Whitehorse Daily Star

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Wilfred Sheldon

Restorative justice process urged to heal community

Two brothers from Burwash Landing were sentenced Friday in a crowded Whitehorse courtroom for their role in an incident that divided the small community and, according to the teen victim’s family, led to his suicide months later.

By Rhiannon Russell on January 26, 2015

Two brothers from Burwash Landing were sentenced Friday in a crowded Whitehorse courtroom for their role in an incident that divided the small community and, according to the teen victim’s family, led to his suicide months later.

Former Kluane First Nation chief Wilfred Sheldon, 39, and Derek Johnson, 33, unlawfully confined Collin Johnson in a Burwash home after a night of drinking in the summer of 2013, Justice Colleen Kenny ruled after an October 2014 trial in Yukon Supreme Court.

She sentenced Sheldon to 18 months of probation, while Derek will serve a six-month conditional sentence – a jail term spent in the community – and 12 months’ probation.

Friday’s sentencing was emotional, with several of Collin’s family members submitting victim impact statements and two others addressing the court orally.

They described a change in Collin’s demeanor after the incident and their deep grief at his death. His sister wrote that she felt like her heart had been ripped out of her chest when she heard what Sheldon and Derek had done.

“Many of you in this courtroom will be disappointed by this sentence,” said Kenny. “Unfortunately, our system of justice cannot solve the problems in your community.”

What exactly occurred that night, beyond Collin being confined against his will, is unknown, although people in the community have their own theories.

The two men didn’t testify at their trial, and they declined to speak during Friday’s sentencing.

Collin’s cousin, Austin Dickson, was with him that August night. He testified that after a few hours spent drinking at Derek’s house, he and Collin were leaving when the two men pushed him out of the house and grabbed Collin.

They told him, “You ain’t going nowhere,” and slammed the door, Dickson said.

The next day, Collin had a gash on his wrist, bloodshot eyes, and bruises, “like a rope or some sort of wire wrapped around his neck,” he said.

Collin, 18, committed suicide five months later.

Derek and Sheldon stood trial solely for unlawful confinement – charges of assault with a weapon and assault causing bodily harm were dropped.

After the sentencing, Martina Amos, one of Collin’s aunts, looked stunned.

“We all knew it wouldn’t be what we were hoping for,” she said, her hands shaking. The family had wanted both men jailed.

“We know what happened behind those doors,” she said. “Collin told us.”

Ruth Carroll said her grandson had plans to go back to college.

“He was beginning to experience life,” she told the court. “He was a good kid. In his short life, he did do some really wonderful things,” like helping elders in Burwash.

“We all know what happened even though it was not stated in this room. It hurt us.”

She said the community, home to about 100 people, must come together and face its cyclical problems of alcohol abuse and violence.

Carroll cited a Bible passage that was read at Collin’s funeral: “If anyone slaps you on the right cheek, turn to them the other cheek also.”

“Can any one of us in this room do that?” she asked, turning to the dozens of people sitting in the gallery. “I don’t think any of us right now can.”

“We’ve lost our grandson, but I want something good to happen in Burwash. It’s a beautiful place. I want that community to be beautiful on the outside and the inside.”

Alyce Johnson, an aunt to Collin, Derek and Sheldon, spoke about traditional Southern Tutchone laws, which prescribed banishment and fines as punishment for crimes.

“Justice will be brought forth today for what has transpired.... On that night, you made a choice,” she said to Derek and Sheldon. “That was your choice.”

Crown prosecutor Keith Parkkari cited fallout, often alcohol-fuelled, from the incident: one of Collin’s brothers is in jail for sexual assaults, Dickson pleaded guilty to assault charges, and another man was jailed for a retributive assault against Derek.

The Kluane First Nation chief and council have recommended that Sheldon and Derek stay away from Burwash, for their own safety and for that of the community.

The trial, initially scheduled to be held in Burwash, was moved to Whitehorse after the men and their spouses were threatened and harassed.

“These charges have been very difficult on them and on their families,” said defence lawyer David Tarnow.

He filed in court several letters in support of the two men.

Derek has since moved to Atlin. A carpenter by trade, he sought treatment for alcohol addiction in B.C., Tarnow said.

Sheldon now lives in Teslin with his fiancée, where they run a heating and plumbing business. He was Kluane chief from 2007 to 2010, and has been very involved in the community over the years.

Kenny said although Collin’s family believes his suicide was a “direct result” of what took place that night, she must focus on the offence at hand.

“On those facts, this is not one of the more serious cases of unlawful confinement,” she said.

In addition to his probation, Sheldon must complete 50 hours of community service. He is not to drink alcohol outside his home.

Neither he nor Derek are allowed to contact Collin’s family, and they must participate in a restorative justice process when Collin’s family is ready to do so, Kenny said.

Derek, who has a lengthier criminal record than Sheldon, will serve a six-month conditional sentence.

For the first two months, he’s on house arrest, followed by four months with a curfew. Then Derek will spent 12 months on probation. He must complete 20 hours of community service.

Neither is permitted to live in Burwash.

Kenny said the community must work together to solve its problems.

“(Burwash) sounds like a wonderful place to grow up and continue to live,” she said. “It’s a shame it’s no longer the place it used to be.

“Only you have the power and responsibility to work towards making your community whole again.”

Comments (26)

Up 3 Down 10

Yukon Indian on Feb 1, 2015 at 4:32 pm

Wow, is this case sad. I think one needs to look at the past of these men. They sound like third generation residential survivors and that should be taken into account for sentencing. Obviously they learned this type of behavior somewhere and alcoholism runs in families and this should have been taken into account during sentencing. This is where Gladue could have helped and decreased the sentence and helped them with healing themselves and their community. It is funny these two men are not allowed in Burwash, so they get to be some other communities problem.

Up 18 Down 5

Kelly Skookum on Jan 30, 2015 at 11:33 am

This is horrible, I sat in a court room just a week before this trial with Austin Dickson while he plead guilty for what he had done, read letters of apology, has been sober since the incident and has worked his ass off to change the way he looks at life and feels about his future.
I can't speak for Willie as I have never seen him before in my life but I can speak of what I know of Derek as he worked in our community while he was out on bail for all of this. Derek was drunk every day that I saw him which was quite frequently as he frequented the local store almost every day that I was working there, to intimidate and hit on every female in the place. His vehicle ripped around the community daily full of drunks and on one occasion I had the rcmp banging on my door at midnight to warn us that he was in the community and they had finally figured out who he was and the connection between him and Austin.
I don't understand how the same sentence was bestowed upon Austin as Dereks, it is mind boggling that Austin has no prior record, plead guilty, read letters of apology, showed complete remorse for the choices he had made, remained completely sober and abided by all conditions of his release and then had to stand in a court room and watch this idiot receive the same sentence as he did just a week before.
My heart broke for Austin when they told me what the sentence was, as I have watched Austin struggle with the loss of his best friend Collin from the moment he stepped foot in my home.
I hope that the community of Burwash has their own justice in store for these 2 individuals and I hope that some day they realize the grief their actions caused.
Remorse is a funny thing, you often can't feel it until you can understand the feelings that your actions caused and maybe someday these two young men will understand it truly, I only hope that they don't have to suffer the way Collins friends and family had to to understand it.

Up 14 Down 6

Groucho d'North on Jan 30, 2015 at 10:56 am

Judges should be elected. All the current system does is appoint social architects with warm, fuzzy ideas about recreating our communities in their Utopian vision.
This is reality, while the Justice system is doling out fantasy.

Up 21 Down 7

Yukoner on Jan 29, 2015 at 2:22 pm

Just take them out back and fill in the blank

Up 27 Down 4

KFNCitizen on Jan 29, 2015 at 2:05 pm

Lets make sure we are clear here...... hating each other will not heal a community, but these boys are bad blood and are not entitled to anything except a good ol' fashioned ass beating. Hating these 2 disgusting people for what they have done should not determine the ability for community healing, because they are NOT and should NEVER be a part of the community EVER again. If community health is the priority, let's talk about the elephant in the room - get rid of the fucking booze and get people the rehab they need. Alcohol has provided a negative impact on the community since the the first drop hit the first set of lips. I'm sorry, but they do deserve to be hated on, they don't deserve forgiveness, and they are also not responsible for community health, or the lack there of - and they better not be used as reasons in the future for why community health improves or doesn't improve. Get rid of the booze and let the healing and healthy living begin.

Up 38 Down 5

Mary on Jan 29, 2015 at 10:47 am

It's a crying shame that this young man cried out for five months and nothing was done for him. Now we have two cowards in our communities free as a bird to hurt and confine more victims. If I was their wives I'd be leaving. They don't deserve the kindness of love and protection you give them. Remember women are the pillars of strength. Standup and tell what happened, you have the information. This is another case where the courts are to leniant on the criminals, sexual abusers, physical abusers, mental abusers. I ask the all people in their communities a question "are they worth protecting?" You have one that was a chief that the people voted in to guide, protect and help you become strong and make your community a place to call home. Home is where you feel safe, loved and proud. Did he do this? "NO" he and his brother preyed on the community with violence and intimidation. It's up to the First Nation to make change and start turning in these criminals, take away all their rights. Your voice is stronger then you think and actions speak louder then words. Do it for all the Collins who don't have a voice anymore! To Collin's family you have some very strong family members don't let his death be just a death, fight for him...

Up 34 Down 4

Taylor Hunter on Jan 29, 2015 at 10:40 am

I am the girlfriend of Randy Johnson, (Colin's older brother) and would like to start off by saying I am very proud and extremely fortunate to have had the pleasure of meeting Colin Johnson; a beautiful young man who left us way too soon.
I thought when you plead "non guilty" and then are found to be guilty of a something, your punishment is supposed to be worse. Apparently that was not the case in this court room. It was completely sickening to see how disrespectful both Sheldon and lawyer Tarnow were, rocking in their chairs while elder's were speaking as if to be bored with the speech. Sorry you didn't want to hear the truth. Fortunately for enough of us, we got to spend a little bit of time with Colin between the time of the incident and the time of his death for him to tell us what both Willie and Derek did to him. People can lie, but blood shot eyes, cuts on wrists and marks on throats don’t. It was heartbreaking to see such a strong, happy young man become so torn down and so unsure of himself and of his very existence. We know the truth and I hope that it haunts both of Derek and Willie. Consider yourselves EXTREMELY lucky because this sentencing was complete bullsh*t.
I don't know Willie, having only seen him once before. I know Derek a little bit from being around the community of Burwash and the only impression he made on me was that he is an arrogant piece of s**t. They did nothing in that court room but confirm my initial impression. Neither of them had anything to say, no apologies, no remorse.
It’s interesting how they were able to use the fact that Derek has taken the appropriate steps by going to treatment every time he gets charged, arrested and convicted of something…How many times does he get to commit a crime and just get to Opt out for fu**ing treatment before the system realizes that it obviously doesn’t change him? He continues to hurt people and get away with it.
They should both be in jail, even Willie’s partner, she was there and knows what she saw. I understand protecting your family… but how could you even want to be with someone capable of such a thing?
All this sentencing showed people is that it is okay to unlawfully confine someone because you’re just going to get a slap on the wrist if you are caught, especially if you have no prior convictions. Sick. Any who, Derek and Willie will get what they deserve I’m sure, in one way or another. In the meantime, live it up guys. Enjoy every moment of your life and be grateful that you are still breathing, as there is a young man out there who is not…because of your actions.
R.I.P. Colin, Much love brother

Up 18 Down 6

KFN citizen on Jan 28, 2015 at 6:10 pm

How does hate heal our community? As long as we keep hating each other we will never move towards healing for ourselves, our people and our community. We are hurt enough, it is time for healing now but as long as the hate continues then we cannot move forward. Which we need for our people, our community.

Up 41 Down 9

KFNCitizen on Jan 28, 2015 at 2:56 pm

They are both useless stains on the community, and on the Earth in general. This isn't the first or the last time, considering the sentences, these 2 pieces of s**t have been responsible for violent abuses. They should lock them both up and throw away the key..... or better yet send them my way.... I'll circle court both of them straight to hell!!!!! Keep your heads up boys - your day of darkness is coming.

Up 30 Down 4

Just Say'in on Jan 28, 2015 at 1:09 pm

@ community member. Come on spit it out. Have them charged, tell someone before more become victims. Break the cycle.

Up 36 Down 5

Community Member on Jan 28, 2015 at 10:54 am

This is sad, both Willy And Derrick did so much damage in their Community not only to Collin Johnson but to a lot of others as well. That wasn't the only incident that happened that weekend of the G.A. Many others where attacked. All their own family members as well. What a disappointment to the community.

Up 26 Down 6

Just Say'in on Jan 28, 2015 at 1:02 am

So if the Non Aboriginal community thinks that this is wrong and by the looks of the comments their own community thinks it is wrong, then why don't we do something about it? It seems every time there is a court case result in the paper the vast majority think the sentence is a joke. Why won't the judges listen? Politicians have no ability to interfere with the Justice (whoops Legal) system. Certainly not justice. Funny they won't tell us what they did to this young man. Some know, and they should tell so the public knows.

Up 37 Down 4

Tosh on Jan 28, 2015 at 12:24 am

The responses to this article (well for the most part) reassure me that maybe there will be some social justice. Maybe people will realize the truth about these two offenders and they won't lead the perfect life with people questioning them and standing up to them and most importantly remembering what they did to a beautiful young soul. Our community will heal but we will never forget, and I hope the same is true for others all across this territory. Let this horrible incident be a warning for those who welcome these cowards into their communities. If these men can do this to their own relation in their home community what will they do in yours???

Up 38 Down 6

Yukoner on Jan 27, 2015 at 4:56 pm

@ Smarch Your comment is a joke. These (BOYS) not men should be in jail and not here in Whitehorse but a real one down south as someone has died from their actions.
And now you defend them.

Up 52 Down 6

mind-boggling on Jan 27, 2015 at 2:55 pm

I am so disappointed and sick that these two men are given such a light sentence in response to the harm that they have caused directly to this young man, his family, his community. There is no reason why they should not be placed in jail. A big woopty doo they get probation and a little bit of community service. A young life gone too soon.
As a former chief, the offender should know that "we stand together today for our children tomorrow". And that our children and youth are our future. What a hypocrite. Sits as chief and then does harm to one of our most valued citizens in society. A youth! I would like to know how the criminals manage to sleep at night, or face their remaining days with a smile knowing that their actions had caused this young man to take his own life. Imagine, Mr. Sheldon, that this crime you committed was committed on your own child, how would you feel, how would you react; what would you say to the courts about the impacts, how would you cope. Oh right.. you can't answer that because you're not on that side of the crime. These two men get to live their lives, continue to work, love, grow...they get to enjoy every part of life that they have taken away from Colin. Hypocrites! straight up hypocrites! Go ahead and hide in another First Nation community, that's what the cycles seem, you commit a crime in your community, you move on to another.. and another..one day your judgement day will come. When you sleep, I hope you dream about the harm your actions have caused, when you're wake, I hope you see the harm that you have caused!

Up 10 Down 59

joseph smarch on Jan 27, 2015 at 2:21 pm

This sounds like a lot more then what's going on. If the courts deem this not that serious on the sentencing, then there are other factors involved and the public should recognize that. A person of his own community doing something so irrational and such a small sentence, well people what are we not getting to hear? I would do anything to protect family. Really pay attention people. These men are not bad, just tired of the system that governed them. I too would react the same if my assumptions are right. Wake up people

Up 67 Down 6

Sherry Massie on Jan 27, 2015 at 11:03 am

This is more serious than most people know or think. I am the mother of Collin Johnson's three brothers. They say they fear for their lives - what a joke that is. We seen it on their faces laughing right back at us in court. I have known both of the accused for 30 years. I have never in my life seen such a show put on. Yes, the accused had support letters but none from their family or people living in the community. They didn't show any remorse at all throughout all court days, chewing gum and laughing around.

Up 40 Down 12

Josey Wales on Jan 27, 2015 at 8:14 am

Imagine that....yet another TRAVESTY of "justice" doled out.
Our court system agenda did it again folks.
"I have a dream....that my kids will be judged by the content of their character and NOT by the colour of their skin" MLK.

.....nah, we'll do the diametric....we are after all in a post Trudeau's failed....EPIC failed social engineering experiment via us his "subjects" called Canadians.
Ya dig rulings as this?

Up 66 Down 14

Yukoner on Jan 27, 2015 at 8:09 am

Are you kidding? If they were white it would be 5 to 10 in prison.

Up 60 Down 6

mike madder on Jan 27, 2015 at 7:42 am

I'm sorry but this sentence is not only a joke and a travesty to the word Justice, but it also reflects the opinions of the Yukon courts and the safety for the people in the native communities. If as they say public safety was at all a concern, it is not shown in this sentence. The fact that both of these men have jobs and have suffered threats and hardship since this event, who really cares? As adults they decided to kidnap another community band member, threaten, intimidate and god knows what else for a whole evening. So bad it was that the gentleman killed himself and for their crimes the Judge representing the people and its safety, sentences these two hard working, kidnapping, intimidating alcoholics to probation on behalf of the rest of the Yukon. Thanks For Nothing.

Up 44 Down 7

WestofBelfast on Jan 26, 2015 at 8:27 pm

Just my opinion, but I don't think restorative justice, in this case banishment and fines, is suitable for unlawful confinement and assault with a weapon, and certainly not after it led to the victim taking his own life. That said, the sentence imposed by the crown was not suitable either - if I had done that I'd be in jail. Even the restorative and crown sentences combined would not be enough punishment or deterrent for these two. Justice was not served in this case.

Up 49 Down 6

A Yukon Opinion on Jan 26, 2015 at 5:18 pm

Wow....The court system is a joke. Probation..18 months. Community service...20 hours....meanwhile the victim is no longer with us. These men should breathe a sigh of relief that they got off with a slap on the wrist. The sentence in this matter is a joke and makes the Canadian court system look completely useless. Those two should be banished from their hometown as long as the victim is no longer with us.

Up 59 Down 7

Alanna Dickson on Jan 26, 2015 at 5:14 pm

Being related to both sides of this family, I am not impressed with this article. Bringing up my brother being in jail was totally uncalled for. Willie and Derek are scared for their lives? They are the ones that went around attacking everybody. They got off easy. They are lucky and need to realize that. My little brother is gone, my community is ruined. My family is torn apart. I am not happy.

Up 49 Down 7

June Jackson on Jan 26, 2015 at 5:13 pm

Once again, I am stunned at the punishment for the victim and the victims families and leniency for the criminals. No apologies? No pretend remorse?. Too bad Austin didn't call the RCMP immediately.

Restorative justice is supposed to concentrate on the community and the VICTIM to come together with the criminal and determine what it will take to encourage healing and good will in all 3. Victim is dead. This was a violent crime. Restorative justice is NOT appropriate in this case, while punitive justice was. Even dead, the victim is still the victim in this one. I am so sorry for the family... because of bad calls in the justice system, they are victims now too.

Up 48 Down 6

bystandard on Jan 26, 2015 at 5:02 pm

It is a complete shame that a young man receives an 18 month jail term for what you call "retaliation" or for better word defending his young friend. What is an even bigger shame Is that two grown men get probation for what they did, they take no responsibility for their actions or even admit what they did to that young man. And the biggest shame of all is that poor young man felt that ending his own life was the only thing to do. Cudo's to his friend for defending him, it's obvious no one else did, including the justice system

Up 116 Down 8

Thomas Brewer on Jan 26, 2015 at 4:19 pm

"Sheldon must complete 50 hours of community service. He is not to drink alcohol outside his home." Because getting loaded at home and then going elsewhere to stir up problems is still ok?

12 and 18 months probation - what a complete disaster of a sentence.

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