62-year-old who wielded shotgun sentenced for role in 'nonsensical' situation

Albert Sewell faces a six-month conditional sentence for pointing a loaded 12-gauge shotgun at a woman during an ugly July 2017 altercation between boaters at a lake north of Sault Ste. Marie.

Ontario Court Justice Melanie Dunn also placed the 62-year-old Batchewana First Nation businessman on probation for two years when she imposed sentence Friday.

The judge noted three men were charged in connection with the Gong Lake confrontation where "grown men were acting like toddlers having tantrums."

Two of the co-accused, one who was wielding an ax and the other a machete, were placed on peace bonds earlier this month for the their role in the "nonsensical" situation that had arisen over a comment about gill nets.

Dunn said she is sure all three, who appear to be law-abiding members of society, are ashamed for what they put their families through and "the fear they instilled in them."

When she imposed sentence, the judge said she was mindful of the circumstances surrounding the incident, where Sewell came upon a heated argument between his son Peter who had the axe and Michael McGonegal the machete.

Dunn called the victim impact statements, detailing fear, anxiety and the lasting effects that resulted from the incident, an aggravating factor.

Sewell also has a dated, but related, criminal record from 2002 for assault causing bodily harm and assault, for which he received fines.

His remorse, positive pre-sentence report, and a guilty plea that saved witnesses from having to testify at would have been a lengthy trial were cited as mitigating factors.

As well, Sewell, a respected businessman, "has tarnished his otherwise good reputation in the community" and this will have lasting effects on him, Dunn said.

Referring to a Gladue report prepared for the court, she noted his grandfather had attended residential school.

Sewell's mother took him out of school at age six, when he could barely read and write, and hid him in the bush, telling him he was going to work.

Over the years, he has succeeded in business, now owning 19 rental properties, a gas bar and a strip mall.

Serving his sentence in the community, with strict terms, does not endanger safety, and will satisfy the need for denunciation and deterrence, the judge said.

During the six-month conditional sentence, Sewell will have a 9-p.m.-to-6-a.m. curfew, during which he can only leave his residence for employment, medical  emergencies or with the written permission of his sentence supervisor.

He must also attend counselling for anger management.

As well, he is not to communicate with McGonegal or his wife Tammy, who he pointed the firearm at, and other members of their family.

Dunn also ordered him to stay away from their residences and places of employment and "not to interfere with their lawful enjoyment" of their camp at Gong Lake.

The communication and non-contact conditions are also part of his probation.

Dunn imposed a five-year weapon prohibition, but Sewell is permitted to hunt for sustenance.

The Crown was seeking a six-to-nine-month jail term, while defence counsel Bruce Willson asked the court to consider a suspended or conditional sentence.

Outtside the courtroom Friday, Willson called the judge's decision well-reasoned.

It's a "just and fit sentence, given the circumstances."

EDITOR'S NOTE: SooToday does not permit comments on court stories