BEHCHOKO/RAE-EDZO - A Behchoko family believes the NWT justice system has failed them after a youth convicted of manslaughter was sentenced to serve probation in the community.

Johnny Dryneck died following an altercation at a video store in Behchoko in November 2008. - NNSL file photo

At a hearing in late August, a 17-year-old male from Behchoko was sentenced to one year probation in the Nov. 13, 2008 death of 38-year-old Johnny Dryneck. The youth had asked Dryneck to buy him cigarettes at Our Video store. An altercation between the two ensued inside the store and boy struck Dryneck once. He fell, severed an artery in his neck and died.

Under the conditions of his probation, the youth is subject to a 10 p.m. to 7 a.m. curfew and must report to his youth worker, attend school and counselling as directed and avoid contact with the Dryneck family.

Mary Rose Dryneck, Johnny's sister, said the family considers the sentence too lenient.

"We're pretty pissed off about that," she said. "A lot of people in Rae are not very happy with (the offender returning) to Rae. Nobody in the justice system made an effort to call the people of Behchoko and ask them if it's OK."

"We feel we've been victimized again."

Mary Rose said violence in the community needs to stop, and that she had hoped the judge would deliver a harsher sentence to send a stronger message to the public.

"We need to end the pain and hurt for our family and for other families as well," she said. "The people left behind, we're hurt by it – we're deeply hurt by it. Losing a brother, that's very hard."

Crown prosecutor Shannon Smallwood said it's difficult to say whether a one-year probation sentence is typical for a manslaughter charge because each case is different.

"We don't have a lot of youth who are charged with this type of offence so it's hard to say whether or not it's a sentence that's similar to something that somebody else would have received," she said.

"Generally though, when a youth is sentenced to a period of custody and release, you know, they're going back to their home community or the community where they were residing when they were subject to conditions. So, you know, the reality is that he's eventually going to end up back in Behchoko whether he was in custody longer or not."