Emotional sentencing hearing in Behchokǫ̀, N.W.T., for drunk driver in deadly 2021 crash

Felix Black will have no tomorrows.

That was a sentiment shared by his adoptive mother, Marjorie Black, in makeshift N.W.T. Supreme Court, held in the arena in the Kǫ̀ Gocho Sportsplex Centre in Behchokǫ̀, N.W.T., on Tuesday morning.

Marjorie was one of two family members who read her victim impact statement out loud to Crown prosecutor Clare Brackley, defence lawyer Jay Bran, Justice Louise Charbonneau and a room full of family, friends and Behchokǫ̀ community members.

Felix died on June 20, 2021, after a car crash outside of Behchokǫ̀ on Highway 3, at age 22. Kelsi Camsell was driving and was charged with impaired driving causing death and impaired driving causing bodily injury for injuring another passenger involved in the crash. Camsell, who was intoxicated at the time of the crash, pleaded guilty to the charges.

Camsell, 32, sat quietly in the arena on Tuesday, as 12 victim impact statements were read. The statements came from adoptive parents, biological parents, siblings, aunts, uncles, cousins and grandparents. 

"Your honour, there is no more tomorrow with Felix on earth. The only thing that's left for us is our memories and memorable moments we shared with him," Marjorie said between tears. 

A 'serious, significant and tragic' crash

Camsell already pleaded guilty to the charges but the judge has yet to make her decision.

In the agreed statement of the facts, prosecution and defence agreed that the driving conditions were clear the day of the crash, that Camsell drank alcohol that day and that the vehicle's speed leading up to the crash was 178 km/h.

Marjorie requested the kilometres be converted into minutes and seconds of silence for the loss of her son. Justice Charbonneau granted the request. 

Prosecutor Brackley said it was a "serious, significant and tragic" crash, and one that was also completely preventable. 

"Despite trying to get the message through, people are still drinking and driving, causing death," Brackley said.

The Crown asked for Camsell to serve three and a half years in custody.

Some of the aggravating factors, Brackley argued, including the excessive speed and number of passengers — a total of four people were in the vehicle at the time of the crash.

Defence lawyer Bran asked for a lighter sentence for Camsell, who is a single mother and the primary caretaker of her children. Bran requested two years house arrest in the community with the ability to leave the house for child-care needs, grocery shopping, and to attend religious ceremonies.

One of the mitigating factors, Bran argued, was the fact that Camsell did not flee the scene of the crash and instead stayed and called for help.

At the end of Tuesday's proceedings, Camsell addressed the judge and courtroom, apologizing to the family and taking full responsibility for her actions.

"I have to deal with this for the rest of my life. There is not a day I don't think about it … I wish I could take it back," Camsell said.

Justice Charbonneau said she will reserve her decision for Wednesday morning.

A gift of life, and a sudden end

In her victim impact statement, Marjorie shared the story of how six-week-old Felix ended up in her arms in 1999, after his biological mother shared her struggles of trying to take care of the baby as a teenage parent. Marjorie had agreed to take in Felix and promised to take care of him.

A couple weeks later during his first check up at the health centre, the doctor heard a murmur in baby Felix's heart. Marjorie and her new son were medevaced for intensive care in Edmonton and Marjorie was told her new son had a hole in his heart and would not live past the age of two.

"As the days, weeks and months went by and his second birthday approaching really fast, I prayed to God that time would just stand still," Marjorie shared.

But a doctor's appointment right before Felix's birthday revealed the hole in his heart was healing and Felix survived.

"The doctor said, 'I don't know what you are doing to this boy and what you are feeding him but his heart looks a lot better … just keep on doing what you're doing and keep loving him more and more.' Which we did," Marjorie said. 

Felix went on to see another 20 birthdays, before he died.

His death, family said, came far too soon.