted for manslaughter, earlier this week after tracking him down to a home in Swan River.
“As officers were attempting to arrest him, he broke free and fled out the back door,” said an RCMP news release describing the 41-year-old’s Oct. 6 capture.
“A short foot pursuit ensued, and police were forced to deploy their conducted energy weapon (Taser) to get him to comply. While officers were arresting him, he continued to fight while being placed in handcuffs and in the process, two officers sustained minor injuries.”
In addition to manslaughter and failing to attend court, Guiboche is now facing two counts each of resisting arrest and assaulting a police officer.
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