‘You can’t bother another liquor store, Mr. Auger?’ – judge
September 15, 2021
Judge R.B. Marceau
Harlon Donovan Auger (aka. Donovan Jared and Harlon Jared), 32 of Slave Lake, appeared from Edmonton Remand Centre. He pleaded guilty to various charges which ranged in date from Sept 20, 2019 to July 3, 2021. These were at large in Canada (x2), assault, shoplifting under $5,000 (x3), and disguise with intent. The Crown prosecutor withdrew other charges.
The two at large in Canada charges arose from Auger not showing up for his weekend custody at the Slave Lake RCMP detachment. He was ordered to serve 28 days – three days at a time in Slave Lake. He was required to turn himself in clean and sober by 7 p.m. on Friday. He served some weekends, but didn’t show up on Sept. 20 or Oct. 4.
Both escapes were brief.
On Sept. 20, the RCMP found him by 7:20 p.m. behind his favourite liquor store in Slave Lake, said the Crown. On Oct. 4, the RCMP found him at 10:40 p.m.
On October 7, 2019, Slave Lake RCMP received a report of an assault in progress at a Slave Lake convenience store, said the Crown. Auger fled before police arrived, but they watched the video footage. Auger was in the store. The clerk told him to leave as he was under conditions not to be in the store. Auger tried to steal some items. The clerk intervened. Auger pushed the clerk. Punches were exchanged. They ended up on the floor a few times.
Auger pleaded guilty to assault.
In November 2019, Auger walked into the same liquor store as previously, said the Crown. He was wearing a mask, with his hood up and face hidden. He was under conditions to not be in that store and to not have alcohol. Auger took two bottles. An employee stood in his way. Auger tried to push by him. The employee rescued the bottles from Auger and put them on the counter. Auger left the store.
Auger pleaded guilty to shoplifting under $5,000 and disguise with intent.
There’s a break of over a year in the crimes. Then Auger shoplifted twice within five days at the same liquor store as before.
On June 29, 2021, Auger entered the same liquor store, said the Crown. He stole a bottle of vodka. Earlier in the day, he’d tried to steal one, but a customer intervened.
On July 3, 2021, the Slave Lake RCMP asked Auger to leave the hospital, said the Crown. He was wearing a dirty white T-shirt. A little later they received a report of shoplifting at the same liquor store a before. The clerk reported an Indigenous man in a dirty shirt had stolen a bottle of vodka. Auger was outside the store drinking it. When police arrived, they found Auger under a tree by the store, dressed in a dirty white T-shirt, opening a bottle of vodka.
Judge Marceau asked how many liquor stores there are in Slave Lake. Then he asked, “You can’t bother another liquor store, Mr. Auger?”
The majority of Auger’s criminal record is thefts of alcohol from this same store, said Judge Marceau. “It’s pretty clear he’s an alcoholic.”
The defence counsel mentioned Gladue factors and Auger’s diminished mental capacity and impulse control.
The Crown requested custody of seven to 21 days per offence. Defence suggested probation.
“He’s a poor candidate for probation,” said Judge Marceau. He has many breaches and didn’t show up for some of his intermittent sentence.
Probation may be “setting himself up for failure,” admitted the defence. He requested that Auger receive credit for time in custody. With credit of 1.5 days per day in jail, he had 60 days presentence credit.
Auger asked Judge Marceau for a second chance.
“You’ve had a lot of second chances, sir,” Judge Marceau replied. “The RCMP were very generous” both the assault and shoplifting while disguised were robberies – a more serious offence. Also, the Crown’s recommendation is “most generous,” he added.
My friends told me to wear the disguise, said Auger. “I won’t do it again.”
Auger was sentenced to 77 days, less credit for 60, so 17 left to serve. These were 14 days each for at large in Canada (x2), assault, (in Nov. 2019) shoplifting and disguised with intent. All but the last one were consecutive. For the 2021 crimes, Auger was sentenced to 21 days for the first shoplifting and seven days concurrent for the second one. The difference appears to be the altercation with the clerk.
Tyler J. Yellowknee (32) entered a guilty plea to failure to comply with probation.
On July 29, 2020, Yellowknee was released from jail, said the Crown prosecutor. He contacted probation and was told to call back on August 11. He did not call. On Aug. 27, a probation officer noticed Yellowknee trying to get into the office. It was still closed to in-person clients because of COVID-19. However, on that day the probation officer went over the probation conditions with Yellowknee. One of the conditions was to report. The next reporting date was Sept. 23.
From Sept. 23 to Oct. 28, 2020, Yellowknee did not contact probation, said the Crown. A warrant was issued for his arrest. He was picked up in August 2021.
Judge Marceau told Yellowknee that since it took so long for him to be arrested, he appeared to not take his one-year probation seriously. Instead, Yellowknee “blew it off,” Judge Marcea added.
The Crown and duty counsel submitted a joint submission for $500. The mitigating factors were this was a guilty plea on the first appearance. Also, Yellowknee’s last breach was from 2014 or 15.
Yellowknee waived his right to a Gladue Report.
Judge Marceau took into account that Yellowknee is Indigenous.
Yellowknee was fined $500 plus a victim fine surcharge of $150. If he doesn’t pay the fine, he must spend five days in jail. He received time to pay until January 31, 2022.
Peter Patrick Anderson, from Edmonton, pleaded guilty to a traffic ticket for driving while unauthorized.
On May 14, 2021, Anderson drove on a highway in or near Slave Lake while unauthorized to drive, said the Crown.
Anderson was fined $300. If he doesn’t pay the fine, he has to spend 14 days in jail. He received time to pay until January 31, 2022.
The province may also add a driving suspension, Judge Marceau told Anderson.
A youth pleaded guilty to driving without insurance. The Crown withdrew two other tickets.
The youth was driving near Canyon Creek on August 7, 2021, without insurance, said the Crown.
Duty counsel asked for a reduced fine because the youth was under 18.
The youth was fined $500, with no days in jail if the fine is unpaid. He received time to pay until November 30, 2021.
Sean Matthew Daniels, from BC, did not appear. Duty counsel entered guilty pleas to two traffic tickets on his behalf. These were driving while unauthorized and driving without insurance.
The offense date was September 20, 2020, said the Crown.
The guilty plea was not early. However, as the minimum fine for no insurance is so high, the Crown sought that and only $300 for driving while unauthorized.
Daniels was fined $3,000 for driving without insurance and $300 for driving while unauthorized. If he doesn’t pay the first fine, he spends 45 days in jail. If he doesn’t pay the second, he spends 14 days consecutive to the first. He received time to pay until March 31, 2022.