A man who pleaded guilty to robbing the Rooster convenience store and gas bar at gunpoint in November of last year is to be sentenced on March 26.
Cameron Bernarde, 22, pleaded guilty to robbery with a firearm last May. The .22 calibre rifle he brandished was not loaded at the time.
He appeared in Supreme Court in Yellowknife on Dec. 13.
Bernarde is facing a minimum sentence of four years in prison. However, his lawyer Peter Harte has filed a constitutional challenge arguing that a four-year sentence amounts to cruel and unusual punishment.
Crown prosecutor Brendan Green told the judge a four-year sentence is appropriate.
Court heard Bernarde suffers from Fetal Alcohol Spectrum Disorder (FASD).
Harte argued that, because of the disorder and other circumstances surrounding this case, a two-year sentence would be fitting.
"A four-year sentence would be grossly disproportionate. It is something that would shock the conscience of Canadians," Harte said.
He also pointed out that the victim – the store's cashier – was not traumatized by the events.
"The victim, William Delorme, reported that the offence has had a minimal impact on him. He described observing that the chamber of the rifle was open and he did not believe it was loaded. He also stated that he doubted that the gun was capable of firing. (This latter observation was incorrect – the rifle was tested by a firearms expert and is capable of firing)," court documents show.
"Mr. Delorme observed Mr. Bernarde to be intoxicated and 'incompetent' on the night of the offence. He was not fearful of him and has not had difficulty working night shifts since the night of the offence."
Indeed, after the incident, Delorme said the man appeared unprepared to carry out the robbery. So to break the ice with the nervous perpetrator, he offered him a corndog.
The robber also came back to the store – unmasked – following the incident to share a smoke with the clerk, the Hay River Hub was told.
Court documents also show that video taken from the gas station's security cameras show Bernarde wearing a hooded sweatshirt with his face covered, pointing a rifle at the cashier.
"Mr. Bernarde demanded cash from the till and nearby ATM. Mr. Delorme handed him cash from two cash registers that he later estimated at approximately $200. The RCMP obtained a search warrant for Mr. Bernarde's residence. He was arrested at approximately 6:20 p.m. on Nov. 8. The RCMP located $685 on Mr. Bernarde's person and a further $105 in his bedroom. A Mossberg 342KC .22 calibre rifle was seized."
Documents also show that he confessed to the robbery when confronted by the Mounties.
Bernarde, who identifies as Dene, has also reported suffering depression and attempting suicide.
Bernarde was raised by his maternal aunt and her husband as his biological parents were unable to care for him. There are conflicting descriptions of the home he grew up in, according to court documents.
In a 2010 pre-sentence report on another charge, Bernarde's home is described as a healthy, alcohol-free environment. But in the pre-sentence report for the latest charge, he reports heavy drinking in the home as well as physical abuse. In the 2017 document, he also reports having been sexually assaulted as a child.
Bernarde has 26 total convictions, of which 17 are property offences and one a violent offence. At the time of the current offence, he was on probation and prohibited from possessing a firearm.
The sentence will be decided by NWT Supreme Court Chief Justice Louise Charbonneau.
- with files from Kirsten Fenn