BOYLE — An Alberta Justice disagreed with a proposed sentence of custody and probation for a Boyle-area woman without shelter who was arrested for sleeping in an apartment building to escape freezing temperatures.
Instead, Justice Robert Shaigec gave 50-year-old Shauna Lee a one-day sentence, satisfied by her Feb. 11 appearance in court, in exchange for guilty pleas to one count of failure to comply with court-ordered conditions and one count of mischief.
Additional charges of resisting a peace officer, mischief, and failure to comply were withdrawn as part of the plea deal.
Lee was arrested after a property manager for a Boyle apartment complex found her sleeping in the lobby of the building and called police on Nov 30, 2024. Lee was found with a set of building keys, and instead of breaking and entering, was charged under the reasoning she interfered with resident’s lawful enjoyment of the property.
She was without a residence of her own after she was found breaching release conditions to not contact or attend her mother’s home in Boyle on Oct. 5 and Nov. 24.
Crown prosecutor Taylor Noble asked for 15 days of custody plus 12 months of probation with conditions to report regularly to a probation officer and attend assessment, treatment, and counselling for mental health.
“Why would there be jail for sleeping in the hallways? She’s homeless,” asked Shaigec.
Noble said Lee’s mother was concerned release without conditions to pursue mental health support would result in Lee returning to the residence and more potential police involvement.
“She’s in a very difficult position where she doesn’t really have anywhere to go, and therefore doesn’t have much support in getting those rehabilitative supports such as assessment, treatment, counselling and the like.
“But Justice, from the Crown’s position, I don’t see simply releasing Ms. Lee without any sort of attempt at rehabilitation or treatment,” said Noble. “It seems like a way to continue the revolving door of her coming in and out of custody.”
But Shaigec countered because Lee’s mother is not a direct victim of the charges, the criminal legal system is not a tool to resolve or prevent civil disputes.
He said creating new conditions would set her up for further legal repercussions, pointing to a dated criminal record containing previous convictions for failures to comply as evidence.
“If we put her on conditions that she’s going to struggle to follow, she’s going to go to jail,” said Shaigec.
Duty counsel Robert Gladu departed from the joint submission when it came to probation, siding with Shaigec.
“We know dealing with people who are unhoused or homeless, it’s very difficult to find a true joint submission when it’s in the -20’s and someone just wants to warm up,” said Gladu.
“In my view, it’s setting Ms. Lee up for failure due to circumstances, not her will,” he added. “She doesn’t not want to comply; I’m concerned she would be unable to comply.”
The Crown did concede there were concerns about Lee’s ability to meet reporting conditions with no phone and no parole office in Boyle, and said the case was a difficult one for which to find an appropriate sentence.
Lee, who appeared via CCTV from a cell, said she was planning on staying in Edmonton or in other Northern Alberta urban centres rather than returning to Boyle.
“I hope that you are true to your word and you take advantage of some resources in Edmonton and get some help,” said Shaigec. “Good luck.”
