Court Report

Drug dealer pleads guilty – put under house arrest in Edmonton waiting sentencing

Slave Lake
Provincial Court
December 2, 2020
Judge G.W. Paul

Braden Eric Foster appeared by phone from Edmonton Remand Centre. He pled guilty to 11 charges from three incidents. These were: possession of a controlled substance for trafficking (two), possession of a controlled substance (two), failure to comply with release conditions (five), and possessing property obtained by crime (two). Fourteen other charges and traffic tickets will likely be withdrawn at sentencing.

Sentencing was scheduled for April 12, 2021. However, the proposed sentence is expected to be four-and-a-half years, less nine-and-a-half months already served. The delay is for a presentence report.

An agreed statement of facts and a letter from Recovery Sciences, a company which does electronic monitoring, were presented as evidence, but not read aloud in court.

Foster was released on bail pending sentencing. Foster will be residing in Edmonton, wearing a GPS tracking bracelet, and under 24/7 house arrest. The bail is $5,000. There were also other strict conditions, including no contact with six people, no weapons, and to only have a cellphone with a monthly plan and to give the bill to his parole officer and police.

In reference to the cell phone, the Crown commented that this was not a ‘dial a dope’ situation, but that these were serious charges.

“That’s about as buttoned down as you can get,” said the Crown, about the bail conditions.

Bobby Gene Carmichael appeared via phone from Edmonton Remand Centre. He requested four charges, two for sentencing and two for summary disposition (guilty plea) be sent to Edmonton Provincial Court on Dec. 7. This was to join up with other matters for a global resolution. The two sentencing matters were failure to appear and possession of property obtained by crime. The two for summary disposition were theft under $5,000 and breach of conditions.

The Crown prosecutor sent an early case resolution to the Crown in Edmonton. This likely includes a guilty plea to one or both of the two for summary disposition.

Judge Paul commented that if Carmichael doesn’t deal with the matters in Edmonton, they would be sent back to Slave Lake.

Appearing by phone from Edmonton Remand Centre, Alexis C. Schnoeller (32) pled guilty to four charges. These all happened in High Prairie. The charges were breach of probation, mischief damage, failure to comply, and failure to attend court. Four other charges were withdrawn.

On July 24, 2019, Schnoeller was on three probation orders out of High Prairie, said the Crown. She failed to report. She’d been on probation since November 13, 2018.

On January 19, 2020, High Prairie RCMP received a report of vandalism, said the Crown. The victim said a woman had broken into one of his hotel rooms. She’d broken a window to get in. The man kicked her out. She was arrested later. Upon her arrest, she said she’d done it because she was cold.

On January 31, 2020, Schnoeller failed to report to her probation officer. The day before she failed to attend her trial, a warrant was issued and she was arrested. Her parole officer spoke with her in cells and she agreed to meet the next day, but didn’t.

On July 13, 2020, Schnoeller failed to attend court.

Schnoeller’s criminal record was admitted as evidence.

There are several similar convictions, said the Crown.

Schnoeller was born in White Rock, B.C., said duty council. She moved to Alberta as a child, and had a tumultuous childhood. She is addicted to alcohol, and had trouble reporting and attending court because she was transient and homeless.

“You have to deal with your addictions issues,” said Judge Paul to Schnoeller. “You’re old enough and smart enough” to deal with it.

Schnoeller’s sentence equaled time served. It was 10 days for breach of probation, seven for mischief damage, 14 for failure to comply, and five for failure to attend.

Dustin M. Chalifoux (20), from High Prairie, pled guilty to operation of a motor vehicle while prohibited.

On November 3, 2020, a Slave Lake RCMP officer went to assist a Town of Slave Lake bylaw officer at a traffic stop, said the Crown. The traffic stop was on Main St. The officer identified the driver as Chalifoux, who was prohibited from driving if he didn’t have an Interlock device. There was no Interlock device in the vehicle.

Chalifoux’s record consists of one very recent impaired driving, said the Crown.

Chalifoux was fined $700 plus a victim fine surcharge. Time to pay was given until May 5, 2021.

“If you get picked up again, you might go to jail,” said Judge Paul.

No further prohibition was imposed.

“You won’t get that break again, either,” Judge Paul added.

Elijah James Laboucan (22) pled guilty to assault, resisting a peace officer, assault of a peace officer, and failure to comply with conditions. Four other charges were withdrawn.

On July 26, 2020 at approximately 8 p.m. Slave Lake RCMP responded to a report of an assault, said the Crown. When they arrived at the residence, the victim was outside. His face was bloody. He said that Laboucan assaulted him. At the time, Laboucan was still inside the residence.

While police were speaking with the victim, Laboucan came out the front door, said the Crown. The officers told Laboucan that he was under arrest. Laboucan attacked them. He punched and kicked at the officers. Officers struggled to get him under control. It took the officers around two minutes. Even when the police had him under control, Laboucan continued to resist arrest.

In court, Laboucan admitted to striking the victim and the facts which were read in.

The next day, July 27, 2020 at approximately 10:20 p.m., Slave Lake RCMP received a complaint of an unwanted man in a residence, said the Crown. Laboucan was under conditions not to be in the residence. Police found him inside.

Laboucan’s previous record consisted of two mischiefs – one each in 2018 and 2019.

There were no drugs or alcohol involved in the incident, said duty council. Laboucan was arguing with the victim. “His emotions boiled over.”

Both the Crown and duty council agreed that a sentence served in the community with the condition to attend anger management made sense. However, the Crown suggested probation and duty council suggested a conditional sentence.

“I’m fine with offering you an opportunity to not add to your record,” said Judge Paul.

Laboucan was sentenced to a 12 month conditional sentence. This had the statutory conditions, no contact with the victim, to report, and to take assessment, counselling, or treatment as directed, with a focus on anger management.

If Laboucan does not breach his conditional sentence or get charged for a criminal offence within one year completing it, the convictions will be removed from his record.

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