The Supreme Court of Canada on April 25, 2014 in Ottawa. The Supreme Court of Canada has declined to hear the case of a Yukon man whose sentence was more than doubled after the Crown appealed his original one. (Adrian Wyld/CP file)

Supreme Court of Canada declines to hear Yukon man’s case

Wesley Quash went to country’s highest court after sentence more than doubled following Crown appeal

The Supreme Court of Canada has declined to hear the case of a Yukon man whose sentence was more than doubled after the Crown appealed his original one.

Canada’s highest court dismissed Wesley Quash’s application for leave to appeal on Oct. 31.

The court does not provide reasons for dismissing cases.

Quash was convicted of aggravated assault in Yukon territorial court last year after slashing another man in the face with a pocket knife in Whitehorse in 2016.

Territorial court judge Michael Cozens originally sentenced Quash to 10 months in jail followed by 30 months’ probation, writing that Quash’s “significant cognitive deficiencies and limitations,” among other things, meant he could not be held “accountable for his actions to the same degree that someone without such deficiencies and limitations can be.”

The Crown appealed the sentence, with two out of three Yukon Court of Appeal judges agreeing that Quash’s sentence was “demonstrably unfit” and upping it to two years in jail instead, with credit for time already served.

Cozens, the majority ruled, had placed “undue emphasis” on the role Quash’s cognitive limitations had played in the crime, and had also determined the wrong sentencing range for the offence.

(The single dissenting judge wrote that Cozens had been in the best position to determine an appropriate sentence.)

Quash’s lawyer took the case to the Supreme Court of Canada this past summer, arguing that the Yukon Court of Appeal was setting too high of a bar in requiring offenders to prove casual and direct links between their cognitive limitations and crimes in order for the limitations to be taken into account at sentencing. He also argued that the appeal court had erred in using examples from jurisdictions outside of the Yukon to establish sentencing range.

Contact Jackie Hong at

Just Posted

YG releases ‘ambitious’ plan to combat climate change

It calls for lowering greenhouse gas emissions by 30 per cent by 2030

CPAWS Yukon ‘disappointed’ controversial writer to give keynote at Yukon Geoscience Forum

Vivian Krause is scheduled to deliver a keynote address at the forum on Nov. 16.

PSAC president speaks out about Queen’s Printer, Central Stores situation

‘It’s not good for the Yukon. It’s not good for the taxpayers of the Yukon.’


Wyatt’s World

Poor Creature, Yukonstruct case to be heard in court next month

Yukonstruct is seeking to have The Poor Creature evicted, while café owner arguing to stay

Whitehorse biathlete Nadia Moser earns IBU World Cup spot on Canadian team

Whitehorse’s Nadia Moser will begin the biathlon season at the IBU World… Continue reading

Whitehorse Glacier Bears host swimmers from Inuvik and B.C. at Ryan Downing Memorial Invitational Swim Meet

“Everyone had a good time – it was amazing. It was a really great meet.”

City news, briefly

Some of the decisions made at the Nov. 12 Whitehorse council meeting

Driving with Jens: Yielding is at the heart of defensive driving

If you’re like most people, you probably think about whether you have right-of-way, not yielding

Today’s mailbox: Remembrance Day, highway work

Letters to the editor published Nov. 13

F.H. Collins Warriors beat Vanier Crusaders in Super Volley boys volleyball final

“As long as we can control their big plays to a minimum, we’ll be successful”

Yukonomist: The squirrel, the husky and the rope

The squirrel is political popularity.

Most Read