Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The Respondent, an aboriginal young person, was convicted of manslaughter and theft following a plea of guilty. The manslaughter occurred during a fight with the deceased. The Respondent was intoxicated and had swung a stocking-covered pool ball at the victim's head during a fight. The theft charges related to stolen speakers.

Although charged under the Young Offenders Act, the Appellant was sentenced under the Youth Criminal Justice Act, S.C. 2002, c. 1. He had a previous youth record, but it was minor. In sentencing the Respondent, the sentencing judge noted that he had reduced his use of alcohol intake since the incidents had occurred. There was a risk assessment that determined he was at a low risk to re-offend. He had stable family support. The Respondent had accepted responsibility for his actions and had shown remorse. While on judicial interim release, he had breached his curfew once. The Respondent was sentenced to a custody and supervision order for 15 months, followed by one year of supervised probation. The custodial portion of the order was one day, and the remainder of his sentence was to be served under conditional supervision in the community. The sentencing judge determined that the offence of manslaughter committed by the Respondent was a serious violent offence under the Youth Criminal Justice Act. The Appellant Crown appealed the sentence to the Court of Appeal for Manitoba. The appeal was dismissed.