By Taylor MacPherson

Moostoos sentenced to 7 years for manslaughter

Jan 16, 2017 | 12:29 PM

Claiming years of abuse, a James Smith Cree Nation woman was sentenced today in the stabbing death of a member of her own family.

Candace Gail Moostoos, 34, was found guilty of causing the death of her great-uncle, 70-year-old Alpheus Burns, by a Melfort jury in October. The jury reduced the charge from second-degree murder to manslaughter, but found her guilty nonetheless. Moostoos, the court heard, stabbed Burns to death in his apartment after he offered her $10 for oral sex and claimed to have given her AIDS during a previous sexual encounter.

At the sentencing hearing held last month, defense lawyer Mary McAuley acknowledged a prison sentence was necessary, but pushed for a term of four years and probation. Crown Prosecutor Tyla Olenchuk called for a sentence of eight to 10 years, arguing Burns’ actions should not be taken into account during sentencing because the jury had already considered them when reducing the charge to manslaughter.

Today, Queen’s Bench Judge Brian Barrington-Foote sentenced Moostoos to seven years in custody.

In his decision, Barrington-Foote said he treated Burns’ actions as a mitigating factor, and noted Moostoos had reason to fear her repeated abuser.

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“None of this is meant to suggest Mr. Burns deserved what he got,” Barrington-Foote said. “He did not.”

Barrington-Foote said he considered several aggravating factors as well, including Burns’ age and poor health, Moostoos efforts to conceal her crime and the fact she was on probation at the time.

“Seven years is a fit sentence in this case,” Barrington-Foote said.

Speaking to paNOW outside the courtroom, Olenchuk said she was satisfied the sentence was within an appropriate range.

“It was a difficult case to wade through all of those factors,” she said. “It was clear from [Barrington-Foote’s] decision that he took a lot of time and effort in doing so.”

Moostoos was given credit for the 610 days she has spent in custody awaiting today’s decision, meaning she will only serve approximately four and a half of her seven-year term.

Outside the courthouse Gerald Whitehead, Moostoos’ uncle, said the proceedings have been difficult for the family, as they are connected to both the victim and the offender.

“It’s caused some rifts in the community and also in our family,” Whitehead said. “Alpheus was an uncle to us.”

Despite the mixed emotions, Whitehead said today’s decision was reasonable.

“I’m quite satisfied,” he said. “I know Candace was satisfied with the outcome today.”

Taylor MacPherson is paNOW’s court reporter and weekend editor. He can be reached at Taylor.MacPherson@jpbg.ca or tweet him @tmacphersonnews