Woman sentenced to two years for drug offence

Slave Lake
Provincial Court
February 16, 2022
Judge R.B. Marceau
presiding

Toni Belinda Lee Cunningham (32) appeared via closed circuit video from Edmonton Remand Centre. She entered guilty pleas to possession of a controlled substance for trafficking and some minor offences.

On June 3, 2021, a Slave Lake RCMP officer noticed a white Jeep in a parking lot, said the federal Crown. The licence plate was not registered to that vehicle. The officer called for backup. The two officers approached the vehicle. Cunningham was on the driver’s side cleaning a tire. She claimed not to have any identification, but showed a recent bill of sale for the vehicle. She gave the officers three false names, which did not come up in the system.

The officers arrested Cunningham, said the Crown. She then gave another name and address in Atikameg, which popped up. The officers thought Cunningham was telling the truth, so let her go with traffic tickets. However, at the detachment they looked at photos of the person named and realized she lied.

The officers then searched further, and figured out it was Cunningham. She was wanted on various warrants. The officers returned. Cunningham was still there. They arrested her. She had a black backpack. In the backpack were 23.4 grams of methamphetamine in small bags, two scales, a book which appeared to be used as a score sheet, and more small bags.

Starting at the end of June 2021, Cunningham was on probation, said the federal Crown. One condition was to report. Another was to be under house arrest at someone else’s home on Peavine Métis Settlement. On September 9, probation learned from the person whom Cunningham was supposed to be living with that she no longer lived there. She did not report as directed on September 14th. The probation officer followed up, but Cunningham did not respond.

Cunningham pleaded guilty to two breaches of probation – failure to report and failure to live at an approved address.

On January 5, 2022, the RCMP went to Gift Lake in search of Cunningham, the court heard. They knocked on the door. They saw Cunningham at the window, but she didn’t answer the door. They requested a warrant, received one, and arrested her. She was under conditions not to be in Gift Lake, Atikameg, Slave Lake, and other nearby communities.

Cunningham’s record started in 2014, with the most recent conviction in 2021.

The federal Crown and defence recommended a joint submission of two years for possession of meth for trafficking, seven days concurrent for obstruction, and fines for everything else.

Cunningham is a member of Whitefish Lake First Nation, said the defence. She grew up in Atikameg. There are various Gladue factors. She has a Grade 7 education, spent time in foster care, and started drinking at a young age. Her grandparents attended residential school. She says she’s kicked her alcohol addiction, but is now addicted to meth and harder drugs, added the defence.

For possession of meth for trafficking, Cunningham was sentenced to two years and firearm prohibitions. The prohibitions are 10 years from her release for some weapons and life for others.

Cunningham received seven days for obstruction, and three fines of $300 for the breaches. The fines were converted to two days each. All sentences were concurrent.

Jonathan Peter Sam Trindle (22), of Trout Lake, was scheduled for trial. However, since he was out of custody the COVID restrictions meant that the trial would have been adjourned. Instead, his lawyer entered changed pleas of guilty to three charges. The Crown withdrew others. Trindle was prepared to appear by phone from Trout Lake, but he was not required.

Trindle pleaded guilty to a lesser and included offence of possession of a controlled substance. He had been charged with possession of a controlled substance for trafficking. He also pleaded guilty to obstructing a peace officer and a breach.

On April 30, 2021, the RCMP were about to search a home in Slave Lake, said the federal Crown prosecutor. They witnessed what appeared to be a drug deal. Trindle was one of the people involved. He entered the house they were going to search. When he left the home, the police arrested him. He had 8.9 grams of methamphetamine in his possession. It was divided into smaller bags.

Trindle gave a false name, the court heard. The RCMP couldn’t find that name in the system. They sent a photo of Trindle to the Red Earth RCMP. Those officers identified the man as Trindle. He was under conditions to not possess any controlled substances.

Trindle is a member of Peerless Trout First Nation, said the defence. He has a Grade 8 education, is unemployed, and addicted to meth. He’s been sober for two months. He was arrested on April 30 and not released until June 2, so has over 30 days of presentence custody.

“The record’s horrible,” said Judge Marceau. Trindle’s criminal record starts in 2015 as a youth record and continues uninterrupted through 2021.

The Crown and defence suggested a joint submission of fines.

For the meth, the street value is around $100 per gram, said the Crown. The fine should reflect that.

Trindel was fined $900 (seven days) for possession of meth, $300 (two days) for obstructing a peace officer, and $600 (five days) for the breach. All fines were converted to days in custody and equaled time served.

Kendra Tassie Kay Blachford (20), from Slave Lake, did not appear. She was in custody. Her lawyer entered guilty pleas on her behalf. The Crown withdrew some charges.

On April 4, 2020 at 12:49 a.m., Slave Lake RCMP received a report of someone trying to break into a black Mustang in the parking lot of a Slave Lake apartment building, said the Crown. The vehicle alarm was going off and witnesses saw someone trying to get into the vehicle. When the police arrived, they saw Blachford in the driver’s seat. The driver’s window was broken. The officers approached the vehicle, but Blachford left the car and ran toward the building. The officers caught her within 300 metres. She admitted breaking the window.

Blachford pleaded guilty to mischief damage under $5,000 and obstructing a peace officer.

On January 19, 2022 and two other dates, Blachford did not come to court.

Blachford is Métis, said the defence. She grew up in Slave Lake. She has a Grade 9 education, started drinking at a young age, and is abusing alcohol and drugs. This is her first adult conviction, but she has more charges pending throughout the province. Although she is in custody, she isn’t seeking credit for presentence custody because she had more serious matters in other courts in Alberta on the same day.

It is very unfortunate, said Judge Marceau. With this conviction, her youth record will likely follow her for a long time to come.

Blachford was fined for all offences. These were converted to days in custody. For the first failure to appear, she was fined $100 (zero days). For the next two, she was fined $200 each (two days). For mischief damage, she was fined $1,000 (eight days) and ordered to pay $700 of restitution. She was fined $200 (one day) for obstruction. All sentences are to be served consecutively.

Lyle Robbie Nanooch (22) was in custody in person. At trial, he changed his plea to guilty to failure to comply with probation. The Crown withdrew some other charges.

In the fall of 2019, Nanooch was sentenced to 60 days and 12 months probation, the court heard. His earliest release date was Dec. 17, so he was ordered to report to probation by Dec. 19. On Dec. 19, he contacted a Slave Lake probations officer. He said he was still in Edmonton, but planned on moving to Kinuso. He didn’t know that address. He as told to report either to someone at the High Prairie officer or to the Slave Lake office on December 23. He did not report.

Did he blow off the whole 12 month probation? asked Judge Marceau.

Yes, said the Crown. He had no further contact with probation. He was also supposed to take treatment, assessment and counseling, which he did not.

Nanooch has a lengthy criminal record.

The Crown and defence recommended 30 days in jail.

Nanooch is a member of Little Red River First Nation, said the defence. His mother died when he was five.
He doesn’t have a relationship with his father. He was raised by an aunt, who he says is a wonderful woman. All of his grandparents attended Indian residential school, but it isn’t talked about in the family. Nanooch used to be addicted to alcohol, but says he has kicked it. However, he is now addicted to meth.

Judge Marceau is familiar with Little Red River FN, which is by Fort Vermillion. It is impoverished and has a lot of alcohol problems and abuse, he said. Nanooch receives full credit for the Gladue factors.

Considering Nanooch’s record, Marceau was surprised that anyone would put Nanooch on probation. Although there are obviously underlying issues that he could use help with.

“Now you’ve blown off the help,” Marceau said to Nanooch.

Nanooch was sentenced to 30 days. He was given credit for 20 days, which at a rate of 1.5 days to one equalled time served.