A man who punched a 麻豆社国产trans woman has been sentenced to a jail term of 28 months.
Cody Jamie Eric Nelson received his sentence on Sept. 29 in North Vancouver Provincial Court.
Previously, he was convicted of aggravated assault for punching Jayme Schmetterling.
The assault left Schmetterling with broken orbital bones and bleeding in her brain. She suffered lasting brain damage, which has affected her ability to work.
In making her decision, Judge Patricia Bond weighed several factors. These included whether Nelson's attack was based on his bias against Schmetterling as a trans woman, his challenging upbringing and his Indigenous heritage.
Regarding Nelson's bias, Bond referred to Nelson's communications with others following the attack, in which Nelson referred to Schmetterling using a slur.
"I concluded that the overheard comments and texts conveyed disrespect and even disgust towards Ms. Schmetterling as a transgender person," said Bond. "From all of the circumstances, I concluded that Mr. Nelson intended to cause serious bodily harm to Ms. Schmetterling."
The court previously heard that Schmetterling and Nelson had some sort of exchange outside the Dollar Tree in downtown Squamish.
Bond recalled that after that initial exchange, Nelson walked away, but Schmetterling followed him and tugged at his pants. Nelson responded by punching her.
"The actual assault was also fuelled by the intervening actions of Ms. Schmetterling tugging at his pants after Mr. Nelson walked away from her," the judge said. "I cannot ignore the fact that Mr. Nelson chose to walk away after the initial interaction."
She also noted that the court heard that after the assault, Nelson called 911, flagged down a passing police officer and offered to assist the victim.
Bond also described Nelson's challenging upbringing.
She said he witnessed and was subject to violence. She added there are issues of addiction in Nelson's family, and he spent much of his childhood in foster care.
Bond cited a forensic services report prepared for the court in 2021 that described Nelson as having attention deficit hyperactivity disorder, severe post-traumatic stress disorder and unspecified personality disorder.
The judge said the report stated Nelson said he was diagnosed with fetal alcohol spectrum disorder. He is also on antidepressants and uses marijuana to calm himself.
Bond said Nelson identifies as white, but his father has Indigenous heritage. A Gladue report was commissioned for his case.
A is drawn up when courts need to make a sentencing or bail decision on a person who has an Indigenous background. It examines how systemic disadvantages have affected people with that ancestry.
"Nelson's personal challenges, his family history of violence, substance abuse and ministry intervention are all consistent with the results of colonization of Indigenous peoples," said Bond, when reviewing the findings of the Gladue report commissioned for this case.
"I also find that the fact that Mr. Nelson identifies as Caucasian in his particular circumstances does not diminish or protect him from the negative inter-generational effects of colonization, but rather is itself likely a demonstrated effect of this history."
Bond recommended that while in jail, Nelson be given resources that are available to Indigenous people who are in custody.
"Mr. Nelson should be afforded any and all resources available for Indigenous offenders with the objective of overcoming the many disadvantages that he has experienced as a result of colonization of Indigenous peoples," she said.
