Second delay in closing arguments

Closing arguments in the sentencing hearing for the teen who fatally shot four people in La Loche last year have been postponed again after the Crown prosecutor was named a provincial court judge.

Closing arguments were initially scheduled for Aug. 25 at Meadow Lake provincial court, but were adjourned until Friday because two defence witnesses wrote to the judge saying new evidence suggested the youth shooter had fetal alcohol syndrome. The Crown was expected to cross-examine those witnesses on Friday before launching into closing arguments, but proceedings were put on hold because Crown prosecutor Lloyd Stang had to remove himself from the case after accepting an appointment as a provincial court judge in Melfort.

Judge Janet McIvor said all parties will meet on Sept. 11 to set a new date for closing arguments.

The teen shooter, who can’t be named under the Youth Criminal Justice Act, was just weeks away from his 18th birthday on Jan. 22, 2016, when he shot two people in a home and then opened fire inside La Loche Community School. He pleaded guilty last October to two counts of second-degree murder in the deaths of brothers Dayne and Drayden Fontaine, two counts of first-degree murder in the deaths of teacher’s aide Marie Janvier and teacher Adam Wood, and seven counts of attempted murder.

Over a week in May and another in June, court heard the teen shooter struggled in school.

A psychiatrist who testified for the Crown said the shooter does not have a psychosis and cannot conclusively be diagnosed with any mental disorders.

However defence witnesses Dr. Monty Nelson and Dr. Mansfield Mela said the teen struggled. Mela testified that the teen has symptoms of post-traumatic stress disorder, an intellectual disability, and major depressive disorder and displays signs of fetal alcohol syndrome.

In June, Mela said he couldn’t confirm a fetal alcohol syndrome diagnosis because interviews with the teen’s mother provided “inconclusive” information.

The judge later ordered a Gladue report on the teen’s background. Such reports provide information about Aboriginal offenders’ backgrounds and, in this case, discussed the drinking habits of the shooter’s mother. After reading the report, Mela and Nelson both said they would confirm a fetal alcohol syndrome diagnosis for the teen.

McIvor will eventually decide whether to sentence the teen as a youth or an adult.