An Ohsweken youth who was driving drunk in 2009 when he hit a group of teens - killing two and severely injuring two others - has been sentenced to 3 1/2 years in custody.
In passing sentence Monday, Justice Ken Lenz directed the teenager to serve the sentence in a youth facility.
The youth, who was 17 at the time of the accident, cannot be named under the provisions of the Youth Criminal Justice Act. He was at the wheel of the SUV that hit and instantly killed Shawn McLaughlin, 18, and 17-year-old Ciaran Milmine on Burtch Road in Mount Pleasant on Sept. 26, 2009.
Two teenaged girls were severely injured in the crash.
"I am so sorry," said the young man, adding: "If I could go back to that night and change what happened I would but I can't change what happened."
The sentence and Lenz's explanation of it were met with anger and concern by family members and friends of Milmine and McLaughlin.
"About the sentence, I don't think it's appropriate," Eugene Fagan, Ciaran's father, said outside the courtroom.
"I think it shows there are two forms of law here: native and non-native. And we're all supposed to be equal."
He said he also is upset because he thinks the sentence will no nothing to stop drinking and driving.
"I think Justice Lenz had an opportunity to sent a message to people, to send a message to the community, that this type of crime won't be tolerated," he said. "I think he missed that chance and people will just keep doing it. They'll just keep drinking and driving."
It may be time for the government to get involved to make sure sentences better fit the crime, said Fagan.
Jim McMahon, Shawn McLaughlin's grandfather, also expressed anger at the sentence. He noted that the young man will be free in only a few months with nothing to stop him from doing it again.
Although there were no interruptions during the court proceedings, afterwards there was a verbal dispute involving supporters of the two victims and people connected to the defendant. Insults and shouting could be heard but the situation was brought under control by OPP officers, with help from Brantford police officers in the parking lot area across from the courthouse.
In an earlier court proceeding, assistant Crown attorney Lawrence Brock had asked the court to sentence the youth as an adult to a term of incarceration of between six and eight years.
Defence lawyer Howard Staats had suggested that his client be sentenced as a youth to a sentence of between 12 to 15 months. However, Staats, had also recommended that if the court felt the young man should be sentenced as an adult, a term of three years to be served in a youth facility.
In passing sentence Lenz called the Crown's recommendation "an inappropriate approach to sentencing" because it called for three years consecutive for each death equalling six years and another one year consecutive for the two injured victims for a total of eight years.
"The Crown suggests that the court should put a value on each victim, which is clearly impossible," Lenz said. "No one can place a value on a life or the quality of life as both are priceless.
"The Crown's approach suggests, in my opinion, revenge for the victims and the victims' families as opposed to retribution."
Sentencing in cases like this should focus on the crime and not the result, the judge said.
However, he also disagreed with the defence counsel's position that the victim should be sentenced as a youth because it would not sufficiently hold him accountable for his actions.
In determining an appropriate sentence, Lenz said he had to consider a number of factors including the fact that the defendant is aboriginal, his age at the time, retribution, equity and the reduction of sentence based on the fact the youth pleaded guilty, which is sign of remorse.
He noted, too, that in a similar case involving an adult, the Crown attorney's office recommended a two-year sentence for impaired driving causing death. The woman charged in the case was impaired by alcohol, marijuana and cocaine. Her blood-alcohol readings were 257 to 300 milligrams of alcohol per 100 millilitres of blood, much greater than that of the youth in court on Monday.
In addition to the time of incarceration, the youth is prohibited from operating a motor vehicle for six years, prohibited from owning weapons for 10 years after his release and will have to provide a DNA sample.
The tense courtroom was filled with family members and supporters of the victims and the youth.
Security was heavy with numerous OPP officers in the courtroom, as well the usual complement of special court constables. Many family members and supporters wore T-shirts bearing photos of Milmine or McLaughlin. Carol Fagan, Milmine's mother, clutched a large photograph of her son.
The courtroom fell silent when Lenz entered.
Everyone strained to hear as the young man in the prisoner's dock apologized for his actions. He wiped away tears as he concluded.
He stared at the floor while Lenz reiterated the facts of the case and some of the factors considered in the sentencing.
"At its simplest what transpired was that the defendant with a G-1 licence, contrary to the permission of his parents, took his parents' motor vehicle, consumed substantial quantities of alcohol, along with his friends, and was returning to the house party where he had been consuming alcohol," Lenz said. "He was speeding and, as a result, no doubt because of the consumption of alcohol, proceeded through a stop sign facing him at the intersection of Burtch Road and Mount Pleasant Road."
Court was told that the young man went through the intersection in the westbound lane but because of a jog in the road at the intersection, the youth found himself in the eastbound lane. He veered to the right to avoid an oncoming vehicle. In doing so, he overcorrected, which led to a collision with the two deceased who were apparently standing beside a motor vehicle parked on the shoulder of the road.
And, although he knew that he had struck someone, the youth continued on until stopped by police. He didn't know the severity of the injuries he caused, Lenz said.
Lenz went into great detail about the many factors he had to consider in the sentencing. He also spoke about the incredible emotional toll that the accident has had the families of the victims.
"The pain and suffering of the families and friends was palpable and understandable," Lenz said. "No parent ever expects a child to predecease them.
"Rather they expect to see their son or daughter graduate from school, form relationships, obtain employment, marry and ultimately have children. All of these joys have been denied to family and friends by the thoughtless action of the defendant."
Lenz noted that the defendant had no record and no involvement with inappropriate behaviour or with the police. And, although he has experimented with alcohol and drugs, he doesn't appear to be addicted to either, the judge said.
There is no indication of any lack of respect for authority or any violence at school but there has been some truancy, he said.
He noted, too, that the defendant is an excellent athlete, approaching elite level, who referees and volunteers with Six Nations Minor Hockey Association.
The young man has resided on Six Nations all his life.
Lenz said the he is, by law, obliged to consider the young man's aboriginal ancestry for several reasons. Canada over incarcerates native people on a per capita basis and generally incarcerates natives for longer periods of time as opposed to non-natives.
As well, aboriginal people suffer social disadvantages at a substantially higher rate than non-natives including family breakdown, physical and sexual abuse, under-employment and under emphasis on education, the judge noted.
The young man's pre-sentence report and letters of support are such that "he would appear to be the last person who would involve himself in this type of behaviour," said Lenz.