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15-year-old under house arrest until trial

Erika Sherk
Northern News Services

Yellowknife (Dec 15/06) - A 15-year-old Yellowknife youth with a history of snowmobile theft was kept in custody last weekend and then put under house arrest after appearing in front of a judge Tuesday.

The youth had been arrested Dec. 9 and charged with possession of stolen property.

At the hearing, deputy judge Cunliffe Barnett asked if there was an adult who could step forward and take responsibility for the boy.

The boy's parents, who had been ejected from the courthouse the day before for causing a disturbance, were present and questions were raised as to their suitability to supervise their son.

Shelley Tkatch, crown counsel, asked for the boy to remain in custody as he had been previously convicted of possession of stolen property five times while living with his mother and father.

However, Margo Nightingale, the boy's lawyer, said his parents were "very much prepared to stand by him."

She added the family was dealing with other problems. The youth has attention deficit hyperactivity disorder, she said, which has caused "frustration" with attending school.

The youth, seated next to Nightingale, looked back in his parents' direction several times during the hearing.

The boy had been in custody since his arrest Saturday. That experience had "opened his eyes to what lies ahead if he continues to get into trouble," she said.

She suggested he be released into the care of his parents, with conditions such as reporting regularly to the RCMP by telephone.

"His parents were here at the courthouse raising hell," said Barnett. "It does not inspire a great deal of confidence in their ability. I need to hear from the parents."

The boy's father pledged in court that he would call the police if his son breached his court order.

"I'd try to stop him for sure," he said.

The youth's mother said she would allow police to come to her house and search for her son, regardless of time, "as long as they're respectful."

"We were upset," said the boy's father in a later interview, explaining Monday's incident in the courthouse. "We hadn't seen our son since Saturday."

Nightingale asked that the boy be allowed to attend school until his trial date. However, the boy's attendance record showed that he had attended about one day of classes in the month of November.

"It doesn't seem he has the least prospect of passing any of his courses this term," said the judge.

Barnett put the youth under house arrest for 23 hours a day. He is permitted to be outside his home from 1 p.m. to 2 p.m. each day and also if he is in the immediate company of a parent.

The youth will appear in court to enter his plea on Jan. 15. At that point, he and his parents may ask for the youth's return to school.

The boy's father was upset his son wouldn't be able to attend school, he said when interviewed.

"Might as well put him in prison," he said.

"What about his education?"