Alberta drunk driver not a dangerous offender but gets 20½ years

A judge in Slave Lake, Alta., ruled Thursday that a man convicted of killing four people while driving drunk cannot be declared a dangerous offender.

Provincial court Judge Ernie Walter did, however, designate Raymond Charles Yellowknee a long-term offender and sentenced him to 20½ years in prison. That means once his sentence is completed, he will be subject to 10 years of close supervision.

Yellowknee, 35, was also given 4½ years credit for time already served in jail.

Walter said Yellowknee met most of the statutory requirements for dangerous offender status. But he said evidence at the hearing in 2007 showed Yellowknee is not a psychopath, and can be treated for his alcoholism.

The move to label him a dangerous offender was seen as a test case, because the designation is usually reserved for people who have committed repeat sex crimes.

It would have allowed authorities to keep him in prison indefinitely.

In January 2006, Yellowknee was drunk and driving a stolen truck near Slave Lake when, chased by RCMP, he swerved across the highway and smashed head-on into the car driven by Misty Chalifoux, 28.

The woman and her three daughters — Michelle, 13, Trista, 9, and Larissa, 6 — died in the crash.

Yellowknee pleaded guilty to four counts of impaired driving causing death as well as to criminal flight from police and driving while suspended. He also has several previous convictions for impaired driving.

Mixed reaction from victims' family

The family of Yellowknee's victims expressed satisfaction at the length of the sentence but disappointment at the Crown's failure to have him designated a dangerous offender.

"The law had a chance to put some teeth into it, and they didn't," said Frankie Carifelle, Misty Chalifoux's father.

"The fact that he has repeated this offence over a period of how many years, you know it proves to the court that he's done it. ... They won't be able to rehabilitate him, I don't think so anyway."

Crown prosecutor Jonathan Hak said the judge sent a strong message in his ruling today even if he stopped short of what the Crown was seeking.

"The sentence that was imposed today of 20½ years certainly would be the highest sentence in Alberta for impaired driving causing death and probably the highest in Canada," Hak said.

Yellowknee's lawyer, Laurie Wood, called the ruling fair.

"Mr. Yellowknee does accept responsibility for his actions," she said. "He knew he needed to be punished."

Judge exercised discretion: lawyer

"The judge in this case exercised his discretion," Toronto defence lawyer Phil Downes told CBC News Thursday, welcoming the ruling.

"[He decided that] the public can be protected by a lengthy term of imprisonment followed by this supervision order, and it's that discretion that I think is important that a judge have when addressing cases like this."

Downes questioned the importance of the ruling for future cases.

"It's always been open to the Crown in cases of impaired driving causing death to ask for life imprisonment," he said. "And so, you know, one would have to ask whether an exceptional case like this one really means that much in the long run."