Westlock man receives 80 days in jail for probation breaches

BARRHEAD/WESTLOCK - A Westlock man received 80 days in jail for breaching probation, but due to the time he has already spent in custody, he is effectively in a time-served position with only three days remaining.

Justice Carrie-Anne Downey handed down the sentence on Sept. 10 in Barrhead Court of Justice, accepting a joint submission from the Crown and defence after Peter Joseph Byer pleaded guilty to four counts of failing to comply with probation conditions.

Downey added a condition prohibiting Byer from being in Barrhead as part of his sentence.

Specifically, three breaches were for no contact, no go breaches, and the other was for possessing a prohibited weapon.

The Crown also withdrew an assault charge and 13 failure to comply with probation or release order charges.

"I am ready to get on with my life," Byer told the court prior to sentencing.

The facts

Crown prosecutor Andrew Dirgo told the court that on May 15, 2024, RCMP received a call from Byer's former partner saying he would not leave her residence.

Police attended, learning he violated the non-contact order condition of his probation. 

Upon arrest, Dirgo said, police found brass knuckles on his person, which again was contrary to a probation order.

The Crown added about a week later, the accused was found again at his former partner's residence.

"Mr. Byer was required by his release conditions that he could only attend the complainant’s residence in the company of the RCMP to collect his belongings," Dirgo said, adding the accused returned alone.

He added when police arrived, they found Byer going in and out of consciousness on the floor.

"They then called for EMS and he was taken to the hospital," Dirgo said.

The Crown noted that Byer had a criminal record dating back to his youth, ending with his last conviction in September 2023, a failure to comply, for which he got 30 days.

"[His criminal record] is not overly long, but I am concerned with the last two entries of failing to comply with no contact orders,” Dirgo said.

He added that although not specifically stated, they were likely similar to the ones before the court.

“In the Crown’s estimation, given the situation and the very recent and related charges, this is a justifiable step up for breaching those same court orders,” Dirgo said.

The defence

Byer's lawyer, Ashlee Kirby, said that although the court did not request a Gladue report, Byer had "a lengthy Gladue information sheet".

A Gladue report is a pre-sentencing report that courts can use when considering the multitude of factors that can lead an Indigenous person to become in conflict with the law. 

“[Byer's parents and grandparents] attended residential schools. His father was abusive both physically and emotionally, and he describes his mother as being ashamed of admitting to individuals that she was Indigenous,” Kirby said, adding her client grew up in Westlock and left the community as soon as he was old enough to work in the oil patch with his father.

She added that upon her client's release, he hopes to resume his career as an oil patch worker with one of his former employers.

"Although he doesn’t have a job offer for the court’s consideration, Bryer indicated once he passes a drug test, there would be an employment offer on the table," she said, adding he also plans to live with his sister in Edmonton.

Kirby said that despite his multiple-offence criminal record, Byer has had long periods without legal trouble, noting that he had no convictions from 2008 to 2022.

“Since then, he has amassed several failures to comply," she said. "They all seem to stem from a volatile relationship with the woman he has children with, but he is not making excuses, and he realizes this is his last chance and it is time to get his life together.”

Kirby added that Byer's troubles tend to be when he goes to Barrhead, suggesting that any sentence includes a condition that he must stay away from the community.

Downey said, “Given the mitigating and aggravating factors I’ve heard, the proposed sentence is a step up and is appropriate."

Bail Hearing

Later in the proceedings, Byer received bail on a series of federal charges, including four charges of failing to comply with an undertaking, release order or probation conditions and possession for the purpose of trafficking.

The federal Crown prosecutor opposed his release on secondary conditions, but Downey found the defence had adequately argued that there was enough reason for Byer to be granted his release.

Barry Kerton, TownandCountryToday.com