Edmonton judge rejects ‘unhinged’ sentence proposed for Indigenous stabber

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The victim told court that the attack affected him “emotionally” and changed how he interacts with Edmontonians.

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He had just moved to Edmonton five days before the attack and now suffers from post-traumatic stress disorder.

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“I walk around the city with fear and distress all the time since it was an unprovoked action,” the victim said.

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Bird, 23, has done time for a May 2025 assault and for being in possession of a weapon for a dangerous purpose this past January. His lawyer “highlighted” Bird’s Indigenous background, the judge noted.

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His family belong to the Paul Brand First Nation, part of the Cree Nakoda Nation near Duffield, Alta.

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An Indigenous Background Report described how Bird “feels very connected to his Indigenous roots,” said the decision.

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For Bird, “returning there is an important part of his stated plan, and he intends to reconnect with his family, culture, and establish greater stability within his community.”

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Bird, who grew up mostly living with his family and six siblings, “described alcohol and substance use as a regular part of their growth years. There was also some domestic turmoil which could get physical.”

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Bird’s mother described him as being the “man of the house,” after she separated from her husband.

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“He was exposed to despicable racist attitudes surrounding his community, sufficient to drive him out of playing hockey, which he used to love playing. This also crept into his school life.”

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That had an impact on Bird’s self-confidence, according to his mother and grandmother.

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“It drove him to using marijuana and alcohol, and he eventually withdrew from school altogether in Grade 11.”

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Bird’s mother and her parents attended residential schools, said the decision.

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“The consequences of the treatment and derision that they underwent transposed into alcohol struggles and, as (his mom) puts it, part of an ongoing ‘family cycle.’ They were stripped of their cultural identities and traditional ways. These were not passed down the generations, and that negatively impacted all of them.”

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The judge noted that he’s directed by Gladue principles set out in a Supreme Court of Canada decision that say sentencing judges must consider the unique circumstances of Indigenous offenders, as well as systemic issues like the impact of residential schools.

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“In considering Mr. Bird, there can be no doubt that the effects of colonialization have impacted his family and made their way through the generations onto him,” Bilodeau said. “He described his response to the racism and discrimination. He said that he turned into a bully himself as a sort of defence mechanism.”

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While the judge said he could see that Bird is not a fundamentally dangerous person, he needs “further persuasion that the prior convictions and sentences did not achieve.”

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The judge saw it as “concerning” that Bird’s “short-term plan” was to embrace his “support from his family, community, and nation,” then return to Edmonton.

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“It seems that as soon as he can, he wants to divert back to the environment which gave him the opportunity to consort with other bullies,” Bilodeau said.

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