Yet another example of legal ‘Aboriginal Privilege’. She only served 1/4 of her sentence…
“A former councillor of the Squamish ‘Nation’ {a ‘nation’ of 4,388 people} who defrauded the tribe out of more than $855,000 has been granted day parole after serving one year in prison for her crimes. Former ‘Nation’ co-chair and department head Krisandra Lenore Jacobs, 59, was handed a four-year jail sentence a year ago in North Vancouver provincial court after previously being found guilty of fraud and theft, following a lengthy {and therefore, expensive} trial.
“Jacobs was granted day parole Oct. 17 following a community assisted parole hearing held recently in Squamish. As part of that process, available {only} to ‘Indigenous’ {sic} offenders, Jacobs faced between 60 and 70 members of the Squamish ‘Nation’ community, during which “she apologized to [members of the community] and let them know she would like to be reintegrated into the community”, according to a letter sent out by the Squamish Nation Council.
“At the time of sentencing, the judge said Jacobs’s breach of the trust placed in her as both an elected councillor and high-level employee of the ‘Nation’ called for a jail sentence to act as a deterrent.
“At the time of the fraud, between April 2011 and May 2014, Jacobs was one of two people in charge of an emergency fund meant as a fund of last resort for Squamish ‘Nation’ members in need. Usually, requests for emergency assistance came through legitimate channels and were backed up with proper documentation afterwards.
“But during the trial, several witnesses who worked in the tribe’s finance department described how Jacobs had set up an additional “shadow process” that she used to circumvent those controls, often calling in employees on weekends to issue cheques to her. A spreadsheet referred to during the trial revealed many of the withdrawals Jacobs made after she deposited the cheques were at ATMs near casinos in both the Lower Mainland and Squamish.
“Her defence lawyer John Turner had argued that Jacobs should receive a lighter sentence – two years in jail – because her fraud was committed as a result of a gambling addiction, which he described as the “overriding factor” in her crimes {So what?}.
“At her parole hearing Jacobs “took full responsibility” for her actions, according to a written decision released by the board. “You told the board you recognize you have hurt people”, the board wrote.
“In her hearing, Jacobs told the board it was important for her to come back to her home so she could apologize to the leaders and staff of the community, according to the written decision.
“Jacobs has taken part in support programs, including those incorporating ‘Indigenous practices’ and counselling for gambling addictions while in jail and has made “significant progress”, according to the parole board. The parole board also commended Jacobs for taking part in the community hearing. “This was courageous and demonstrates a commitment to openness and healing”, the board wrote.
{Far more empathy for the criminal than her victims. It reads more like a defence attorney’s statement than a judgement!}
“Conditions of Jacobs’s six-month day parole include being banned from being in any position involving managing finances for any other individual, charity, business or institution. Jacobs is also banned from gambling and from entering a casino or other gambling location, according to the parole board.”
–‘Former Squamish Nation councillor jailed for fraud granted day parole’,
Jane Seyd, North Shore News, Nov. 1, 2023
Previously:
“A former councillor of the Squamish ‘Nation’ who defrauded the tribe out of over $855,000 has been sent to prison for four years for her crimes. Judge Lyndsay Smith handed the jail sentence to former ‘Nation’ co-chair and department head Krisandra Lenore Jacobs, 58, Friday morning in North Vancouver provincial court.
“Jacobs was sentenced after being found guilty of charges of fraud and theft over $5,000 from the Squamish ‘Nation’ 11 months ago, following a lengthy trial.
“Smith said Jacobs’s breach of the trust placed in her as both an elected councillor and high-level employee of the ‘nation’ called for a jail sentence to act as a deterrent. That is needed to protect “not just the Squamish ‘Nation’ but all such ‘nations’” vulnerable to similar crimes, the judge said.
“The judge noted Squamish ‘Nation’ has no hope of getting back any of the nearly $1 million Jacobs stole, and the forensic audit that eventually led to the RCMP investigation and charges had cost the tribe a significant amount. Jacobs was in “a position of full power and privilege”; yet, took advantage of that to take money from funds intended for the most vulnerable in the community, the judge said.
“It appears to be the community view that incarceration is required”,
Smith said.
{Since when does that matter? Only where Aboriginals are concerned…}
“At the time of the fraud, between April 2011 and May 2014, Jacobs was one of two people in charge of an emergency fund meant as a fund of last resort for Squamish ‘Nation’ members in need. Usually, requests for emergency assistance came through legitimate channels and were backed up with proper documentation afterwards.
“But during the trial, several witnesses who worked in the tribe’s finance department described how Jacobs had set up an additional “shadow process” that she used to circumvent those controls, often calling in employees on weekends to issue cheques to her.
“In finding Jacobs guilty, the judge said Jacobs had deliberately crafted a scheme whereby she used her powerful position in the tribe’s political structure to bypass financial checks and balances and obtain money for her own purposes.
“The judge noted that Jacobs’s fraud was committed over a long period of time and with considerable effort and planning, involving 422 cheques. After the first time she used a cheque for her own purposes, Jacobs had “421 opportunities to reflect on what she had done … and not do it again”, the judge said.
“Smith added that “poverty and desperation” did not drive Jacobs to commit her crimes.
“In a victim impact statement submitted during an earlier sentencing hearing, ‘Khelsilem’, spokesperson for Squamish ‘Nation’, wrote the impact of Jacobs’s crimes has been long-lasting, with many thousands of dollars no longer available to help the most vulnerable members of the community. Her actions also divided the community, he wrote.
“In the same sentencing hearing this fall, defence lawyer John Turner argued that Jacobs should receive a lighter sentence – two years in jail – because her fraud was committed as a result of a gambling addiction, which he described as the “overriding factor” in her crimes.
“A spreadsheet referred to during the trial revealed many of the withdrawals Jacobs made after she deposited the cheques were at ATMs near casinos in both the Lower Mainland and Squamish.
“In handing down her sentence, the judge rejected Jacobs’s gambling as either a prime cause of or a mitigating factor in responsibility for her crimes. Jacobs also spent money she stole on other things, including household bills, entertainment and sessions at a local spa, the judge noted.
“To a large extent, Jacobs committed the fraud to allow her “to do things she enjoyed, including likely gambling and attending a spa”, Smith said.
“Smith noted that Jacobs grew up on the Cheakamus reserve in Squamish and was raised by both her mother and maternal grandparents, who were both residential school ‘survivors’ {The Aboriginal Industry pejorative term for ‘former student’}. Despite that, Jacobs obtained post-secondary education, had a good job and rose to a position of prominence within the tribe, the judge said. “Part of the tragedy of this” is that Jacobs was for a time a role model for others, Smith added.
“Smith said she hoped that upon Jacobs’s release from jail, the Squamish ‘Nation’ would accept her back into the community, which she strongly identifies with.
“Dressed in black, Jacobs sat quietly in the courtroom as the judge read her reasons for sentence.
“Several members of the Squamish ‘Nation’ were in court Friday to hear the judge’s decision…”
–‘Fraud by former Squamish Nation councillor nets 4 years’ jail’,
Jane Seyd, North Shore News, Oct 7, 2022
https://www.nsnews.com/local-news/former-squamish-nation-councillor-convicted-fraud-5927119
Background:
‘Squamish Fraud’ {Mar.25, 2021}:
“A former Squamish ‘Nation’ {a ‘nation’ of 4,300 people} councillor, Krisandra Jacobs, went on trial last month in a BC provincial court, charged with defrauding the Band government of close to $1 million… Financial records point towards Jacobs attending casinos shortly after cheques were deposited into the account of either her or her husband…”
https://endracebasedlaw.ca/2021/03/25/squamish-fraud/
See also:
‘Another Race-Based Judicial Injustice’ (Gladue) {Sept.11, 2023}:
“This isn’t about Aboriginal babies. The same light sentencing would have applied had he killed a ‘White’ baby because he is an Aboriginal, and is therefore entitled to preferential sentencing in Canada’s racist courts…
“Every child matters in Canada… Except for tortured and murdered ‘indigenous’ {sic} babies.”
https://endracebasedlaw.ca/2023/09/11/another-race-based-judicial-injustice/
‘Another Violent Aboriginal Criminal Gets Off Easy’ (FASD) {Jan.13, 2023}:
“More excuse-making for Aboriginal violence:
“Provincial court Judge Harry Van Harten said the ‘generational trauma’ European society has caused to ‘Indigenous’ communities had to be addressed. Bobby Crane slashed the throat of a visually impaired Calgary man during the morning rush hour. Sending an offender who slashed the throat of a total stranger on a CTrain to a federal prison would do no good for either the perpetrator or society, a judge said Monday.”
https://endracebasedlaw.ca/2023/01/13/another-violent-aboriginal-criminal-gets-off-easy/
‘Another Result of Systemic Racism’ (Violent Offenders) {Oct.17, 2022}:
“This is what Canada gets for having systemic racism in its court system. ‘Gladue’ has simply made Canadian communities – and particularly Aboriginal communities – less and less safe…
“Rider has 39 previous convictions, including multiple assaults and one conviction for manslaughter in 2018.”
“A prolific offender is once again facing serious charges – this time for an incident with a firearm in Tsawwassen.”
https://endracebasedlaw.ca/2022/10/17/another-result-of-systemic-racism/
‘Gladue Comes to Nunavut’ {Jan.13, 2020}:
“The whole concept of ‘Gladue’ reports is racist and, if we had a proper Constitution, would be unconstitutional as they constitute systemic structural legal discrimination…
“Nunavut’s chief justice is considering whether or not to order a formal ‘Gladue’ report for the first time in the territory. ‘Gladue’ reports are documents created to inform a sentencing judge of the particular circumstances of {only} an ‘Indigenous’ {sic, they mean ‘aboriginal’} offender…”
https://canadiansforlegalequalityblog.wordpress.com/2020/01/13/gladue-comes-to-nunavut/
‘Standardizing Systemic Court Discrimination’ (Training ‘Gladue Writers’) {Sept.27, 2019}:
“The Legal Services Society of B.C., which provides legal aid in the province, maintains B.C.’s roster of {taxpayer-funded} ‘Gladue writers’. In 2016, the society had a roster of 14 writers and as of this year, that list had grown to 40 {!}… In 2017/2018, 32% of the adults incarcerated in B.C. were ‘indigenous’ {‘aboriginal’}, while ‘indigenous’ {‘aboriginal’} people made up six per cent of the B.C. population in 2016…”
‘Conning The System’ (Gladue) {October 18, 2016}:
“Exploiting the racial bias in Canadian sentencing:
‘Man behind violent jewelry store heist delays sentencing at last minute by telling court his mother is Cherokee’…”
https://endracebasedlaw.wordpress.com/2016/10/18/conning-the-system/
‘The Folly Of ‘Gladue’ {August 28, 2016}:
“Media reports have described Christine Mequish as “among the most dangerous women in the country”, a convicted killer with a record that includes 25 violent crimes since 1984. Last April, following an armed robbery conviction in La Tuque, Que., the 58-year-old was declared a dangerous offender — just the fourth Canadian woman ever designated as such. But while noting her “brutal behaviour” and the likelihood that she will again cause “death, serious abuse or serious psychological harm to other people”, the sentencing judge stopped short of ordering the indeterminate sentence requested by the Crown.
The reason for the lighter sentence: Mequish is an aboriginal…”
https://endracebasedlaw.wordpress.com/2016/08/28/the-folly-of-gladue/
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