Saskatoon StarPhoenix

School shooter’s appeal set for April

- ANDREA HILL ahill@postmedia.com Twitter.com/msandreahi­ll

The appeal hearing for the young man who was sentenced to life in prison for killing four people during a shooting rampage in La Loche in 2016 has been scheduled for April 11.

The shooter was weeks away from his 18th birthday on Jan. 22, 2016, when he picked up a rifle, gunned down two brothers in their home, and then drove to the La Loche high school, where he killed two more people and injured seven others.

In the fall of 2016, the shooter pleaded guilty to two counts of first-degree murder in the deaths of teacher’s aide Marie Janvier and teacher Adam Wood, two counts of second-degree murder in the deaths of brothers Dayne and Drayden Fontaine and seven counts of attempted murder.

Last year he was sentenced as an adult to life in prison with no chance of parole for 10 years.

Defence lawyer Aaron Fox appealed that decision, arguing that the judge erred in sentencing the young man as an adult.

The maximum youth sentence the shooter could face is a term of six years in custody and four years under supervisio­n in the community.

In his notice of appeal, Fox argued the judge failed to apply evidence about the shooter’s cognitive ability, his apparent Fetal Alcohol Syndrome Disorder (FASD) and Gladue factors, which address the background of Indigenous offenders, when sentencing the youth.

He also argued the judge was wrong not to issue a recommenda­tion for the shooter to be considered for an intensive rehabilita­tion custody and supervisio­n order — a provision under the Youth Criminal Justice Act that allows for youths suffering from mental illness or disorder and who are convicted of murder, attempted murder, manslaught­er or aggravated sexual assault to have access to specialize­d therapeuti­c programs and services.

Over two weeks of sentencing in 2017, court heard that the shooter was a quiet teen who struggled in school. Experts said he had FASD and cognitive challenges.

In sentencing last year, Judge Janet Mcivor said a youth sentence “would not reflect the seriousnes­s” of the shooter’s crimes.

Mcivor said that while the shooter has a low IQ and may have FASD, his moral culpabilit­y for his crimes was high. She described the shooting as “very sophistica­ted” and said the perpetrato­r had carefully planned his actions to cause the most damage; for example, by using a shotgun instead of a rifle.

La Loche Mayor Robert St. Pierre has said many people in the village are disappoint­ed that the sentence was appealed.

Despite sentencing the shooter as an adult, Mcivor has ordered that his identity not be published until any appeal is resolved.

One day has been set aside for the appeal hearing at the Saskatchew­an Court of Appeal in Regina. The shooter is expected to appear by video.

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