'They told me I wasn't a victim'
Brother of woman killed by common law partner says he was denied access to funding to attend trial in Hay River
Cody Punter
Northern News Services
Published Monday, November 24, 2014
SOMBA K'E/YELLOWKNIFE
The brother of a woman killed by her common law partner in Fort Resolution in 2012 feels like he was let down by the justice system after he was encouraged to apply for, then ultimately denied, funding intended to assist victims of crime.
John Luke, the brother of Mary Laboucan who was killed by her common law partner Steven Sayine in 2012, says he was let down by the justice system after he was encouraged to apply for – then ultimately denied – funding intended to assist victims of crime. Luke hoped to be reimbursed for travelling to Hay River so he could watch Sayine's trial in September. - Cody Punter/NNSL photo |
For the past two and a half years, Yellowknife resident John Luke has been closely following the case against Steven Sayine, who was recently convicted with manslaughter for delivering a kick to the head of his sister Mary Laboucan on June 16, 2012. Laboucan died from a brain hemorrhage three days after the incident.
Immediately following her death, Luke said RCMP officers involved in the case recommended he apply for money set aside for victims of crime.
When Luke, who was unemployed on and off between 2012 and May of this year, learned the judge-only trial was going to be held in NWT Supreme Court in Hay River this September, he decided to apply for funding so that he could travel there to watch the proceedings.
Luke said he was first told to go to the NWT Native Women's Association to inquire about the funding, however, they re-directed him to the community justice department where he was told he was ineligible for the victims of crime emergency fund.
"When I called up the courthouse the first time, they told me I wasn't a victim, (they said) I was a secondary victim. I was floored," he said.
Unwilling to take no for an answer, Luke visited the territorial government's community justice division on the fifth floor of the courtroom, where he was ultimately given forms to document his expenses so he could be reimbursed for the cost of travelling to Hay River.
"I was told they would look at it," he said. "They said given the circumstances there was a good chance."
Luke borrowed money from his sister in Red Deer, Alta., to attend the trial, expecting he would be able to recuperate some of his costs.
Luke estimates he spent about $2,500 on airfare, accommodations, food and taxi fare over the nine days he was in Hay River.
However, on the second last day of the trial, Luke said he received a call from the manager of victim services telling him that the government was not going to cover his expenses.
"He told me there wasn't funding for this - that there was no funding for the victim's family for going to the court case," Luke said.
"What I'm really frazzled about is how the system is set up - how defunct it is. Nobody knows what the hell is going on."
Luke's 78-year-old mother and his two surviving siblings live outside the NWT and have been relying on him to relay developments in the case to them over the past two years.
"Put yourself in my shoes, your sister is murdered and you want to see what happens but you don't quite have enough money to go to make it to Hay River," he said, "They tell you one thing, they say go to these people, they'll be able to help you. It's like passing the buck.
"Our family is just turned inside out over this."
Luke was able to watch some of the proceedings at the Yellowknife courthouse via teleconference, including the delivery of the verdict on Oct. 29.
Sayine's sentencing, which is scheduled to take place in Hay River on Dec. 17 and 18, was not originally expected to be available via teleconference, which Judge Louise Charbonneau said in court was due to a lack of space in the Yellowknife courthouse.
However, Luke said he was contacted by the Crown prosecutor and told the service would be made available after News/North called the Crown's office to enquire.
According to the Department of Justice's website, the victims of crime emergency fund can be applied for by victims of serious violent crime or "the victim's guardian or family members (on behalf of the victim)."
The web page states the money can be used for things such as short-term immediate counselling, emergency accommodation, medical expenses, or other items at the discretion of the manager of NWT Victim Services.
Wade Blake, director of community justice and policing with the department, said he could not comment on Luke's case due to privacy concerns regarding the victim's confidential information.
According to Blake, more and more people have been applying for the fund which was first offered in 2011. The territorial government is eligible to hand out a maximum of $70,000 a year through the victims of crime emergency fund, which is paid for through an agreement with the federal government.
This year there is only approximately $10,000 of the $70,000 left to hand out with no new funding available until the end of March, Blake said.
"Because the awareness of this fund is growing across the NWT ... this may the year where we're going to reach the ceiling," he said. "Not every situation would be able to be funded with the small fund that we have."
Blake encouraged anyone who feels they were unjustly turned down to file an appeal with the community justice and policing division of the Department of Justice, which oversees NWT Victim Services.
Luke said he has contacted Justice Minister David Ramsay and plans to pursue the case until he gets a response.
Although he is now employed and less concerned about the money, Luke said he hopes his experience prevents other victims and their families from being sent on a "wild goose chase."
"I don't give a damn about the money anymore, I just want the next person that has to go through this to know what to expect," he said.
