Three-year sentence for robbing taxi driver

A provincial court judge sentenced a Brandon man to more than three years behind bars on Tuesday after he got into an argument with a taxi driver and stole his cab.

Nicholas Wanbdiska, 45, had pleaded guilty to robbery along with failing to attend court and two counts of breaching his release order.

On Feb. 8, 2024, Wanbdiska got into an argument with a taxi driver in front of the Canad Inns in Brandon and “struck” him, court heard.

Crown attorney Caroline Lacey said the comments Wanbdiska made to the driver had a “racial undertone.”

When the driver went inside the Canad Inns, Wanbdiska took off in the vehicle.

He was arrested that same day at his residence.

Lacey said taxi drivers are inherently vulnerable as they work alone and often at night.

“This did have a profound impact on the victim. He was very afraid at the time, and it still impacts him now while he’s working … as a taxi driver,” Lacey said.

The Crown recommended a sentence of 42 months for the robbery, while defence argued for 36 months.

Both lawyers agreed that a consecutive 30-day sentence for one breach and a concurrent 15 days for the other would be appropriate, along with a single day of custody for failing to attend court.

Lacey said the sentence imposed needs to deter Wanbdiska from engaging in this type of behaviour again.

She acknowledged that despite Wanbdiska being intoxicated at the time of the offence and not recalling all of the details, he still chose to take responsibility for his actions, which is an important mitigating factor.

If Wanbdiska took the matter to trial, it would have been challenging for the victim, as English isn’t his first language, Lacey said.

While Wanbdiska has a lengthy criminal record with seven assault convictions, he has shown he has meaningful rehabilitative potential, Lacey said.

She said he hasn’t shied away from taking accountability and has expressed a goal of becoming a speaker and helping Indigenous youth who may be struggling.

When coming up with what she thought was an appropriate sentence, Lacey said she also took Wanbdiska’s Gladue factors into consideration, including that both of his parents attended residential school.

“The intergenerational impact of that experience is very evident in the description of the family history that’s provided. We have a forced disconnection culture … and the absence of healthy parenting role models,” the Crown said.

Lacey said Wanbdiska has also experienced “profound trauma,” including the death of his first wife and what Lacey described as a traumatic accident while he was working on a farm.

Defence lawyer Gregory Sacks said denunciation and deterrence are important, but there should be an increased emphasis on rehabilitation for his client.

“Mr. Wanbdiska clearly understands what he did was wrong, clearly understands the impact on the individual,” he said. “He wants to be an individual who ultimately is able to take his experience — a lot of it negative, unfortunately — and turn it into something positive.”

While Wanbdiska wants to be a role model, he will have to focus on himself first, Sacks said, adding that his suggested sentence still gives him further opportunity to do so while in custody.

He said a sentence of 32 months for the robbery would send the appropriate message to his client and the community, while also balancing the need for rehabilitation.

When given a chance to speak, Wanbdiska said he wanted to get back to his family and do something positive once released.

Judge John Combs said that while the violence Wanbdiska used wasn’t significant, it was still concerning and echoed the Crown’s comments that taxi drivers are inherently vulnerable.

“The court needs to do what it can to protect people who are in those vulnerable situations,” he said.

Combs sentenced Wanbdiska to three years for the robbery and a consecutive 30 days for one breach. Wanbdiska received a concurrent 15-day sentence for the other breach and a single day of custody for failing to attend court.

Wanbdiska has already spent the equivalent of 764 days in custody, which will be subtracted from his total sentence going forward.

» sanderson@brandonsun.com