Brandy Vittrekwa's killer applies for more privileges in jail

The teenage boy who beat Whitehorse teenager Brandy Vittrekwa unconscious three years ago and left her to die in the snow is applying for less restrictive conditions in jail.

The youth, now 18 years old, pleaded guilty to manslaughter in December 2015, a year after Vittrekwa's death. He was sentenced the following June, to two years in a young offender's facility, followed by a year of community supervision.

The jail sentence is due to end six months from now.  

On Friday, the teen — who cannot be named under the Youth Criminal Justice Act — appeared in Yukon's Youth Justice Court. He's applying to have conditions changed immediately from what's called "secure custody" to "open custody." 

That could allow him more privileges in custody, such as not wearing a prisoner's uniform, or more frequent day trips outside. It could also allow a move to a less-restrictive youth facility.

It would not change the total length of the sentence, or the term of community supervision.

In court on Friday, the youth's hair was cut short and he wore a teal blazer, standing straight to address Judge Peter Chisholm. A page of prepared notes shook in his hand as he spoke in a clear voice.

"It's been going really good for me. I have done counselling, I applied for university, I am doing the best I can," he told the judge. 

Psychologists and case workers support move 

Psychologists and other case workers have been assessing the young man. He has been in custody since April 2015.

Last year, while in custody, he was convicted of another violent offence after punching a supervisor. 

However,  Judge Chisholm called a recent progress report "very positive," and described the youth as "very compliant with programming and counselling." 

Court heard that the young man has recently completed Grade 11 courses and is now taking Grade 12 courses, with an eye to graduate high school. 

He told the court he would like to apply for university for September 2018. 

Killer already 'walking the same streets' in Whitehorse 

Crown prosecutor Ludovic Gouaillier argued against the change to open custody for the youth.   

He said the application is opposed by Vittrekwa's family, who see it as breaking a promise made in sentencing.

The sentence given in 2016 was the maximum allowable sentence for a young offender charged with manslaughter.

Some people in Whitehorse nevertheless protested the sentence, saying it wasn't appropriate.

Kwanlin Dün First Nation Chief Doris Bill also said she didn't believe the sentence reflected the severity of the crime. She raised the issue in Whitehorse during public hearings of the National Inquiry into Missing and Murdered Indigenous Women and Girls.  

Gouaillier also told court that Vittrekwa's family has also been distressed to know her killer has already been spotted in Whitehorse. He said the youth has already obtained "reintegration leaves."

"He walks the same streets," Gouaillier said. "His presence in the community would be an issue."

Reintegration is the key, says defence

Lawyer Melissa Atkinson is representing the youth in court. She argued that open custody is "still a jail sentence," which carries "immediate consequences" when rules are broken.

She also said every effort should be made to help his rehabilitation, with an eye toward long-term success. 

"You can see the progress," she said.

Atkinson also argued that moving the youth away from jail would remove him from the bad influence of other young offenders.

Gouaillier did agree that "being in custody is rarely beneficial for a person."

"The criminal justice system will never be able to address the grieving and healing that needs to be done," he acknowledged.

The sentence issued in 2016 called for a term of "continuous, intensive, rehabilitative custody," to be followed by community supervision. 

Judge Chisholm will have to decide of those conditions can be met in open custody. 

The matter was deferred, and will resume on court on Jan. 12.