“Lucy” Blackplume: Declared A Dangerous Offender By ABCA In 2021

In early 2021, the Court of Appeal for Alberta overturned a Provincial Court ruling which spared a man an indeterminate sentence. Although this case is a few years old, it’s worth reminding people what some men are capable of, all while masquerading as women.

The perpetrator is Josiah Jerome Blackplume, who now goes by the name Lucy Blackplume.

It’s implied that the Gladue-Ipeelee principles are what kept Blackplume (at least in part) from initially being declared a dangerous offender. However, the Court of Appeal seems to disagree on the extent.

[15] The sentencing judge reviewed Gladue-Ipeelee sentencing principles for Indigenous offenders, and noted the link between residential schools and the over-representation of Indigenous peoples in corrections. Correctional institutions, in the sentencing judge’s view, have failed to develop humane secure housing and treatment for Indigenous and mentally ill offenders. Citing the Saskatchewan Court of Appeal decision in R v CPS, 2006 SKCA 78 for its factual similarities, the sentencing judge endorsed the perspective that offenders such as Ms Blackplume are more appropriately treated from a mental health rather than correctional perspective. Referring to the Supreme Court of Canada’s decision in Ewert v Canada, 2018 SCC 30, she observed that psychological risk assessment tools may be culturally biased when evaluating Indigenous offenders. In Ewert (at paras 59-60), the Court stated that correctional institutions must provide programs that are culturally responsive to the needs and circumstances of Indigenous offenders.

Here’s the short version: following his latest convictions, the Crown sought to have Blackplume declared a dangerous offender. The Provincial Court Judge refused, despite meeting the criteria, and his extensive history of violence. He was instead given a 10 year sentence. That was overturned by the Court of Appeal, issuing an indeterminate one instead.

His criminal record includes the following:

• October 24th, 2008 (conviction date): Aggravated Sexual Assault on a Minor
• May 10th, 2012: Attempted Sexual Assault with a Weapon
• May 23th, 2012: Sexual Assault
• October 6, 2014 (conviction date): Fraud over $5,000, receiving benefits while incarcerated
• February 12th, 2015: Sexual Assault with a Weapon
• February 12th, 2015: Assault Causing Bodily Harm
• August 14th, 2015: Assault Causing Bodily Harm

Keep in mind, both the Provincial Court of Alberta and the Alberta Court of Appeal will continuously refer to this person as a “woman”. This is beyond insulting.

[26] Ms. Blackplumes’s first conviction was recorded in Youth Court on October 24, 2008. As a 17-year old, she (Josiah) committed an aggravated sexual assault on a three-year-old girl. Intoxicated and walking to her girlfriend’s home in Standoff, Josiah noticed an open door in the victim’s home. Josiah entered and saw the victim on a living room couch. She approached and penetrated the child’s vagina with an index finger and the penis, also striking the child three times on the face with the back of the hand. The child’s aunt returned and Josiah fled out the front door. The young girl was naked, crying and bleeding from the vaginal area. Ms. Blackplume pled guilty to the offence and was sentenced to 18 months’ Intensive Rehabilitative Custody and 18 months’ conditional supervision.

[30] Ms. Blackplume has almost a 12-year history of life in these institutions: Calgary Young Offender Centre (CYOC), Alberta Hospital, Edmonton, Calgary Remand Centre (CRC), Edmonton Remand Centre (ERC), Saskatoon Corrections Centre (SCC), Saskatchewan Penitentiary, Bowden Institution, Southern Alberta Forensic Psychiatry Centre (SAFPC) and Regional Psychiatric Centre. Her time in these institutions is notable for many periods of segregation, isolation or observation, most often in response to Ms. Blackplume’s anxiety, depressed mood or suicidal ideation, gestures, threats or attempts, but also when she has been assaultive or sexually inappropriate with other inmates, or found trafficking, sometimes with her own stockpiled medications.

[31] On her Youth Court IRCS sentence, she (Josiah) was discharged early from Alberta Hospital, Edmonton, due to repeated inappropriate contact with female patients, in what was seen to be grooming behaviour.

The ruling itself is extremely graphic, and states in considerable detail the crimes Blackplume has both been convicted of, and otherwise suspected of.

At 17 years old, Blackplume beat and raped his girlfriend’s toddler child.

He has committed other sexual assaults, and has used weapons in doing so.

There are also references to drug trafficking, in the form of selling his medications.

While in prison, Blackplume was psychologically evaluated. The reports make it pretty clear that he will never be an asset to society, and will always be a danger.

• Static encephalopathy, Ms. Blackplume’s brain damage, never changes, is a lifelong condition.
• For her safety and the safety of others, Ms. Blackplume requires an external adult brain supervising her 24 hours a day for the rest of her life.
• She does not have the ability to rely on past experience to guide future choices.
• Ms. Blackplume appears to be much higher functioning than she is.
• Cognitive Behavioural Therapy will not benefit Ms. Blackplume (despite all indications that she may have understood the programming).
• Play therapy, pet therapy and music therapy can be used to fill her days and therefore manage her behaviour.
• She is incapable of developing insight or empathy.
• She is not able to understand that the act of forced sex on an unwilling or uncooperative person is wrong.
• She is not able to understand that sex with minors is wrong.
• With careful social scripting to participate in structured social outings, such as going fishing, working on fence posts on a farm, or playing the guitar with another person, she would be very successful.
• The Wellspring program, although designed for lower functioning participants, is cognitive behavioural therapy and, therefore, will not work for Ms. Blackplume.
• Pet, play and music therapy are not available in a secure hospital setting due to a lack of funding.

While the evaluations (accurately) point out the many defects and dysfunctions that Blackplume has, there is the elephant in the room: he’s a man, but thinks he’s a woman. It would be interesting to know to what degree these synthetic “hormones” have messed with his cognitive function.

Much of the Court submissions hinged on whether it could be considered cruel and unusual punishment (a Section 12 Charter violation) to indefinitely lock someone up with such limited intellect. Ultimately though, the Court of Appeal did just that.

In an odd twist, the court decisions don’t state that Blackplume has expressed any desire to go to a women’s prison. And all for the best, anyway.

If he really is mentally deficient to the point that he doesn’t understand that forcing sex on unwilling people (especially children) is wrong, then euthanasia probably is the best option for everyone.

(1) https://www.canlii.org/en/ab/abpc/doc/2019/2019abpc273/2019abpc273.html
(2) https://www.canlii.org/en/ab/abca/doc/2021/2021abca2/2021abca2.html