Lori Coolican, Canwest News Service Published:
National Post
ROSE VALLEY, Sask. -- A Saskatchewan man will have to wait a month to find out if he will be sentenced by a traditional First Nations sentencing circle for his role in the freezing deaths of his two young daughters.
Christopher Pauchay pleaded guilty last month to a single count of criminal negligence causing the deaths of his daughters, three-year-old Kaydance and 16-month-old Santana, by failing to protect them from the elements.
The toddlers were dressed only in diapers and T-shirts when an intoxicated Pauchay left his Yellow Quill First Nation home with them in the early hours of Jan. 29 when temperatures dropped to -50 C with the wind chill factored in. The reserve is about 300 kilometres east of
The 24-year-old was found alone and unconscious on a neighbour's doorstep sometime later, suffering hypothermia and frostbite.
No one knew the girls had been with him until he awoke in hospital about eight hours later and immediately asked about them.
Searchers found Santana's frozen body on the reserve later that day and Kaydance's the following day.
A Crown prosecutor argued Friday that Pauchay's crime was so serious, it deserves at least a two-year penitentiary sentence.
"This is basically akin to child abuse," Marylynne Beaton said. "He gave them life, and he owed them a duty to keep them safe from harm."
Beaton said if Pauchay's admission to negligence causing death results in a penitentiary sentence, there would be no point to convening a sentencing circle, because there would be no probation conditions for the circle to decide on.
"If that is the case, will a sentencing circle assist your Honour in the sentencing process?" she asked.
Beaton also pointed out that Pauchay will go to jail regardless of who sentences him. A recent amendment to the Criminal Code precludes judges from ordering conditional sentences for serious personal injury offences.
Pauchay's lawyer, Ron Piche, argued his client's case is ideal for the sentencing circle model.
A recent survey of 64 residents of the First Nation found 92 per cent are in favour of a sentencing circle for Pauchay, Piche said.
"It's put a blight on the community," he said of the girls' tragic deaths. "And I think the community wants . . . an opportunity to show there's more to the community than what's been portrayed in the media."
OPTIONAL TRIM
There is also no prescribed minimum sentence for the offence, Piche said. Pauchay, who pleaded guilty and has shown obvious remorse, is also a victim of the incident, he said.
Pauchay has been taking counselling for alcohol abuse since he was released on bail.
Yellow Quill Chief Robert Whitehead has voiced support for the idea of a sentencing circle, saying it could be a good way for everyone to confront the collective problem of alcohol abuse on the reserve.
If the application for a sentencing circle is granted, the final word on his sentence will still rest with a provincial court judge.
Beaton said she will recommend Pauchay serve between 2 1/2 and five years in a penitentiary for the crime.
OPTIONAL TRIM ENDS
Court will reconvene for the judge's decision in