Yukon sex offender released without treatment, because government won't pay

A Whitehorse sex offender is being released from jail today, despite concerns from lawyers and a judge that there's significant risk he may re-offend.

Billy Dean Callahan-Smith, 20, was convicted in 2015 for using Facebook to contact two 12-year-old girls and trying to arrange meetings for sex. He also sent one girl a photo of himself with his penis exposed.  

After that conviction Callahan-Smith was ordered not to contact any minors. On Thursday, he was sentenced to time already served for a breach of probation, for being in contact with a 15-year-old girl.  

Callahan-Smith is now being released on two years' probation to live with his parents. 

At a hearing in Yukon Territorial Court this week, Judge Donald S. Luther called Callahan-Smith a "troubled young man who needs considerable treatment, beyond what's offered by programs currently in this territory."

Yukon does not have a treatment program specifically for sex offenders.

Lawyers were urging the Yukon government to send Callahan-Smith to a renowned program in Alberta, at a cost of about $875 per day, but the government has refused to pay.

'We might be back before your honour'

"I'm as confused as anybody. I'm sad as I don't know what this means," said Mark Stevens, who works with the Kwanlin Dün First Nation's justice program, in court this week.

Stevens told the court he got a call from an assistant deputy minister of justice who said courts cannot compel the Yukon government to spend money on treatment. 

"I wish I had better news," Stevens told the court.

"The fear is that without intensive residential treatment, we might be back before your honour sooner than later," he said.

The fear is that without intensive residential treatment, we might be back before your honour sooner than later- Mark Stevens, Kwanlin Dün First Nation justice program

Crown Prosecutor Leo Lane agrees. 

"There is a long-term risk he will re-offend sexually. Certainly that risk is still alive and so far has not been adequately addressed," Lane said outside court. 

However, Lane said the Crown has no grounds to call for more jail time, as Callahan-Smith has "basically served his sentence."

Judge Luther added in the probation order a "strong recommendation" that Callahan-Smith attend treatment, though legally this has no power over the Yukon government.

"It would be tragic if this problem goes untreated and he keeps coming in and out of jail," Luther said on Thursday.

"Even more tragic would be more victimisation." 

Family wants treatment for Callahan-Smith

Lawyers would like to see Callahan-Smith seek treatment at the nationally-recognized Phoenix Program, which is geared towards sex offenders. According to Alberta Health Services, people usually take part in the program for a year. 

In court on Thursday, defence attorney David Tarnow said Callahan-Smith's family is saddened by the news that the Yukon government won't cover the cost of the program. 

He told court that Callahan functions at "the level of a six-year-old" and a lack of treatment "poses significant problems for the court.

"Obviously if it was strictly a medical thing they'd consider it," Tarnow said.

According to Tarnow, Callahan-Smith's mother has even "offered to move to Alberta and become a resident if it'll get him into the program." 

Callahan-Smith's parents and relatives declined comment.

Callahan-Smith's probation forbids him from contacting any children and attending public parks, pools, day cares and other places children gather.