In emotional hearing, judge bans teen accused from contacting witnesses to fatal downtown stabbing of girl, 14

A  17-year-old charged in connection with the downtown Winnipeg stabbing death of a teen girl last week hunched over in his chair and teared up Wednesday after a judge refused to let him hug his mother in the gallery before he was taken back into youth custody.

"I know you're feeling very sad right now … seeing mom," provincial court Judge Kusham Sharma told the 17-year-old, who can't be publicly identified under the Youth Criminal Justice Act, during a Manitoba Youth Centre hearing.

It was the final moment of a hearing Wednesday that saw Sharma agree to a request from Crown attorney Jacqueline Briard regarding contact between the teen and witnesses.

The Crown had asked for an order that the youth have no contact with seven witnesses who were in the area of Graham Avenue last Friday afternoon, when the stabbing took place.

The boy was arrested and charged with second-degree murder on Monday. That happened shortly after Winnipeg police Chief Danny Smyth held a news conference the same day saying investigators were looking for a male and two young girls he said were in the presence of the 14-year-old Indigenous girl who died.

Smyth said someone in her group turned on her early Friday afternoon and stabbed her on Graham near Fort Street and the Cargill Building.

The Manitoba Advocate for Children and Youth has said the death highlights a mental health crisis facing youth.

Teens described as 'vulnerable'

The 17-year-old's defence lawyer, Brett Gladstone, said in court Wednesday the teen only knew two of the seven names on the no-contact order requested by Briard, one of them being the boy's girlfriend. Both were described as "vulnerable" people.

Gladstone said his client asked him to request that the girlfriend still be allowed to speak with him by phone or attend the Manitoba Youth Centre for supervised in-person visits.

Despite the fact that calls in and out of the centre are recorded, Briard argued that letting the two remain in contact under any circumstances right now could jeopardize the case, particularly if prosecutors call the girlfriend to testify in court.

"There is a high risk — given the relationship, given the dynamics, given the age of the potential witness — for all sorts of potential tampering of evidence," said Briard. "If the incident is discussed at all …  evidence is tainted."

Briard also said the girl had already given testimony to Winnipeg police.

The prosecutor expressed openness to revisiting the possibility of supervised visits down the line, "but certainly at this stage the Crown is of the view that … [the no-contact order] makes sense."

Sharma agreed, saying she thinks "in the interest of justice" the pair shouldn't have any contact right now.

Gladstone asked the court to order a forensic report by a doctor to determine whether the 17-year-old accused lives with any mental health challenges, developmental disabilities or other conditions.

"It's really important that you co-operate with that doctor, OK?" Sharma said as the 17-year-old nodded.

"Can I give my mom a hug?" he asked in response.

Sharma said no, and the 17-year-old swiftly left the Manitoba Youth Centre courtroom prisoner's box and entered a locked room, where he could be heard sobbing.

The boy's mother told him to "stay strong, keep your head up," and said she loved him at the end of the hearing.

The forensic report is expected to be done by early January, when the 17-year-old is next expected to appear in youth court.

A vigil was held on Monday to honour the girl who was killed and her loved ones.

A family member of the teen girl told CBC News her funeral will be held over the holidays.

More from CBC Manitoba: