Evaristo Caniuman

So, Joseph McNabb is back behind bars, just 10 days after she was freed from jail with a time-served sentence of two years jail [one year at double-credit] along three years probation for attempting to rob an injured Evaristo Caniuman in a West End street a couple of years back.

McNabb, who is transgendered and identifies as a female, seemed to have a lot more going for her than a lot of other offenders.

Mostly, she had a place to go [The Elisabeth Fry society transition home] when she got out 11 days ago.

At least some support was there for her. As it has seemingly been through her bail hearings, her prelim, her trial and sentencing.

But by my reading of her new charges, McNabb didn’t even bother to show up at Elisabeth Fry, instead going AWOL for about 10 days, or so the allegation goes.

She was arrested on Garry Street yesterday afternoon.

Probation officers applied for a warrant on the 15th of June after McNabb failed to report to them a day earlier.

Nobody knew where she went off to.

If she’s convicted of the two new breaches she’s facing, that will make 21 court-order breach convictions in her 29-year-lifetime.

While on bail awaiting trial for the killing of Caniuman — she was ultimately found not guilty of manslaughter — she breached court conditions twice, prompting her rearrest.

Those breaches led to a seemingly monumental Winnipeg Police Service press statement that appeared to take aim at the court system and bail conditions.

No one knows why the WPS came out and said it, but here it is for the record:

Homicide Re-arrest

As previously released, on April 10th, 2009, at approximately 6:00 p.m., uniformed members were dispatched to the area of Sargent Avenue and Young Street regarding a male being assaulted.

It is alleged that a twenty-seven year old male confronted a 60 year old male and began to assault him to the upper body. The victim was subsequently pushed to the ground at which time the assault continued. Upon arriving, officers located both males.

The suspect was taken into custody. The victim, identified as Evaristo CANIUMAN was conveyed to hospital where he succumbed to his injuries.

Twenty-seven year old Joseph William MCNABB of Winnipeg has been charged with Manslaughter.

On August 31, 2009 MCNABB was released by the Courts. Since his release MCNABB has failed to comply with conditions of his release on two occasions.

On January 10, 2010 MCNABB failed to comply with conditions of his Recognizance and was subsequently arrested by police.

On April 13, 2010 was once again released by the courts.

On August 23, 2010, MCNABB failed to comply with conditions of his Recognizance and a Warrant was issued for his arrest.

On August 24, 2010, MCNABB was located and arrested in the downtown area.

He has been detained in custody.

It’s important to note that at sentencing, McNabb faced a Crown who seemed adamant she should serve as long as three years for the attempted robbery, based largely on her past breach convictions.

The judge, however, didn’t buy it. He said efforts to rehabilitate her were in the best interest of society and her own.

Her own, extremely able, lawyers argued that the bulk of her remand time at the Winnipeg Remand Centre was spent in isolated, horrible conditions, marred by ridicule and scorn from other inmates and the occasional corrections officer.

But I have only one question.

If it was that bad, how did she ever wind up there again?


Here’s the link to Justice Hanssen’s decision on sentencing

Here’s the link to Justice Hanssen’s decision on conviction

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