By Chelsea Laskowski

Crown says remorse needed after Black Lake murder sentencing

Sep 18, 2014 | 5:02 PM

A Black Lake man claimed he was acting in self defence when he shot another man twice in the summer of 2011, even after a judge struck down that argument.

The defence for Allister Donard, 29, had argued his client was chased into the woods outside Black Lake, only using the shotgun he’d been carrying when his life was threatened. Joey Yooya’s body was found on July 5, 2011.

However, Justice R.C. Mills struck that down, saying Donard didn’t articulate the nature of the threat posed by Yooya or why he needed to shoot an unarmed man, not once but twice.

Mills found Donard guilty of second-degree murder two months ago, but Donard kept saying he was justified in killing Yooya even at his sentencing on Thursday, according to the Crown prosecutor Harold Johnson.

A second-degree murder comes automatically with a life sentence, meaning the only thing to be decided by Mills was the parole eligibility.

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Donard’s defence, Brent Little, argued for eligibility at 10 to 13 years, with 10 being the minimum possible for second-degree murder.

Johnson argued for 17 years, based on case law and Donard’s criminal record.

Little explained his much lower request was based on Gladue factors. This means sentencing should consider the systemic factors or unique circumstances faced by aboriginal people and how that impacted them with regards to the crime.

“Mr. Donard is from a very disadvantaged community, disadvantaged background. He’s undereducated, over incarcerated throughout his life and that can result in disadvantages that become systemic,” Little explained.

Justice Mills decided Donard will be ineligible for parole for 11 years. He told the court his decision looked at the Gladue factors of Donard’s father’s attendance of residential school, Black Lake’s lack of available job prospects, Donard’s limited school and early alcohol use. The 11 years were reduced from 13 or 14 because of those factors.

Mills added his decision was also based on the “character of the offender,” and Donard’s criminal history made that problematic. Mills explained past offences show a lack of regard for others’ safety.

Outside of court, Johnson was quick to point out “ultimately it’s Allister’s choice as to whether he ever gets out. Parole eligibility isn’t a guarantee of parole.”

This requires taking part in programs and, “perhaps begins to express some remorse for what he has done, perhaps some recognition that he took a life unjustified,” Johnson said.

Donard consistently claimed self defence to protect himself and his family from Joey when “he shot Joey once, Joey was down on the ground and he put the second bullet into his head execution-style,” Johnson said. “That speaks for itself.”

Mills also mentioned Donard blames police for past events, leaving him to take “thing in his own hands.”

Little said he believed Donard was referring to “other incidences where he called the police for help and they didn’t attend,” unrelated to the murder.

It’s doubtful the Parole Board of Canada will grant Donard parole if he continues claiming self defence, Johnson said.

Donard’s father, Alex was present in court and said crime in the community is largely due to the lack of job opportunities and educational training. He explained although he got into working in mining without a full education, it’s necessary to have training available for young people.

Joey Yooya’s body was found in the woods outside Black Lake, a First Nations community 1,180 kilometres northwest of Prince Albert, on July 5, 2011.

claskowski@panow.com

On Twitter: @chelsealaskowsk