Article content continued

Thériault said in an interview that the Crown is studying whether to appeal the Bellemare sentence. He said that this is the most serious case he has encountered where a defendant’s aboriginal background has led to a reduced sentence.

In this case, the crime was so serious that we felt the Gladue report should apply less

“Usually it’s things like simple assault or not respecting conditions imposed by the court,” he said. “In this case, the crime was so serious that we felt the Gladue report should apply less.”

David Milward, a law professor at the University of Manitoba, said he understands why a sentence like Bellemare’s could generate controversy. He suspects opinion would be split even in aboriginal communities, which have a strong interest in protecting children.

“On the counterbalance, how can you be more constructive when you have this pervasive history of abuse and degrading social conditions?” he asked.

“There are some specially unique circumstances that are involved with aboriginal persons that can be traced back to colonialism and residential schools.”

The defence had asked for a suspended sentence and three years probation. The judge said the fact that Bellemare denied in court that he burned the child, even though he earlier confessed to police, was cause for concern. Bellemare, who admitted to heavy methamphetamine use at the time of the assault, claimed that he thought the girl’s scars were from chicken pox.

A pediatrician testified that the scars were clearly caused by a cigarette and a lighter and that they would never disappear. The trial heard testimony from the victim identifying Bellemare as the attacker.

The girl said she “screamed and cried, because it hurt,” Lambert noted in his ruling finding Bellemare guilty. “She does not know in how many places the accused touched her with his cigarette.”

ghamilton@postmedia.com

Twitter.com/grayhamilton