26 October 2010

Six to Eight Months of Open Custody Sought by Crown for Boy Who Set Edgewater Blvd. Bridge Ablaze

Peterborough Ontario - The Crown wants six to eight months of open custody jail time for the 15-year-old boy who pleaded guilty to setting fire to the Edgewater Blvd. bridge in April.
 
Over more than two hours Tuesday, Crown attorney Kelly Eberhard laid out her case for why the boy needs to spend time in jail.
 
He can't be identified under the Youth Criminal Justice Act.
 
He was 14 when he set fire to the Canadian Pacific Railway bridge in East City 13 Apr 2010. The blaze sent a large black plume of smoke seen over the city.
 
The damage was initially pegged at $750,000 but court heard Tuesday CP Rail was able to salvage some of the timber and footings. The final estimated cost is $400,000.
 
A youth can't be sentenced to jail time except in "exceptional cases" when they commit an indictable offence. Under the act, sentencing must promote rehabilitation, protect society, and promote a sense of responsibility.
 
Defence lawyer Trevor Burgis said the boy's actions were reckless and not intentional so they don't meet the criteria. The boy should be sentenced for the act itself, he said, not the consequences of it.
 
"This is not retribution," Eberhard said.
 
She said she has given the decision a great deal of thought.
 
"Jail can be the means to reduce the chance of recidivism and ultimately increase the long-term protection of society," she said.
 
On several occasions she pointed to the boy being able to access services in custody, compared to what steps his family has taken.
 
"This is a family that has proven to be incapable of dealing and taking control of their issues."
 
A report has also recommended open custody, court heard.
 
The boy's father, who has been at court for every court appearance, rubbed his eyes several times and appeared upset on several occasions.
 
When the boy pleaded guilty in September court heard he didn't mean to set the bridge on fire. He made a Molotov cocktail of rags, gasoline (which he bought), and a bottle because he was bored.
 
Burgis said the boy planned to throw the Molotov cocktail on the train tracks, which the bridge crosses over, but when he burnt his thumb he panicked and threw it on the bridge's support beams.
 
The boy, who sat with the same neutral expression seen at earlier appearances, made no statements to the court Tuesday.
 
Burgis said, on behalf of the father, that the boy now listens at home, goes to school, and is helpful around the house.
 
Burgis is asking for 42 days of credit for the 28 days the boy spent in pre-trial custody, plus 18 to 24 months of probation.
 
Eberhard wants to give the same credit for pre-trial custody.
 
A community forum for people affected by the blaze was held 22 Sep 2010. A conference with the boy, his father, lawyers, and officials from the school board, John Howard Society, and other service providers was held 27 Sep 2010.
 
The boy "participated in a positive and responsible way," Eberhard said.
 
Madam Justice Esther Rosenberg will sentence the boy 12 Nov 2010.
 
Fiona Isaacson.