Features

 Front Page
 News Desk
 News Briefs
 News Summaries
 Columnists
 Sports
 Editorial
 Arctic arts
 Readers comment
 Find a job
 Tenders
 Classifieds
 Subscriptions
 Market reports
 Handy Links
 Best of Bush
 Visitors guides
 Obituaries
 Feature Issues
 Advertising
 Contacts
 Today's weather
 Leave a message


SSISearch NNSL
 www.SSIMIcro.com

NNSL Photo/Graphic



SSIMicro

NNSL Logo.

Home page text size buttonsbigger textsmall text Text size Email this articleE-mail this page

Family says sentence not fit in daughter's death

Paul Bickford
Northern News Services
Published Friday, July 3, 2009

LIIDLII KUE/FORT SIMPSON - By day, Mike Carruthers works a government job. After hours, he often finds himself in the morgue.

This year marks a decade since Carruthers became the owner of Inuvik Funeral Services and entered into a line of work nearly impossible for him to enjoy.

Go to story

Keisha Trudel died in a 2008 vehicle accident in Fort Smith. - NNSL file photo

Sharon Allen – the mother of 16-year-old Keisha Trudel, who died in the Nov. 23 accident – is disgusted that the sentence given to the driver, who was 16 at the time of the incident, did not include any jail time.

"What I want is the justice system to make an example of these young people," she said, adding they're getting away with too much.

Speaking from her home in Fort Simpson, the victim's mother said there should have been a sentence of six to nine months in jail, as suggested by the Crown.

"Mind you, that's not a lot of time, but that's a definite message," she said.

In youth court in Fort Smith on June 25, the now 17-year-old boy, who cannot be identified, was handed two years' probation (the first year with a curfew), a five-year driving prohibition and 240 hours of community service.

The court was told the boy, who pleaded guilty to the offence, had been drinking prior to the accident.

Allen said she doesn't want her daughter remembered as just another statistic, adding all life is valuable.

"She was a lovely young person, and she had a lot more life to live," Allen said.

Her anger also extended to territorial court judge Bernadette Schmaltz, who sentenced the Fort Smith teenager.

"To me, she's not a very sympathetic judge," Allen said.

During the sentencing, Schmaltz said she was satisfied the young man had accepted the seriousness and the consequences of his actions. She cited the positive steps he had taken since the accident, such as quiting drinking and illicit drugs and seeking counselling.

"I'm not convinced a custodial sentence would contribute to (his) rehabilitation and reintegration," she said.

The judge explained, under the Youth Criminal Justice Act, she is not to pass a sentence based on general deterrence, which is the principle of setting an example to prevent others from committing a crime, or denunciation, the principle of expressing the community's condemnation.

Instead, a judge has to consider the rehabilitation of a young offender. Schmaltz said she recognized the death of Keisha Trudel has shattered the lives of her family.

The judge said the boy will also have to live with the consequences of his actions for the rest of his life.

"That is perhaps his life sentence in this situation," she said.

Kevin Allen, the stepfather of Keisha Trudel, said he believes an appropriate sentence would have been one month in jail for each year of her life.

While adding there is nothing that can be done to give the family their daughter back, he said justice must be served.

Sharon Allen called on the public to speak up.

"Don't just stand there and let these things happen," she said.

She also said the Youth Criminal Justice Act has to be changed.

The victim's mother is also questioning the RCMP investigation into the accident, wondering why there was no breathalyzer test given to the driver and adding they should have taken a blood sample.

According to an agreed statement of facts read in court on June 23, there was no breathalyzer technician available at the time of the accident.

"There are so many gaps in the investigation," Allen said. "It was just so sloppily done."

She also said the whole justice system is tilted in favour of the accused.

"I'm disheartened and I'm disgusted with it," she said.

Allen said she is looking at options to give her family and her late daughter a voice.

"Believe me, they haven't heard the end of me," she said.

Allen said she intends to work to raise public awareness, seek changes to the Youth Criminal Justice Act, and has written letters to her MLA and Dehcho First Nations.

On Nov. 23, 2008, the RCMP was called to a residence in Fort Smith, after a report of an accident involving an SUV that resulted in a girl being thrown out a rear passenger window.

It is believed Trudel died instantly from massive head trauma.

The driver and two others in the vehicle were uninjured.

Trudel, originally from Fort Simpson, was in Fort Smith with her mother, who is studying at Aurora College to become a teacher.