Youth acquitted of threats to shoot students at Yellowknife school
Jamie Malbeuf | CBC News | Posted: July 24, 2018 9:00 AM | Last Updated: July 24, 2018
'I don't think, ultimately, a charge should have been laid,' says the youth's lawyer
A youth, who was charged after allegedly threatening to shoot three students at a Yellowknife school in March, has been acquitted.
The youth was originally charged with three counts of uttering threats.
CBC cannot name the school due to a publication ban in court that prevents identifying the school and the youth, who's a minor.
Peter Harte, the youth's lawyer, said the youth was acquitted because they didn't intend to make a threat.
"In this case, during the course of a counselling session, my client made certain statements about how [they] felt toward other individuals and it was in simply providing an honest answer to [the] counsellor's questions that [they] made these statements," said Harte.
Harte said the offence of threatening requires the individual to have the intent, or "the mental element," to make the threat — and to intend for it to be taken seriously.
Harte said the youth was not saying they wanted to hurt somebody, rather the youth was saying that this was how they felt.
Harte said Chief Judge Christine Gagnon decided to acquit the youth because of the circumstances surrounding the youth's intent.
Lawyer questions grounds to lay charges
Harte said Gagnon "went out of her way" to say that this was an important case because of the potential consequences associated with failing to act.
He said Gagnon added that the steps taken should be recognized as necessary — "in terms of making sure the authorities were told about what had taken place, and making sure it was appropriate [that] the accused could come back to school."
Harte said the issue was not whether the threat should have been taken seriously. He questioned whether there were grounds to lay charges in the first place.
"I'm glad the police looked into it, but I don't think, ultimately, a charge should have been laid," said Harte.
"It was entirely appropriate, as far as the court was concerned, for the school to take further steps to look at it."