A Canadian man was sentenced to just six months in prison after being caught on camera throttling his stepson, after a judge ruled his indigenous heritage was a mitigating factor.

British Columbia Provincial Judge Tamera Golinsky made her decision on April 7 after the man, who was listed under the initials KJM, pleaded guilty to one count of assault by choking and one count of assault. 

The defendant's name was not listed due to a publication ban to protect the victim's identity, reported CP24.

The 33-year-old choked and kicked his girlfriend's child on two occasions while on a 'cocaine come down' on two days in June 2025.

In the sentencing document, Golinsky referred to KJM's indigenous heritage multiple times, despite noting that the violence could have 'an inevitable and long-term impact' on the child, reported CTV News. 

However, Golinsky took into consideration that while KJM was not raised in a 'traditional upbringing,' he is of First Nations descent through his mother. 

'While I acknowledge that there is no evidence that he or his immediate family were impacted by state actions such as residential schools, even the disassociation with one’s past and cultural heritage is a negative consequence of colonization,' Golinsky wrote in her decision. 

Golinsky subsequently ignored the prosecution's proposal that KJM be sentenced to one year in jail, followed by one year on probation. 

According to court documents, during the first assault, the man kicked and then choked the child while holding him down against the carpet. 

The second time, KJM went into the toddler's room while he was crying, kicked him in the head and left him lying on his back. 

No evidence suggested that he went back to check on the toddler. During both instances, the child was sitting on his bed in just a diaper. 

The investigation was prompted after the boy's mother found a scratch on her son and checked the nanny camera footage. 

KJM was living with the toddler and his mother at the time. According to Golinsky's decision, he acted as a stepparent and caregiver to the boy. 

'Both the mom and KJM appear to have, from time to time, used some measure of corporal punishment on the child,' read court documents.

Along with his position as an indigenous person, Golinsky took into account a 'traumatic brain injury' that KJM suffered when he was just 20. 

'KJM's brain injury is responsible for ongoing cognitive issues, including not only his memory, but also problems with executive functioning, communication problems, and increased emotionality,' it read.

Family members testified that the injury prompted him to seek self-medication with various substances. 

KJM told the courts that he had become increasingly frustrated with the toddler, prompting the assaults. 

'He explained that for those couple of days, his emotions and behaviors were fueled by an ongoing or enduring agitation resulting from him coming down from a cocaine high,' read court documents.

KJM is sober and works as a truck driver. He now lives on Vancouver Island with his new girlfriend and her pre-teen son.

Despite her shocking light sentencing, Golinsky noted the potential long-term effects KJM's violence could have on the toddler.

'Violence is a known adverse childhood experience,' she said. 'The extent of the impact is unknown, but I have no trouble finding that there will have been an impact.'

Golinsky was appointed to the Dawson Creek Provincial Court in 2020. 

She previously held the position of Crown Counsel in Dawson Creek and worked at multiple private law practices. 

The Daily Mail contacted the Provincial Court of British Columbia for comment.