Article content
SARNIA – Christopher Schitschenko’s lawyer said he was out in the sun all day drinking and was struggling with his mental health when he caused a disturbance at Canatara Beach.
“He is mortified with what he did, your honour,” defence lawyer Joseph Stoesser told a Sarnia judge.
“Frankly, the accused should be mortified,” assistant Crown attorney Ian Maedel responded to the judge. “His behaviour that day was abhorrent.”
Article content
The court heard, through a statement of agreed facts, a group of people went to the popular Sarnia beach on July 30, 2022, around 7:30 p.m., when they were confronted by Schitschenko, who yelled racial slurs at them. The Sarnia resident also demanded they return to their country and told them they did not belong at his beach.
Schitschenko chased after one of them that Sunday evening, yelling more slurs, and also confronted people who videotaped the incident and others who tried to intervene. After police arrived and arrested him, he told constables Fraser Moore and Connor Green he’d fight them as soon as the handcuffs were off.
Schitschenko, 49, was charged with assault, causing a disturbance, mischief, and uttering threats. He pleaded guilty to two counts of uttering a threat to cause bodily harm and one count of causing a disturbance in a public place and received a suspended sentence and probation.
Hoping to avoid a criminal record for his client, who had no prior convictions, Stoesser argued for a conditional discharge.
“It’s important that you note that he is not a violent person,” he told the judge. “This was a situation, an incident that occurred out of the blue, your honour. It was a constellation of drinking, the sun and his mental health, which caused him to act in this way and he is very apologetic.”
Article content
Maedel argued for a suspended sentence, which includes a criminal conviction.
“Drinking and exposure to the sun (are) no excuse for this behaviour,” he countered. “In the light of the overt racism and the hate exhibited here, a conditional discharge is contrary to the public interest.”
Maedel added the Crown initially was going to ask for jail time when the charges were first laid.
Justice Deborah Austin called it a difficult sentencing before agreeing to impose a suspended sentence.
“This kind of conduct requires serious condemnation,” she said. “This is the kind of conduct that cannot be treated leniently.”
Schitschenko apologized for what he did, but also told the judge he’s not a racist.
“Some of my best friends are of colour, so for me that’s not an issue. The racism part for me is kind of laughable, because, like I said, I don’t have an issue with any person of colour,” he said.
Based on the agreed statement of facts, the judge disagreed.
“The conduct here is offensive, outrageous, and definitely racially motivated,” she said. “The conduct alleged here is very aggravating.”
Stoesser added his client wrote an apology letter to the people at the beach and to the police officers and did some community service at the River City Vineyard.
“These are efforts that he took on himself to try to show the court how sorry he is for the actions,” he said.
No victim-impact statements were filed. As part of his one-year probation order, Schitschenko is banned from contacting the victims and possessing weapons and may have to take anti-racism counselling.
He’s also banned from going to Canatara Beach until the end of this summer.
Share this article in your social network
