Whitehorse Daily Star

Knife assault merits penitentiary time: Crown

A 27-year-old man’s sentencing has been put off so the court can consider options, and he was not taken into custody.

By Gord Fortin on October 12, 2018

A 27-year-old man’s sentencing has been put off so the court can consider options, and he was not taken into custody.

Wesley Quash appeared in territorial court last Friday before Judge Michael Cozens to discuss Quash’s sentencing for aggravated assault.

Quash was convicted last Jan. 18 for an offence on Oct. 14, 2016 in the McIntyre subdivision.

He was playing radio bingo with his father in a vehicle. Steven Smith was walking to his partner’s house to play bingo as well. He was drunk and speaking out loud to himself.

Smith walked past Quash’s car. Quash got out of the vehicle to speak with Smith, who approached him. This encounter ended with Quash taking a pocket knife and slashing Smith’s face.

Crown prosecutor Noel Sinclair suggested Quash serve a four-year sentence in federal prison. He pointed to Quash’s own evidence that he constantly feels under threat, and has not sought out any significant counselling to deal with his paranoia.

Sinclair explained the paranoia is a learned behaviour and without addressing it, Quash would be a public risk.

“He continues to have this learned behaviour,” he said.

The Crown said, according to the pre-sentence report, that Quash has attended addictions counselling once, but this was years ago.

Sinclair explained that Quash has indicated that he’s willing to follow court-ordered treatment but is not likely to take the initiative and seek out treatment opportunities himself.

The Crown pointed out that the conclusion of the pre-sentence report was that Quash needed a high-level assessment, which would mitigate the risk of future violence.

As for remorse, Sinclair argued that Quash has not taken responsibility for his actions, but did admit he overreacted in the altercation with Smith.

Sinclair mentioned that Quash is working at the Silvertip Mine, in northern British Columbia, where he has his employer’s respect.

Cozens said Quash seems to work best in a structured environment, but not so much without.

He pointed out that Quash lacks some cognitive abilities.

Sinclair did not disagree, saying Quash’s circumstances should serve as a guide for the court to help him work through his paranoia and other issues.

“Wesley is capable of learning, but it takes a great deal of effort,” Sinclair said.

He added that Quash has learned well by actions, and that the court should aim at putting him in a practical environment that will best work to his strengths.

Cozens interjected, saying the big question is if territorial or federal levels have the programs better suited to assisting Quash.

“That’s the problem; we don’t know,” Cozens said.

At the federal level, Sinclair said, the programs last 100 hours.

Other programs are designed to follow earlier ones. There are more intensive options for First Nation inmates that help with Gladue factors, Sinclair said.

At the territorial level, the Crown said the programming is more modest.

Cozens indicated he still felt unsure of where to place Quash, saying he is a vulnerable person. He understood that public protection needs to be a factor, but believes the assault on Smith was a one-off situation.

Sinclair said rehabilitation is possible, and a stint in a federal penitentiary can be therapeutic in nature. This would allow Quash, according to the Crown, to work through his issues and return to the community as a productive member of society.

Mark Chandler, Quash’s lawyer, said his client stated he will follow whatever the court orders him to do. He agreed that he can succeed in a structured framework.

Chandler said it was unfair to hold Quash’s inability to see the big picture against him. He thus argued that the sentence should be tailored to his client’s specific needs.

Cozens said if he sentenced Quash to territorial time, he could issue a probation afterward to provide structure.

Chandler added that the end of a sentence should not necessarily mark the end of Quash’s programming and treatment. He said his client will not come out of jail changed, as he will have work on changing his life once released.

He agreed that the structure of a probationary term would strengthen Quash’s prospects for rehabilitation than just time in federal prison. The probation conditions could be tailored for him to learn better behaviours.

Chandler said his client is vulnerable to the impressions of those around him. Some of the people in his social circle take advantage of his generosity. Chandler warned that putting him in prison with more serious offenders could put him in danger.

He said Quash’s employer would be willing to re-hire him after he served his sentence.

Sinclair pointed out that the defence did not present any evidence on program availability in the territory. He told the judge that he could take judicial notice of what is available.

Cozens said permitting Quash to remain free enables him to keep working as long as possible.

Smith was present in the courtroom. After the proceeding, he told the Star he was disappointed and frustrated because he thought Quash would be sentenced that day – hopefully to jail time.

He added he worries about running into Quash in public.

“It’s a precious thing to be free,” Smith said.

The offender’s continued freedom does not adequately consider public protection, he added.

Comments (14)

Up 1 Down 5

Doug Ryder on Oct 18, 2018 at 9:31 am

@ Ed Norton - I enjoyed your movie role as the Hulk [Bruce]. It appears from your post here that you may also do well in drama.

I am not sure what you mean by systems evolving over thousands of years? Are you talking social, economic or political? You might want to read a history book or two. The timeframe for contact and exposure for FNs has not been the same and one cannot simply refer to FNs in the aggregate and have that categorization have any meaningful sense. That in itself is an assimilationist construct through which the intent is to homogenize naturally occurring, socially occurring, economically occurring and politically occurring heterogeneity.

It cannot be done without committing further prejudice.

Colonization spread from East to West over hundreds of years. Thus there are varying experiences more or less contemporaneously for each FN grouping. Here in the Yukon contact has been much more recent and approximately within the last 120 years or so with the most devestating impact or wave of colonization occurring in the 1940s wither building of the Alaska Highway.

As for your submission on the advent of what you presumably refer to as a white-monolithic-culture evolving or occurring over thousands of years, this would require more space than this forum permits. You would benefit from further, holistic study in this regard.

One thing to keep in mind is that both European and Global society experienced huge cultural shifts leading up to and preceding the industrial revolution from about the 1500s onward. Here it is worth mentioning one huge factor in this shift, the Gutenberg Press - The invention of print.

Just shortly prior to this many “white” people lived in small social, political and economic groupings such as the family. Dependent upon each other for survival. These groupings became increasingly controlled by rich “white” people. Although there were similar or parallel structures in Indigenous societies.

Better than they used to be... I am not sure if you fully appreciate the irony behind this statement... Better than they used to be... Perhaps it would be better off if I ask you to explain your intent rather than just assume the prejudicial implications of your statement.

It sounds like what you are doing is advancing the notion that cultural imperialism is okay and that FNs only have to adapt to the culture of oppression and enslavement that the elite Caucasians have burdened white commoners with. The deconstruction of the family unit through social, political and economic compartmentalization. Wow!

Up 9 Down 2

Roy on Oct 17, 2018 at 11:59 pm

"First Nations had their own systems including justice that I suspect worked just fine"... Yes, it's called Not In My Backyard principals, where the person was banished from Community A, and would therefore be executed in any other Community they wandered into...

I've been here 16 years and I've seen no appreciable difference in how FN peoples have "dealt with" their own citizens. To be quite frank, they just run amok like they always have. When I arrived here I was told "Oh just ignore the FN and don't get involved.... let them deal with themselves...." Wow. That's sad.

I hear a lot about "reconciliation" and I see a lot of demands from the First Nations towards the Territorial Gov't.... but I don't see a lot of acceptance from those FN on anything YG proposes. YG tries to include you, but you don't have anything to offer. YG asks for your input, but you remain silent, or offer proposals that are so ludicrous that they are unfeasible. I'm sorry, but sweat-lodges (a "prairies-indian" tradition, btw, not a Yukon one) isn't a solution for murderers...

You're all howling for blood, but offer no tangible solutions. And I'm sorry, but you can only stretch Residential School claims so far. At some point you have to take ownership of your destiny and move forward. I'm a 3rd-generation Holocaust-Survivor but I'm still waiting for my payout from the German Gov't.... except it isn't coming..... what a surprise......

Enough is enough.

Up 5 Down 8

Ed Norton on Oct 17, 2018 at 2:31 pm

Seems like a lot of negative comments on this story, which is understandable on the surface.
Let's dig a little deeper, FNs have been exposed to the newcomers for some 500 years and in that time their communities have been totally decimated by a whole new systems that they are expected to adhere to, when those systems have evolved over thousands of years.
First Nations had their own systems including justice that I suspect worked just fine for that time. I would suspect that answer is somewhere between what we have and what we had. Right now FNs communities are not the healthiest places in the world, they are better then they used to be but still have a long ways to go.
I believe here in Yukon we are working harder to make this a better place for all people, it will take time though.

Up 5 Down 1

Ilove Parks on Oct 15, 2018 at 6:14 pm

@Doug Ryder
I apologize for my humour and hope you and SJWs enjoyed the satire!

Up 8 Down 1

My Opinion on Oct 14, 2018 at 9:21 pm

Check these Homicide stats out and then you tell me.
https://en.wikipedia.org/wiki/Crime_in_Canada#Crime_statistics_by_province_and_territory

Up 17 Down 2

My Opinion on Oct 14, 2018 at 9:06 pm

So three weeks and three major crimes.

Two Murders, Watson Lake and Pelly, Now KDFN Slasher.
I Constantly hear how First Nations are over represented in the Justice system. Well what do we do when they are perpetrating these crimes? Look the other way? Let them go?

It is getting very unsafe here. Look at Homicides per 100,000 people stats and you will see we are worse then almost anywhere.
Come on FN communities demand Justice for your own sake, you are the victims.

Up 7 Down 2

Doug Ryder on Oct 14, 2018 at 8:42 pm

@ Ilove Parks - Hopefully you are engaging in satire. It would be something that a court would hedge in one of its proclamations - The mythical, reasonable person standard.

You must be jesting with the notion that Judges and Psychologists know better - Both are adherents to their respective faiths which prescribe for them the way in which they see and subsequently interpret and create their worlds around them.

This is well documented fact. We can see this reflected in Judges decision making, both written and oral. We can also see the particular worldview and how this impacts the psychologist through their report writing and their theoretical orientation.

If you were being satirically humorous I apologize for my misunderstanding at this time.

Up 8 Down 10

Ilove Parks on Oct 13, 2018 at 7:06 pm

I think the problem here is that we ordinary people just do not understand the justice system.
You cannot be loud and look people in the face these days because they may have anger issues rooted in areas understood best by psychologists and judges. That is why we pay these experts so much.

This justice approach must be based upon victims/survivors of war, etc., that somehow turned their life around after trauma and be an understanding judiciary. Based on WW2 it must not take too long to rehabilitate millions and millions of people who suffered trauma.

The violent man in this situation needs to remain working and he will likely save and pay a court imposed victim surcharge of about $200. Sure, the victim will never trust people again and have lifelong injuries but the justice system will see the side of the slasher and make sure he gets back into society as soon as possible,

The likelihood of this man reoffending is very low indeed because of the way this is being handled.

Up 18 Down 3

4 years is fine.... on Oct 13, 2018 at 1:48 pm

For a knife slashing. Dude wasn't being careful, it could just have easily been a murder.
4 years for murder is just plain wrong and that's its own issue.

Send him to the pen where they have the $$$ and time to deal with it. He'll still be out in 1/3 of that unless he really screws up and has to do 2/3.

Up 24 Down 1

Buzz Bomb Billy on Oct 12, 2018 at 9:24 pm

I believe what is required here is a 'Judicial Board of Review' to clean up some of this incompetence and 'gong show' theatre that is going on in the Yukon Court system. Possibly freeing up a few futures would snap some back to reality and we wouldn't have the second worst Justice system rating in Canada for two years straight. People are being paid good money for some of these ridiculous decisions. I would like them to introduce a new 'concept' into Yukon judicial decisions and that is "protection of the public".

Up 15 Down 3

Juniper Jackson on Oct 12, 2018 at 8:55 pm

It's not just the Yukon..the entire system is broken..it's not that we don't have the legislation, we have thousands and thousands of pages of federal legislation, provincial/territorial legislation, municipal legislation..even capital punishment is still active on the books... it's the judiciary that is broken...handing out sentences with lengthy justifications that don't mean anything...I truly think some day, in the short term future, we are going to have to resort to some form of vigilante justice.. trust me.. Superman, Batman, and the Justice League are not going to save us.

Up 6 Down 9

Doug Ryder on Oct 12, 2018 at 6:39 pm

@ The injustice of it all - A proposal of 4 years for an unprovoked, knife attack, causing significant injury and lasting nerve pain... Seems hardly like murder at all. Good luck with that Sinclair. Get back in the now!

Yes, let’s keep Wesley working?!?! Because WTF?!?! Slashers need a sense of belonging too? They need to feel productive?

Paranoia - Leads to slashing Mr. Quash? - Look out because with all the violent crime in Whitehorse the public is a little on edge... Soon to be a veritable slashfest out there on them streets - Perhaps Josey is right - Take care as if no one has your six... Because here comes the Purge - Yukon style!

Up 38 Down 4

really? on Oct 12, 2018 at 4:07 pm

So, they wanted to give him more time and send him south to the Pen then they did with the guy who murdered someone?!
There is seriously something wrong with this "justice" system.

Up 44 Down 3

Watson Lake resident on Oct 12, 2018 at 4:07 pm

Four years for a knife assault... four years for a murder...
Seems like four years is the norm for our justice system
sad, that's all I can say

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