Bail hearing set for boy accused of killing brother
Unclear if 12-year-old will be attending funeral
The bail hearing for a 12-year-old boy accused of killing his 16-yearold brother inside their Dorval home will be held on Tuesday, a judge has determined, leaving the boy detained for at least another three days.
The accused’s attendance at his brother’s viewing and funeral, scheduled for Wednesday and Thursday, depends on the outcome of the hearing.
The boy has been charged with manslaughter and possession of a prohibited firearm after his older brother was shot in the upper body with what police described as a “family gun” Monday evening. The victim was rushed to hospital following a 911 call, where he was pronounced dead.
“It’s very important (for the family) that (the 12-year-old) be released so he can go to his brother’s funeral,” said Sonia Harvey, a legal aid lawyer defending the boy. “It’s absolutely necessary for them that he be present, to mourn together as a family.”
In the meantime, Harvey has asked the court to provide her client with psychological and other crisis services while he remains in detention at a Batshaw youth centre.
“He’s been taken out of his family and put in a (detention) centre for the first time,” Harvey said. “He has asked to see a professional and seeing a nurse at Batshaw is far from sufficient.”
Another legal-aid lawyer assigned to the case, Karine Doherty, described the boy as very articulate, with a good understanding of the legal process. He has shown no emotion as he has stood inside the prisoner’s box during the two hearings held so far to discuss his detention.
Doherty said she wanted someone to evaluate the boy psychologically.
“He’s a 12-year-old boy who must be in shock,” Doherty said. “He hasn’t seen anyone in five days (since his arrest) and under the circumstances, it’s obvious he needs help.”
The judge, noting the boy’s age, agreed to place him under the care of Quebec’s youth protection department. Twelve is the minimum age that someone can be charged with a criminal offence in Canada.
Though police initially spoke about an accident, prosecutor MarieClaude Bourassa said Tuesday the evidence suggested otherwise. The 12-year-old, after being questioned by police investigators throughout Monday night in the presence of one of his parents, was taken into police custody and charged.
But neither the Crown nor the defence lawyers have received any additional evidence since Tuesday. Bourassa said the police investigation into the family and the boy’s situation is ongoing. Given the seriousness of the charges, however, Bourassa said the Crown is opposed to the boy’s release.
“We don’t know a whole lot yet, but there’s the gravity of the charges, the issue of having witnesses present, and there may be other problems that have not yet been identified,” Bourassa said, adding she would present at least one witness at the hearing on Tuesday, which is expected to last most of the day.
If a judge rules that he should be released, however, the question will be where the boy should stay while awaiting his trial.
Both parents, flanked by several members of their extended families, were present in youth court for their son’s brief appearance. They divorced in 2008 and have lived separately since.
Court records show the father was charged with assaulting both his sons in 2007, when they were seven and 11, assaulting his wife and uttering death threats against her, and improper storage of a firearm. (The records state that the man owned $6,000 worth of hunting rifles.)
He was released on a promise to appear and had to agree not to be in contact with the family or come within 300 metres of their home. A year later, all charges were withdrawn. But the mother and father have faced each other in court several times since then over child-support payments.
Neither the boy nor his family members can be named under the Youth Criminal Justice Act.