A 17-year-old boy who stabbed two staff members at a Halifax-area high school last year doesn’t need to serve anymore jail time and instead should be given two years of probation, a Nova Scotia youth court judge ruled Friday.
Judge Elizabeth Buckle said the accused, who was experiencing a mental health crisis at the time he assaulted the school staff, had already served 100 days in pretrial custody and has been complying with strict conditions since his release.
“This has been a very difficult decision; however, ultimately I am not satisfied that the principles of sentencing require a further period of custody in this case,” Buckle told the court. “The expert evidence suggests that … rehabilitation and reintegration can be accomplished in the community.”
The teen’s identity is protected from publication because of his age; he pleaded guilty in March to two counts of aggravated assault. The boy, who was 15 at the time of the offences, had originally pleaded not guilty to 11 charges, including attempted murder.
The two victims — employees of Charles P. Allen High School in suburban Bedford, N.S. — were taken to hospital with serious wounds on March 20, 2023, but both have recovered.
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Buckle said in reaching her sentencing decision that she also considered that the teen’s Charter rights were breached by Halifax police, who had failed to disclose they were making audio recordings of him after his arrest. A former sheriff’s deputy, who had taken a photograph of the teen at the courthouse and posted the image in a chat group, also violated the accused’s rights, she said.
The judge said she also took into consideration the suffering of the two victims.
“Both primary victims described how this offence has impacted virtually every aspect of their lives,” she said. “They have both suffered continuing physical and psychological trauma and it has impacted their personal and professional lives and their financial well-being.”
At the end of her hour-long oral ruling, Buckle imposed conditions on the teen, including that he must continue treatment, wear a monitoring device, and can’t own weapons for two years or have direct or indirect contact with the victims. He must also adhere to a 10 p.m. to 6 a.m. curfew and live at home with his parents.
The defence had asked for a two-year conditional discharge, while the Crown wanted an 18-month sentence that included 12 months in custody and six months served under supervision in the community, followed by six months of probation.
Following the sentencing, Crown attorney Terry Nickerson told reporters that the judge had rendered a “thoughtful and detailed decision” in regard to the principles of the Youth Criminal Justice Act.
Asked whether the accused could be managed safely within the community, Nickerson said, “It’s not for me to say at this point. Time will tell.”
This report by The Canadian Press was first published Sept. 27, 2024.
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