Brazilian-born immigrant Luis C. Buschmann will have to obey his court-ordered probation for nearly a year or risk being deported.
Buschmann, 35, appeared in Moose Jaw provincial court on March 9, where he pleaded guilty to assaulting his wife. As part of a joint submission, he received a conditional discharge — he will have no criminal record if he obeys his court order — and will spend nine months on probation. He will have to keep the peace and be of good behaviour, report to a probation officer, take programming, and possess no weapons. He will be allowed to have contact with his wife.
Moose Jaw police responded on Feb. 18 around 8:33 p.m. to a report about a domestic incident on River Park Drive on South Hill, explained Crown prosecutor Rob Parker, who noted it was Buschmann himself who called in the complaint.
Buschmann and his wife had been living apart for some time due to her infidelity, Parker continued. His spouse invited him over for dinner, and during their conversation, Buschmann became angry and gave his wife an open-handed slap across the face.
This incident does not necessarily rise to a major assault, the Crown prosecutor said. Furthermore, Buschmann’s wife supports him and believes it was her conduct in the marriage that was responsible for what happened.
Giving Buschmann a conditional discharge and probation is not contrary to the public good, Parker remarked. The Crown did not seek a weapons prohibition since none were involved in this matter.
“Given the nature of the assault, the Crown is not concerned for her safety,” he added.
Buschmann, his wife, and their daughter have been in Canada for less than a year, explained Legal Aid lawyer Suzanne Jeanson. He is on a work visa while his wife is on a student visa. He was a helicopter pilot in Brazil but now works at the Thunder Creek Pork Plant.
The family faces many financial challenges, especially since they are unable to access the Child Benefit Tax Credit for their four-year-old daughter, Jeanson continued.
“Luis is extremely remorseful,” she said. “He has taken responsibility from the outset … He is hopeful they can do couples’ counselling. They both hope they can repair the rift in their marriage.”
Jeanson told Judge Daryl Rayner that she was concerned for Buschmann’s immigration status since a criminal record would jeopardize his ability to stay here. If the man received a conditional discharge, he would still have the ability to apply for permanent residency status.
“My client’s actions do constitute an assault; it’s (a) somewhat lower end assault,” she continued, pointing out Buschmann contacted police after he hit his wife and pleaded guilty early. Those should mitigate the sentence he receives.
Buschmann would face difficulty if he had to pay the victim surcharge since his income is only $1,800 a month, Jeanson said. Furthermore, he has been paying the expenses for his place and the home where his wife has been living. Jeanson asked that the fee be waived.
Judge Rayner accepted the joint submission, acknowledging that the incident was at the lower end of domestic assault. He also agreed to waive the surcharge.
Moose Jaw provincial court next meets on March 11.
