Man to serve 1 ½ years for accidentally injuring infant while intoxicated

“He did try to plead guilty early on in the process,” his lawyer, Kathy Hodgson-Smith said after the sentencing. “And the process was very convoluted because it was very serious charges. So he ended up waiting three and a half years for the day he could plead guilty, essentially.”

The court said there was no intention on Fontaine’s part, Hodgson-Smith said. “But the court draws in a form of recklessness, I guess, which is to say, consumption of alcohol makes you vulnerable to causing harm.”

Senior Crown prosecutor Gregory Lyndon called the sentence a very significant one. “Justice Smith has imposed a sentence of five years, which I think meets the general thrust of my sentencing submission which is that we have to keep our children safe. A sentence of five years does denounce the conduct that Mr. Fontaine had engaged in.”

The charge stems from an August 3, 2010 incident on the Clearwater River Dene Nation in La Loche. According to the agreed statement of facts, Fontaine was left in the care of his daughter by his long-term partner, the girl’s mother, at their apartment. Before noon, he fed the baby, and then consumed a whole bottle of wine, as well as marijuana.

Fontaine then carried the baby towards her bassinette, but tripped over a swing-o-matic in the living room. They fell, and the baby’s head hit the floor. He checked the baby for injuries, saw none, and went to his niece’s home, leaving the baby alone. He told his niece to pick up the baby, and didn’t mention the accident.
His niece took the baby to her mother’s home, and they then took her to the hospital. The baby was then transported to Royal University Hospital later that day. She had bruising to the neck and lung contusions.

Fontaine was arrested that afternoon, and was found with half a bottle of hand sanitizer mixed with orange juice in his jacket.

Based on Fontaine’s lengthy criminal record, Lyndon requested a seven to eight-year sentence. The Parliamentary imposed maximum for the charge is a 10-year sentence. He noted that Fontaine’s record included 72 convictions, which spanned much of Fontaine’s adult life.

Smith pointed out that the last incident involving serious violence occurred in 1993. He characterized Fontaine’s record as one of a citizen who was a “chronic alcoholic misfit.”

When Lyndon introduced precedents to support his argument for the stiffer sentence, Smith told him “I’ve done all the pondering I need to do.”

“This is not Professor Moriarty here,” Smith said. “This is a marginalized citizen.”

Lyndon then noted that violence follows Fontaine, but Smith countered that the statement would be true if he were to sentence him to five or 15 years.

Hodgson-Smith, argued for a three to five-year prison sentence. She said the mitigating factor was that Fontaine tried to take responsibility for the incident from the beginning. As well, she said he was the girl’s primary caregiver since birth.

She also told the court that Fontaine recently received his residential school survivor payment and is remorseful about the incident.

Fontaine, prior to the judge pronouncing his sentence, stood in the witness box, and in a barely audible tone, expressed his remorse.

“I made a bad choice,” he said, looking at the judge. He told Smith he prayed and cried. “I’m really sorry for all of this.”

Fontaine then gave his sentence, and said the weight of the criminal record should be taken into account. He also imposed a lifetime weapons ban, which could affect Fontaine’s plans to become a traditional hunter and fisher when he is out of custody. He may be able to file for a traditional lifestyle application with regards to hunting.

Smith then addressed Fontaine directly. “I wish you the best of luck,” he said.

Outside of the courthouse, Hodgson-Smith characterized her client as a loving father who hopes to reunite with his family. “So, I guess time will tell.”

Fontaine has not been in contact with his child and Hodgson-Smith said she doesn’t think he knows where he stands with his children. She said he is dealing with many issues in his life.

“Certainly alcohol is an ongoing challenge for him. He’s been in and out of treatment centres over his lifetime, and I think very committed to continue the struggle and deal with it.”

tjames@panow.com

On Twitter: @thiajames

by Thia James

Man to serve 1 ½ years for accidentally injuring infant while intoxicated

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