ATHABASCA — A man linked to a break-and-enter (B&E) scene through DNA will serve a 60-day sentence in three-day stints thanks to a custom-fit plea bargain by defense counsel Robert Gladu and Crown prosecutor Matthew Kerr.
In Athabasca Court of Justice Nov. 4, Greg Jay Cardinal, 47, pleaded guilty to one count of breaching a conditional sentence order, admitted to possession of a firearm, and was sentenced for a single count of B&E into a dwelling other than a house. The guilty plea for the B&E charge was entered May 27, 2024.
As a result of his pleas, one count of possession of a prohibited firearm, one count of possession of property over $5,000, and one count of breaching a conditional sentence order were withdrawn after sentencing.
Justice Joanne Heudes handed down a 60-day custodial sentence to be served from every Friday at 4:30 p.m. to Sunday at 6 p.m. until complete. Cardinal will also be on probation for 12 months, and after his custodial sentence is finished, he will complete 40 hours of community service.
“This is, I would say unique, but it is very much custom to you and the circumstances you present.”
Court heard on April 30, 2023 at 5:30 a.m., a resident of Calling Lake went to a house he was watching while the owners were away after the security system alarm was activated. Upon arriving, he spotted an individual rummaging through a detached garage who fled when yelled at.
RCMP attended the scene, making note of a broken window and drops of blood on the floor and on a side-by-side in the garage. Also found inside were a drill, ammunition, a knife, and a screwdriver.
The blood found at the scene was tested for DNA, which came back as a match for Greg Cardinal, who was later arrested February 28, 2024, and let go on a judicial interim release.
And on Aug. 7, 2024, RCMP attended a residence Cardinal was at for an unrelated call. While on scene, members spotted a gun wrapped in a jacket on a quad in the yard. RCMP identified the jacket as Cardinal’s, who was on a firearms prohibition and under conditional sentence orders to keep the peace.
“Forty-nine convictions over 28 years, he’s got five prior property convictions, two of them are B&E’s,” said Kerr when describing Cardinal’s criminal record.
Kerr and Gladu asked for no action to be taken on the breach, which, as of Nov. 4, had 10 days left before expiry.
A Gladue report was created for Cardinal, and his lawyer made several related submissions on his behalf.
“His father died when he was three months old in Lac La Biche from a gunshot wound,” said Gladu. “His mother passed away from cancer when he was in his 30’s, but Mr. Cardinal advises that the death of his father really caused some issues for her.”
He also noted Cardinal has five children between the ages of eight and 18 who reside with him and pointed to an 11-year gap in Cardinal’s criminal record as evidence of his substance reliance.
“I can see the addiction issues,” said Heudes. “When I see that gap, when I see those types of crimes riding with the others, I can see that there’s more going on in your life rather than just criminal intent at that point, and I can see that you’re suffering.”
“You’ve got five kids who need you,” she added. “You’re trying to make a good life for yourself, and we’re not trying to bring that to an end. That’s where we’d like to find you, that’s where we want to keep you.”
