Judge David Gates has tentatively scheduled the sentencing of Philip Atkinson, who was convicted of manslaughter for the 2019 death of Mary Ann Ollie in Ross River on Oct. 12, for Dec. 5-6 in Whitehorse.
The tentative date was announced in Yukon Supreme Court on Oct. 18. In announcing the sentencing date, Gates did note that it could still be moved forward by one week.
Previously, a sentencing date of Nov. 10 was proposed, although this was pushed back due to the need to collect community and victim impact statements. Representatives for the Council of Yukon First Nations, Victim Services and a lawyer representing the Liard Aboriginal Women’s Society indicated in court that collecting statements could take up to six weeks.
Gates said impact statements must be filed with the court for review one week before sentencing.
During the discussion about Atkinson’s sentencing date, the courtroom heard that the defence would not pursue a formal Gladue report. A Gladue report contains details about the personal circumstances and systematic issues an Indigenous offender may have experienced in their life. Atkinson is a First Nation man.
However, Atkinson’s lawyer, Jennifer Cunningham, stated that, while a Gladue report would not be undertaken, “Gladue factors” would be presented at sentencing.
Prior to announcing the tentative sentencing date, Gates told the courtroom that he was “surprised” and “saddened” that the Ross River community did not want sentencing to take place there.
At an earlier court date, Crown lawyers said that Ross River residents may want sentencing to occur in their community. After discussions with the Ross River Dena Council and Ollie’s family, however, it was made clear that the preference was for sentencing to happen in Whitehorse.
Gates said that, while he respects the community’s decision, there is a long tradition in northern Canada of the court travelling to places where crimes were committed for sentencing.
“Healing requires closure,” he said.
READ MORE: Ross River man convicted of manslaughter likely to be sentenced in Whitehorse
Contact Matthew Bossons at matthew.bossons@yukon-news.com