Whitehorse Daily Star

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Woman wins appeal of her designation as a dangerous offender

A Yukon woman living in Vancouver has won her appeal of her dangerous offender designation.

By Gord Fortin on May 21, 2019

A Yukon woman living in Vancouver has won her appeal of her dangerous offender designation.

The appeal was heard last Wednesday in Whitehorse by Justices Susan Cooper, Elizabeth Bennett and John Hunter.

Justina Kirstin Ellis did not appear in the appeals court. Her lawyer, Frances Mahon, appeared in court by video from Vancouver.

She explained that Ellis was not seeking to appeal her conviction. She was seeking to appeal her sentence and designation.

Mahon said public safety is important when it comes to these designations, but her client also needs to be considered.

She argued that the sentencing judge, Karen Ruddy, did not consider Ellis’ treatment prospects. She added that the judge’s decision lacked reasons to justify the sentence.

As an example, Mahon said, there was no specific information outlining the evidence Ruddy rejected or accepted.

She said Ellis has lived a life of abuse caused by colonialism, but that despite this hard history, Ellis is not intractable.

Ellis struggles to keep sober, but Mahon pointed out there was evidence to indicate her client could be supervised in her community.

Mahon explained that Ellis does understand rules and consequences in a structured environment. She added that psychiatrist Dr. Shabehram Lohrasbe advised that incarceration would not help her.

“This suggests she is not intractable,” Mahon said. “She has hope.”

She argued this should raise some reasonable doubt regarding the fitness of the dangerous offender designation. She asked for a new hearing.

Crown prosecutor Lauren Whyte agreed that a new hearing was needed.

She pointed out that Ellis has completed her sentence and has now been released.

She asked that Ellis be taken back into custody. She explained this is because Ellis would be reverted back to the position she was in before being sentenced.

The Crown argued that treatment prospects were not considered at the time because it was not supported by case law. That said, Whyte questioned if the results of the sentencing hearing would have been different if treatment prospects were considered.

Whyte agreed that Ruddy’s reasons were not sufficient.

Mahon said she has talked to Ellis about having to go back into custody. She said her client is aware of the situation.

Ellis wants to come back to the territory and seek bail. Mahon suggested she surrender herself to the authorities in Vancouver.

The panel issued a unanimous decision the afternoon the appeal was heard. Cooper delivered the reasons orally.

The court granted the appeal and ordered a new sentencing hearing.

The order includes one that stipulates treatment prospects be considered.

Cooper said Ellis was charged with robbery on April 26, 2016. She was sentenced to a 10-year supervision order and 28 months in jail on Aug. 30, 2016. She was given 24 months’ credit for time served.

The decision was unanimous.

Bennett ordered that Ellis be given 24 hours to surrender herself to the sheriff’s office at the Supreme Court of British Columbia to be brought back to Whitehorse.

Comments (3)

Up 7 Down 1

Mike on May 29, 2019 at 2:06 pm

There's the Yukon cheering squad. Hang her high but take no responsibilities for your own prejudices for it's people exactly like you that create these monsters that are so messed up. They really never trust love, feel nothing but was she born that way. Hell no, did residential school and sexual abuse and repeated beatings play a part? Absolutely. Just google her? WTF is wrong with this world when you think the truth about a human being is on google. You know her offenders against her never even had their names in the paper to protect her yet let's blame her. Please get a brain cell before you comment. Ignorance is no excuse.

Up 14 Down 3

Just Sayin' on May 24, 2019 at 10:52 am

Just type it into Google and see what comes up. Interesting stuff.

Up 15 Down 6

My Opinion on May 22, 2019 at 6:26 pm

Please remind us again, what did she do? Is this who we want walking our streets?

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