Justin Garret Berens, unsuccessful in his attempts at getting into his ex-girlfriend’s Winnipeg home by banging on the doors, decided instead to smash a window and make his way inside.
It was the evening of March 19, 2023, when the 36-year-old invaded the home of the mother of his children, who he was barred from seeing under the conditions of his probation, and armed himself with a kitchen knife, angry because he believed she was cheating on him.
He’d been drinking and using drugs heavily in the days prior, he later told a probation officer.
The Manitoba Law Courts building (John Woods / The Canadian Press files)
Berens — who has presumptive fetal alcohol spectrum disorder, an extremely low IQ and a violent criminal record — screamed at his ex, then stabbed her once in the lower back on the home’s main floor, before going upstairs to stab a 13-year-old boy in the chest and another woman in the face, stomach and armpit.
Four other children, all younger than 10, were in the home while Berens went about his attacks, before he ran off. Winnipeg police picked him up three days later and he admitted to his crimes.
He was charged with break and enter with intent, aggravated assault and failing to comply with his probation order.
Provincial court Judge Rachel Rusen sentenced Berens in October to 10 years, less time served, in federal prison, after considering at length how his unenviable criminal background, his significant cognitive deficits and horrifically abusive and neglectful upbringing in Berens River First Nation should play into how much time he deserves behind bars.
Berens pleaded guilty to the charges in the provincial fetal alcohol spectrum disorder court — a special court set up to take into account the deficits of offenders with FASD, who tend to have little understanding 0f the effects of their actions, when determining how morally responsible they are for their crimes.
His record includes more than 55 convictions and he’s spent a “substantial portion” of his life in jails, said Rusen in a written sentencing decision last month. Many of those convictions are related to his ex-partner.
Justice officials have deemed him a high risk to reoffend.
But the probation officer who prepared a pre-sentencing report also noted he’s a positive person who’s open to change, and has made good at his attempts to deal with his drinking in jail by taking part in a treatment program, where he has worked on work and social skills and his ability to read and write.
A big issue is that he makes negative impulsive choices, the officer noted. He has yet to fully accept responsibility for what he did, despite an apology.
“Mr. Berens told his probation officer that he never intended to hurt anyone and that he was drinking heavily and using drugs the days leading up to the offences, which he says impacted his impulsive reaction to go to (the victim’s) home,” wrote Rusen.
“His explanation is that he was enraged when hearing that his young child was being harmed, and so he reacted by taking the knife for protection rather than intending to hurt anyone.”
His defence lawyer and the Crown both noted that he continued to claim his ex had attacked him first, despite that being false.
Crown prosecutors argued that Berens should be locked up for 12 years, saying his lengthy record, impulsivity leading to a propensity for violence and significant cognitive issues make him a danger to society, while his defence lawyer argued for five years, saying he can’t be considered as morally responsible as others who commit similar crimes given his deficiencies and his life circumstances as an Indigenous person.
Rusen found that the Crown’s request for 12 years was too high, given how many factors in Berens’ life, particularly his “extreme and significant” cognitive deficits, affect his criminality.
But the judge also found that the defence’s ask was too low.
“While I agree with defence counsel that rehabilitation is an important consideration, given not only Mr. Berens’ diagnosis, but also given the work that he is doing on himself, this must be balanced with the need to highlight both denunciation and deterrence while protecting the public, particularly (his ex),” said Rusen.
“Separating Mr. Berens from society is also a key sentencing objective. This level of violence against three people, one a child, involving a knife leaves the court to conclude that the harm to the victims was obviously foreseeable, even for a person with Mr. Berens’ impairments.”
Berens will also be banned by court order from owning weapons for life.
erik.pindera@freepress.mb.ca
Erik Pindera
Reporter
Erik Pindera is a reporter for the Free Press, mostly focusing on crime and justice. The born-and-bred Winnipegger attended Red River College Polytechnic, wrote for the community newspaper in Kenora, Ont. and reported on television and radio in Winnipeg before joining the Free Press in 2020. Read more about Erik.
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