The sentencing of Chief Duane Antoine, former chief Teddy Antoine, and six others accused in the Treaty Land Entitlement theft case on Poundmaker First Nation has been pushed back to March 8.
Lawyers for all the defendants in the case requested and were granted the adjournment in North Battleford Provincial Court Friday by Judge Dan O'Hanlon.
The reason for the adjournment had to do with numerous victim impact statements that were obtained by prosecutors and filed with the court. Defence counsel indicated they had not received the letters.
The adjournment was granted to allow the defence cousel to review the letters and make further submissions when the case comes back to court in March. It is expected the sentences will be handed down at that time as well.
All eight of those accused, including both Duane and Ted, pled guilty last fall to theft under $5,000 in connection to the case. The guilty pleas were in connection to allegations that the eight received illegal payouts from the reserve's Treaty Land Entitlement trust fund that had been reserved for land purchases and land development on the First Nation. Three had also pled guilty to an additional theft over $5,000 charge.
Arguments on sentencing had been presented the week before in provincial court, with the Crown calling for a suspended sentence and lengthy probation in the case of both Antoines. Also at issue was restitution, and Judge O'Hanlon also made clear he was considering whether to impose a ban on either of them holding office - an idea strongly opposed by defence counsel.
The main discussion in court Friday was the latest victim impact statements filed, many of which the judge noted were "inflammatory" in nature.
The courtroom was filled with people from Poundmaker First Nation, including several known supporters and opponents of the current chief and band council.
Defence lawyer Ivan Frank, representing both Duane and Ted Antoine, made clear in his comments the case had turned political on the reserve. He told the court that many members of Poundmaker First Nation had come forward, wanting to provide victim impact statements.
"This is not going to turn into a political referendum," said Frank.
Frank also made clear his concern the victim impact statements might have influenced the judge, and requested he recuse himself from the case. Judge O'Hanlon declined to do so, saying he was satisfied he could give a fit and proper sentence.
In any event, defence counsel and the Crown have agreed to the adjournment, with the sentencing returning to provincial court March 8 at 10 am.
