Brandy Vittrekwa's killer could have had shorter sentence as adult
Gwich'in Tribal Council calls for review of youth's sentence
There's been criticism of a sentence given yesterday to the Yukon teen who killed Brandy Vittrekwa, but if the youth had been sentenced as an adult, he may have spent even less time in jail.
The youth, who was 15 at the time he beat 17-year-old Vittrekwa unconscious and left her alongside a trail in a Whitehorse subdivision, pleaded guilty to manslaughter. He was given the maximum sentence for manslaughter under the Youth Criminal Justice Act — two years in custody and one year of supervision outside of jail.
Crown prosecutors had asked for an adult sentence of four to six years.
Vittrekwa was living with her family in Whitehorse but was originally from Fort McPherson, N.W.T., and a member of the Tetlit Gwich'in First Nation. Since the sentence was handed down, the Gwich'in Tribal Council says it has been hearing from people who think it's outrageously lenient.
Norman Snowshoe, the council's president, says he is going to ask the Yukon Justice Minister to review the sentence the killer was given.
"We're very, very concerned and disappointed about the sentence," he said.
"Two years in our opinion is very light."
But according to defence lawyers, the sentence is not as light as it sounds. It will end up being longer than most adult sentences the youth could have served.
Had the youth been sentenced as an adult, the judge would have to subtract time — likely a year and a half — as credit for the time the youth had spent in custody awaiting trial.
"For youth, it's a little bit different, in that the court is directed under the legislation to take into account the pre-trial custody. The legislation doesn't say the judge is required to deduct it from the time the person will serve as a sentence," said Yellowknife lawyer Charles Davison.
In this case, the youth was given no credit for the more than a year he's already spent in jail.
Also, people sentenced as adults are eligible for release after serving only one third of their sentences.
As a youth, Vittrekwa's killer must serve out the full two years of jail time. After that, he will be on supervision — essentially parole — for one year.