L'ETCAF et le Système de Justice

R v Keenatch 2019 CarswellSask 477, 2019 SKPC 38

H.M. Harradence J.

Saskatchewan Provincial Court-Decided August 28, 2019

Accused, together with two other inmates, attacked another inmate in weight room of penitentiary — As result, accused and two other attackers were charged with aggravated assault — Two other attackers pleaded guilty to assault with weapon and were sentenced to 18 months imprisonment — Accused was convicted after trial of assault causing bodily harm — Sentencing hearing to determine appropriate sentence — Accused sentenced to 30 months additional imprisonment and to long-term offender designation — Accused had been convicted of violent offences in past, including manslaughter, breaking and entering, aggravated assault and robbery — Beating of other inmate was serious personal injury offence — Aboriginal accused had difficult childhood as his parents were deceased and he was sent to different foster homes — Accused was diagnosed as suffering from partial fetal alcohol syndrome — Accused was impulsive, had anti-social personality disorder and suffered from attention deficit hyperactivity disorder — Correctional authorities did not adequately modify their programming to accommodate accused's disability — There was evidence that accused was motivated to seek programming — Many obstacles for accused were due to institutional rules of wait lists which ignored any efforts to reduce his risks — Accused had disaffiliated with gang and had been free of violence for over one year — While there was risk of harmful recividism, risk could be manageable given appropriate programming.