A Manitoba judge says he handed a violent offender a lighter sentence due to the offender’s indigenous status. The offender was found guilty of stabbing a man during a chance meeting, leading to the victim’s death.
Associate Chief Judge Geoffrey Bayly said he considered the background of Dean Bell, 31, when sentencing him in the Provincial Court of Manitoba in Swan River on Oct. 2.
He also noted that mitigating factors were Bell’s “demonstrated remorse,” that he had pleaded guilty to manslaughter, and his “insight into wrongdoing.”
Bell was accused of stabbing Calvin Chartrand on a chance encounter between the two men on Main Street in Swan River on Jan. 13, 2024. Bayly said the attack was “unprovoked” but appeared to be motivated by “opportunity and a prior conflict between them.”
Bell pleaded guilty to manslaughter and was sentenced to seven years in jail, with Bayly reducing the sentence to just over four years, granting Bell credit for time served.
In a pre-sentencing report, the court was informed that Bell was raised by his father, but that relationship is “strained” and the two have not spoken in four years.
“The report opined that the difficulty between the two men stems from the offender’s lifestyle choices and issues with substance abuse,” according to the written decision.
Bell’s paternal grandmother had been a “positive support” for him while growing up, but that relationship has “grown distant” over the crime, according to the report.
Bell was said to have completed Grade 10 but stopped attending school in Grade 11, and he said he experienced bullying and “social difficulties” in school. The court was told that he has held several short-term jobs.
The report also notes that Bell began using marijuana when he was 15, started drinking at 18, and has used methamphetamine and cocaine since he was 26. It noted his “binges” last about a week.
“So pervasive was his abuse of methamphetamine that he began experiencing auditory hallucinations and has been treated with antipsychotic injections for methamphetamine-induced psychosis, both in the community and in custody. He reports that the medication helps reduce the voices,” the court report said.
Bayly noted that, in determining his decision in the case, it was crucial to “consider the degree of force and brutality involved” as well as the “impact of systemic and historical disadvantages faced by Indigenous offenders.”
Earlier Dispute
The court heard that the two men had a dispute a few days before Jan. 13, 2024, when they were both at a home of an unnamed individual. Bell was asked to leave but refused, according to the court decision.The decision said that a confrontation occurred and that Chartrand had “threatened him and taken his cell phone.”
On the day of the attack, Bell was “drinking beer and playing video games” at a home where he was staying. His half-brother joined him and they went for a walk along Main Street in Swan River, the court decision said. The duo saw Chartrand and his girlfriend walking on the other side of the street. Bell and his brother “verbally confronted him,” demanding the cell phone be returned.
“The brothers initiate a physical altercation in the middle of the road, with the offender producing a knife and stabbing Chartrand twice — once in the face and once in the left buttock,” according to the court decision.
The court decision said that after Bell stabbed Chartrand in the face, Bell’s brother said words to the effect of “that’s enough” but later joined the physical attack of Chartrand.
“After the second stab wound, the victim wailed, causing the attack to stop. Perhaps cognizant of the seriousness of the situation, the two brothers stopped attacking and decided to help by assisting Chartrand to the Swan River Health Centre,” the court decision said.
Chartrand died at the hospital from internal bleeding caused by the wound to his buttocks, the court decision said.
The decision noted the incident was captured on video from nearby businesses, and eyewitnesses identified Bell and his brother.
“Upon his arrest, the offender admitted to police that he stabbed Chartrand but claimed he acted in self-defence, citing previous threats and the taking of his phone,” the court decision said.
Bayly also noted that Bell’s attempt to get Chartrand medical assistance was a mitigating factor in the sentencing.
