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Kaij Brass being escorted inside Prince Albert's Court of King's Bench. (Nigel Maxwell/paNOW Staff)
Court proceedings

Prince Albert man, responsible for infant son’s death receives 16 years in jail

Feb 26, 2024 | 1:45 PM

EDITOR’S NOTE: This story contains graphic details of abuse and death of a child.

Just over two years after a 13-month-old boy was killed by blunt force trauma inside a Prince Albert house, the boy’s father has received a sentence of 16 years, eight of which he has to serve before he’s eligible for parole.

Kaij Dean Paul Brass, 26, appeared Monday afternoon at Court of King’s Bench in Prince Albert.

The case that dates back to Feb. 10, 2022, was originally scheduled for a two week trial. Brass originally faced a charge of second degree murder. However a guilty plea was instead entered last January to a lesser charge of manslaughter.

On the morning of the incident, police responded to a complaint of a family dispute. Following the visit, they took the child’s mother to police cells.

However, just before 11 a.m. that same day, police went back to the home after a report of a homicide of a child. Once police arrived they found Tanner Brass dead and arrested Brass. Tanner died from blunt force trauma.

A picture taken of Tanner Brass. (Facebook)

According to facts read in court by Crown Prosecutor Rob Parker, an intoxicated Kaij had initially kicked the mother out of the house.

“He told her to correct her behaviors (alcohol)”, Parker said, adding Brass acted as a sort of bouncer blocking the door.

Young Tanner, who had witnessed his parents fighting was crying and a frustrated Brass responded by spanking his son seven or eight times, and also hitting him with an open hand on the chest and head area.

Despite the fact young Tanner was bleeding from the mouth, Brass believed his son would be okay and went to sleep. After waking up, he noticed Tanner was unresponsive and after trying to revive the child in the tub, and attempting chest compressions, called 9-1-1. Brass told the dispatcher he had killed “his baby.”

Outside the courthouse, Parker acknowledged the sentence was on the higher end for a charge of this nature.

“And from the crown’s perspective, it needed to be that way to address the seriousness of the offence, the vulnerability of the victim, and the aggravating nature of what had taken place,” he said.

When given the opportunity to speak, a visibly emotional Brass apologized for his actions. His lawyer Zachary Carter, who had also noted Brass who had struggled with an alcohol addiction and had come from a broken home and was subjected to abuse, said he makes no excuse for his actions.

“He did not intend to cause his son’s death but he takes full responsibility,” he said. “He may never forgive himself.”

The response by police to the West Hill home sparked criticism from the Federation of Sovereign Indigenous Nations (FSIN). Blatant discrimination and systemic racism were the words used by leaders at a press conference.

During his passioned speech Chief Bobby Cameron said the mother, who also has family connections to Thunderchild First Nation, on multiple occasions pleaded with officers at the home, in the police car and in the prison cell to watch over her baby.

The FSIN and PAGC said they carried out their own investigation and said the mother was fleeing a domestic violence situation. When officers arrived, they assumed her fear was alcohol-related and arrested her for intoxication, ignoring her pleas for help.

The Prince Albert Police Service did respond a week later, suspending two members with pay from active duty.

The Saskatchewan Public Complaints Commission (PCC) was also asked by the city’s former police chief to review the circumstances, and their report was released in May of 2023. Their investigation found neglect of duty by officers of the Prince Albert Police Service.

Just hours after the report’s release Jon Bergen announced his resignation as Prince Albert’s Police Chief. During the press conference Bergen said there were members who took issue with his decision to notify the PCC and felt the police service should have investigated itself.

“My decision to remove the two members involved from active service pending the public complaints commission’s review of the matter has resulted in very vocal criticism that the Service has left those members unsupported and vulnerable. This weighs heavy on me,” he said.

The PCC report

Among the findings by the PCC was the young child was, at all relevant times, vulnerable and in danger while left inside the residence with the father.

The findings stated the two officers should have entered the home to ensure the safety of the child, and the two officers were incorrect in their belief that they required a warrant to enter the residence.

Upon arresting the mother, both officers indicated in their reports that she did not mention any concerns about the child’s safety at the scene. This was supported by an audio recording. However, it is unclear if either officer asked for specifics.

When police initially arrived at the scene, the mother indicated she had no place to go and no immediate ride. Officers advised her since there were no available places to take her, as the shelter was full, the only option would be to spend a few hours at the PAPS detention center, but that it was up to her if she wished to do so.

At 5:58 a.m., the mother agreed to go to police cells and got into the backseat of the police vehicle. Although it had been stated previously the mother was handcuffed, in-camera video from the car shows she was not.

It had been stated during the FSIN’s press conference, that while lodged at the detention centre, the mother tried repeatedly to tell PAPS police officers that the child was in danger. It’s alleged she was both ignored by officers or advised it was not their job to help her. A review of the detention centre and cellblock audio and video did not substantiate this version of events.

No neglect of duty was identified regarding other subject officers.

The Crown did not recommend a criminal charge against the subject officers as, at autopsy, the pathologist was unable to determine the child’s time of death during the 3 a.m. to 10:40 a.m. window.

The report’s full findings can be found here.

nigel.maxwell@pattisonmedia.com

On Twitter: @nigelmaxwell

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