Sentence for youth who tortured gophers stayed due to court delays

A youth who skinned gophers alive and cut off their feet had his sentence stayed because the time it took for the case to conclude violated his rights.

The youth was found guilty in August of causing pain or suffering to an animal.

But because 27 months had passed from the time the charge was first before the courts, judge Michael Gray in October ordered a stay of proceedings at a Prince George hearing. Gray’s judgment was released last week at the request of The Citizen.

“(In) my view that is not acceptable,” Gray said in his judgment, finding the time amounted to an unreasonable delay. As a result of the stay, no criminal conviction will appear on the youth’s record.

The offence happened in 2013 but by January 2015, the defence still did not have disclosure from the Crown and the trial was ultimately delayed until June 2016.

The boy is from a community outside of Prince George and cannot be named due to a publication ban protecting his identity under the Youth Criminal Justice Act.

The case against the youth, whose age is not mentioned in the judgment, hinged on his confession of gopher torture to a woman mentoring him and a 15-year-old boy who witnessed the attack. Their words were pitted against the accused’s testimony, which Gray ruled unreliable.

Court heard the boys looked for traps over a few days and tried to snare gophers.

When they discovered the animals the Crown’s witness, who was 12 at the time, said the gophers were still alive with snares around their necks.

He recalled hearing the gopher’s squeals as the accused cut their paws off. He estimated they died within 10 to 15 seconds.

The judge noted that provincial court matters should not exceed 18 months, unless the Crown can prove exceptional circumstances. Gray said in this case the Crown could not have done anything more than they did.

However “(the) Crown at large can be criticized for not taking steps to remedy what are now viewed as institutional delays,” he noted, adding circuit courts in remote locations are unique because of the limited number of court dates.

Gray also pointed to a 1991 Ontario Court of Appeal decisions stressing youth matters need to be dealt with expeditiously, with a time limit shorter than 18 months.

“(Youth) are in the process of growth and need direction and support and the longer the delay takes place, there is not timely resolution.”