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At the appeal hearing for the sentence of the gunman that killed 4 people in La Loche in January 2016. His lawyer wants the shooter to be sentenced as a youth. More details: saskatoon.ctvnews.ca/mobile/court-t… #Sask
Justice Georgina Jackson, Chief Justice Robert Richards and Justice Jerome Tholl are the judges. Defence lawyer Aaron Fox is representing the shooter, while Bev Klatt is the Crown prosecutor. #Sask
Defence lawyer Aaron Fox says his client should be sentenced as a youth not as an adult. Adding a statement filed by a teacher that dealt with the shooter said the shooter was always a bit of a loner. #Sask
The statement added the teacher considered the shooter to be depressed. Describing the gunman never seemed comfortable around the teacher but he was getting there. #Sask
Fox states the teacher never saw any violence from the gunman. But he didnt really ever respond, and says the shooter often said he was “too blazed” to work in school. Meaning he was often high on marijuana. Adding the shooter struggled with motivation at school. #Sask
Fox says the teacher said there was a meeting to figure out how to get the shooter to try harder in school. He Seemed disengaged. Saying “what is the deal with this guy?” Fox argues at the sentencing hearing, the question was essentially the same, what to do with this person?
Fox argues the trial judge didn’t go far enough into looking at why the shooter did it. Saying all they asked was why? The gunman said “I don’t know” and Fox says that’s as far as the court pushed for reasoning.
Fox argues there wasn’t enough asked about why it happened. Calling the school journal of the gunman depressing, the shooter described his dislike for school and once said a solution for a fellow classmates problems was to form a murder plan. Saying the journal is a cry for help.
“There’s a long list of items there that are recommended to take place. None of that ever happened” Fox describing recommendations made for the shooter as a child. Says it shows no one acknowledged his issues and didn’t consult his family enough. #Sask
Fox says based on grades and reviews, the shooter did not progress in school for six years. Adding he needed more special attention. Teachers also recommended the shooter needed more help, calling him a “mystery box for educators,” adding he wasn’t aggressive. #Sask
Fox states the high school wanted to have the shooter tested. Adding the shooter never really had anyone to confide in. He couldn’t name anyone he could go to for help. “He was a young man falling through the cracks of the system.” The shooters family member agreed with that idea
Fox says the issue was the shooter hated the situation he was living in. Adding a more mature person would be capable of handling going to school and not enjoying it. Arguing the gunman couldn’t physically handle it.
Tests showed the shooter was operating at a very low level of thinking. Fox adds the shooter was using marijuana daily and was self medicating to deal with his feelings. Adding the conflict was, he hates school, but he had to go to school. #Sask
Fox says the shooter was bullied in school. Multiple testimonies referenced say the gunman was bullied and kept to himself about. Adding he always had a sad depressed look on his face. #Sask
Fox says there were numerous examples of the shooter lacking maturity. He didn’t have a drivers licence, he hated going to school but still obeyed his mother’s direction. Adding he couldn’t articulate what happened the day of the shooting. #Sask
“He didn’t disguise himself, he didn’t try to escape,” Fox says the shooter was prepared to die the day of the shooting. Adding when he plead guilty the shooter said he would cooperate fully because he wants treatment and wants to figure out what’s going on.
Fox says a youth sentence would have ensured a treatment plan would have taken place. #Sask
Fox says the shooter is currently in maximum security prison in BC, not receiving mental health treatment. #Sask
Fox argues the gunman slipped through the cracks his whole life. Adding he believes the gunman didn’t meet the requirements for a youth to be sentenced as an adult because of his low maturity and mental capacity. #Sask
Fox argues there was no availability for the shooter in Saskatchewan to be in a youth treatment program because they don’t offer it in adult prisons in Sask. Saying the province needs to make some program to help.
“He didn’t have anybody to turn to,” Fox again pointing out how the shooter seemed alone. And testing showed the gunman gave simplistic answers and it was difficult for him to elaborate. But cognitive issues were and issue with a tested IQ of 68. #Sask
Fox says an MRI was requested to be done to see if there were more issues, but the trial judge felt they didn’t have the authority to order it. Fox says “its troubling” arguing the Youth Justice Act gives the judge the power to do so. #Sask
“The trial judge discounted the fact that he was suffering from depression,” Fox adds the shooter had a number of mental disorders.
Chief Justice Robert Richards points out many adults commit crimes at a low maturity level. But Fox argues that those are adults. His client was a youth. So he should be looked at as a youth. #Sask
Fox argues he took the shotgun to the school because the rifle jammed, not because it would do more damage. Adding when he showed up to the school, he went in without a gun at first. Fox argues it indicates a final call for helpful intervention.
Fox argues the shooter did feel remorse because his victim impact statements showed he was listening to how it effected those still alive. Apologizing for specific problems the victims now have. He couldn’t recite the words, but could write it down.
Fox argues the problems the shooter was facing were not acknowledged. Adding his cognitive issues made it so he couldn’t deal with the problems.
Court adjourning for a ten minute break. Should be hearing from the Crown after.
Court has resumed. Crown prosecutor Bev Klatt now speaking. Klatt argues the use of marijuana was not completely a coping mechanism, as the shooter never gave a reason for why he smoked marijuana. And numerous reviews did not say marijuana was a coping mechanism.
Klatt says the shooter had said he uses marijuana to calm down. So it couldn’t have been a coping mechanism for issues at school. It was just a way to calm down. #Sask
Klatt argues the shooter was close with his family and loved his family. Adding the judge found the gunman was not bullied. Klatt argues the shooter was adamant was that he was not bullied either. #Sask
Klatt says the judge acknowledged the academic challenges and low IQ, but a doctor said the shooter didn’t stand out for being greatly mentally delayed.
Klatt argues cognitive limitations did not account for the extreme violence shown in the shooting. Adding the judge didn’t have the authority to order an MRI.
“It was relatively sophisticated for as far as plans go,” Klatt says he had mentioned the idea of the shooting before the event. Adding he researched the proper ammunition for guns and learned about other school shootings. #Sask
Klatt adds the shooter researched the emotional impact shootings have on victims. And looked at what would happen after a shooting. Klatt argues that shows him planning. #Sask
Klatt says after the shooter killed the first victim, he turned off the victims phone. Arguing that shows the shooter didn’t want people to know. Adding he lured the other victim back into the house before shooting him. Klatt argues it shows problem solving. #Sask
Klatt says the shooter demonstrated a level of maturity and the actions of an adult. Saying he was able to control and manipulate the adults around him. Adding the actions were not impulsive. And showed the sophistication of an adult. #Sask
Klatt argues the shooter did not have the vulnerability that a youth has. Arguing it was right to sentence him as an adult. Saying the judge felt the shooter was the sole planner and the only one who did the act. Meaning he was accountable. #Sask
Klatt points out the impact the shootings had. Says it’s hard to imagine a worse scenario than what happened in La Loche that day. Argues the event shocked the country to the core. #Sask
Klatt argues it’s more than just a matter of the shooter being depressed. Saying the treatment of depression he received didn’t slow his aggression and thoughts of hurting others.
Klatt adds the judge found the shooter was simply too old to be taken into Intensive Rehabilitation Custody And Supervision-a federal program to deliver specialized therapeutic programs and services for youth with mental health needs who are convicted of a serious violent offence
Klatt says it seems like the older the youth is the harder it is to get into Intensive Rehabilitation Custody And Supervision because of the timing it takes to go through court.
Klatt finishes her submission arguing the judge did not make any mistakes when sentencing the shooter originally.
Fox argues the shooter felt forced to go to school because he didn’t realize he had the choice to go. Fox adds an MRI would have determined a suspected brain injury, saying there is clearly authority for the courts to order an MRI.
Fox now discussing the Intensive Rehabilitation Custody And Supervision. Says if the shooter was sentenced as a youth and put into the program, and the province made space available for youth ages 16 and 17, he wouldn’t have ended up in a federal prison.
Court adjourned now. Justice will return with a written decision when they have made one. #Sask
