Judge praises lawyer while sentencing her for assaulting Mountie

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Alberta needs more lawyers with backgrounds like Indigenous counsel Laura Phypers, a judge said Tuesday, while sentencing her for a drunken assault on a Mountie.

Justice John Maher agreed with a proposed Crown and defence position to hand Phypers a conditional discharge and 12 months of probation.

If Phypers successfully completes the terms of her probation, which includes counselling and treatment for alcohol and substance abuse as well as anger management, she will not have a criminal record.

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Maher noted the criminal lawyer will still face potential discipline from the Law Society of Alberta.

“In that regard I sincerely wish you well,” the Sherwood Park Court of Justice judge told her.

“I think the citizens of Alberta would benefit from you continuing to practice law, notwithstanding this incident,” Maher said.

“My opinion (is) we need more lawyers of your life experiences advocating for those citizens of Alberta who are less advantaged than we are.”

Phypers, 38, pleaded guilty last Friday to assaulting an Innisfail Mountie during a traffic stop in which she was a passenger in a vehicle being driven by Desiree Friesen, according to a statement of agreed facts read by Crown prosecutor Robert Morrison.

As the officer attempted to remove Friesen from the car during the June 3, 2023 incident, Phypers exited the vehicle and moved “toward the officer with her fists clenched in a fighting stance,” the prosecutor said.

Phypers threw punches at the officer after he took both women to the ground, prompting the Mountie to use “multiple strikes in an effort to get Ms. Phypers to stop the assault and place handcuffs on her.”

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While Phypers’ successful completion will spare her a criminal record, it will remain to be seen how the Law Society views her behaviour, Maher noted.

“As you and I both know, as a result of this incident and your charge you will almost certainly face a review of your conduct by the Law Society of Alberta,” the judge said.

Maher also told Phypers that breaching the terms of her probation, which includes 40 hours of community service, could also mean her being charged and returned to face a further sentence.

“More importantly, you will have a criminal record (if that occurs).”

Lawyer had difficult upbringing

Maher reserved his sentencing decision from Friday in order to review a package of reference letters which included details of her difficult upbringing from three of her siblings.

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“The three of her siblings provide a detailed history of her familial history and background, her upbringing, her struggles and her achievement of character in spite of those struggles.”

In support of a discharge, defence counsel Christian Manucci spoke of Phypers’ upbringing on the Ktunaxa Nation in B.C.’s Kootenay region as one of “utter poverty” and rampant alcoholism and said she has had struggles with alcohol.

“Since the time of the offence, Ms. Phypers has perfected sobriety,” Manucci said.

“She has had absolute sobriety and she has done so by devoting herself to her culture.”

— With files from Michael Rodriguez

KMartin@postmedia.com

X: @KMartinCourts

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