B.C. judge warns of 'tsunami' of Indigenous identity fraud cases

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Nathan Allen Joseph Legault pleaded guilty to possession of child pornography and distribution of child pornography. The former associate pastor recently started to self-identify as Métis.

Nathan Allen Joseph Legault pleaded guilty to making and possessing child pornography. The former associate pastor recently started to self-identify as Métis. After he was charged with possessing child pornography, Nathan Allen Joseph Legault discovered a figure from his past he hoped might help with his future.

'We need to start the healing': 3 Indigenous women on how to move forward from Buffy Sainte-Marie revelations Legault's crimes centred around communication with two girls he met while serving first as a youth camp director in Saskatchewan and next as a pastoral intern in Windsor, Ont. But the judge said he felt he had no choice but to "reluctantly endorse" the joint submission because it wasn't "a certainty" that the sentence would be contrary to the public interest.Patterson's concerns around Indigenous identity fraud arise from a Supreme Court of Canada decision known as— which requires judges to pay "particular attention" to the circumstances of Indigenous offenders to achieve a "truly fit and proper sentence.

According to the decision, Legault only recently self-identified as Métis — because of "a paternal great-great-grandmother who was a member of the Haudenosaunee Confederacy, also known as Six Nations of Montreal.""Mr. Legault has not pursued a DNA test or investigated his family tree through genealogy research," Patterson wrote.

She says judges shouldn't decide who is Indigenous — but they can determine if offenders are providing the kind of evidence demanded in every other part of the criminal process. And an "old family" story or a membership card obtained for a fee don't meet the bar.

 

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