A judge has sentenced a Saskatoon boy to 18 months for killing a 12-year-old friend last year while posing with a gun and pretending to be a gangster.
The 15-year-old, who was 13 at the time and cannot be identified under the provisions of the Youth Criminal Justice Act, earlier pleaded guilty to criminal negligence causing death.
Judge Lisa Watson ordered the boy to serve one year in open custody and six months under community supervision, followed by 18 months of probation.
"I do wish you the best," she said Wednesday. "I know this is a difficult day for you and your family, difficult for [the victim's] family and loved ones.
"I expect you to do something with your life. I expect you to move forward in a positive way and I very much hope not to ever see you back in this court building."
Court heard three boys had been drinking and passing around a black, sawed-off rifle in a home in Saskatoon in February 2024.
An agreed statement of facts said they were taking photos and videos of themselves pretending to be gangsters. One video showed the accused pointing the gun at the victim, who was recording it on a phone.
The document said the victim was shot in the head and the boy who fired the gun thought it was in safe mode.
The third boy in the group, who was also 12 at the time, pleaded guilty last year to criminal negligence causing death.
He was sentenced to two years, with 16 months in a secure facility followed by eight months under community supervision. He was also given 12 months probation.
Court heard Wednesday the gun, which was obtained by the boy's sister, could not have been fired without disengaging the safety and pulling the trigger.
"While I accept that [the boy] did not intend to shoot his friend, playing and posing with a firearm under the influence of alcohol was clearly risky behaviour," Watson said.
"Harm was reasonably perceivable."
Judge Lisa Watson told the boy that she expected he would do something with his life. (Don Somers/CBC)
Defence lawyer Blaine Beaven said it was a tragedy waiting to happen.
"[Being shot] could have happened to any one of those kids in there," Beaven said outside court. "Any time you mix alcohol and you mix firearms and, obviously, inadequate parenting or lack of supervision, it's a recipe for disaster."
Court heard the victim, the youngest in his family, was funny, charming and playful. Since his death, the family has been torn apart: some are using substances while others have gone through the justice system. The victim's older brother died by accidental drowning in December 2024.
"There is a profound sense of loss and anger at the fact [the victim] was denied a future," Watson said. "He will not have the chance to finish school, play sports, find a partner or live the life that he should."
The Crown had sought the maximum youth sentence for the offence of three years in custody and a supervision order. The defence had proposed an 18-month open custody and supervision order, followed by 12 months probation.
Watson said the maximum sentence was not necessary or appropriate.
"A three-year custodial sentence would not properly take into account the mitigating factors present and would result in a disproportionate sentence," she said.
She said aggravating factors in the boy's sentence included the impact the victim's death had on the family. The judge also took issue with the boys concocting a plan to blame the shooting on another boy who was not involved whatsoever.
However, she said the boy's guilty plea, his apology to the victim's family and his efforts to rehabilitate were mitigating factors.
The judge said the boy has abstained from drinking or doing drugs and is surrounding himself with positive influences, such as sports and cultural activities.
Court heard he has also abided by a strict curfew, and his parents have acknowledged their parenting failures.
"[The boy] has made considerable progress," Watson said. "He is still quite young and all signs indicate he is both capable of and committed to positive change.
"[This] is a significant sentence that will hold [him] accountable for his action."
As part of his probation order, the boy must report to his youth worker, follow a curfew, not contact the family of the victim or the other involved boy, not consume alcohol or drugs and follow a counselling program. He's also prohibited from possessing any firearm or weapon for 10 years.
[SRC] https://www.cbc.ca/news/canada/saskatoon/saskatoon-youth-shooting-rifle-friends-criminal-negligence-1.7648751
