Axe-wielding woman given strict probation orders

A Birdtail Sioux First Nation woman was given a strict probation order not to communicate with her former partner after she admitted to wielding an axe outside his mother’s home while he was inside to try to scare him.

Cherice Benn, 25, pleaded guilty in Brandon provincial court on Monday to possessing a weapon for a dangerous purpose and failing to attend court.

Around 8:30 p.m. on June 20, 2025, the woman’s former mother-in-law called police saying Benn appeared to be intoxicated while holding an axe outside her home in Birdtail, Crown attorney Nikki Boggs said in court.

“The police describe it as a silver homemade axe (that) was turned over to police, and they do say that Miss Benn was, you know, yelling and being aggressive outside of the home,” she said.

The Crown added that it was also concerning the incident occurred in the presence of the former couple’s two-year-old child, who was sitting outside in a stroller at the time.

When police arrived at the scene, they arrested Benn and spoke with the ex and his mother about what happened.

Defence lawyer Jonathan Richert said the couple had been together for three or four years and had broken up that day. His client alleged that her ex and his mother had been drinking alcohol in the home when she arrived outside.

“Cherice goes there in a state of high emotion to get him to come home,” Richert said.

“I asked her about bringing the axe with her and what was going on there. She explains that she thought maybe it might scare him, but she didn’t intend to use it.”

Richert said her behaviour was a “very severe lapse in judgment,” but she has taken responsibility for her actions by entering guilty pleas.

Benn was charged with failing to appear in court on Dec. 12, 2025, and had an outstanding warrant for her arrest until March 5 when she attended the police detachment in Birdtail Sioux for a different matter, Boggs said.

Court heard Benn admit to not taking the proper steps to figure out when her next court appearance was.

Benn does not have a criminal record.

“Ultimately, we’re hoping that this is a one-off for Miss Benn and that she understands the significance of the situation and how badly it could have turned, showing up with a weapon with a small child,” Boggs said.

The Crown suggested 12 months of supervised probation with conditions to keep the peace, have good behaviour and attend addictions and anger management counselling.

The Crown also recommended an order for Benn not to possess any weapons, including knives, except for the immediate preparation, consumption of food or in the course of lawful employment. Boggs suggested Benn pay a $50 fine for missing her court date and another in an amount determined by the judge for her weapons charge.

Boggs and Richert sought a no-contact order between Benn and her ex and former mother-in-law with the exception of communication with a third party to set up visitation arrangements for their child.

Judge Shauna Hewitt-Michta addressed Benn directly in court.

“This was a really dangerous situation that you created, and I’m really concerned that your child was a part of that,” she said.

Benn told the judge that she was sober at the time of the incident.

“That’s scary that if you were sober, that you were capable of acting like that and putting your child at risk,” Hewitt-Michta said.

The judge suspended the passing of Benn’s sentence on both matters for a period of 18 months, meaning that the accused must follow specific probation orders or return to court for possible sentencing.

The probation orders include being prohibited from contacting her ex and his mother apart from a third party. Benn also can’t possess any weapons, including knives except when preparing food, and must pay cost and service charges and attend counselling for substance abuse and anger management.

» tadamski@brandonsun.com