Sentencing for Ross River, Yukon, man in Mary Ann Ollie manslaughter case pushed to next year
CBC
The sentencing of a Ross River, Yukon, man who killed Mary Ann Ollie in 2019 has been delayed after the judge said he needed more information to decide if the incarceration period suggested by the Crown and defence is adequate.
Philip Atkinson, 66, pleaded guilty to manslaughter — down from a charge of first-degree murder — earlier this year, admitting that he caused severe internal injuries to Ollie but didn't remember doing so. His sentencing hearing began the morning of Dec. 5, with the Crown and defence agreeing that Atkinson should get nine-and-a-half years.
The hearing continued into the next afternoon, when deputy Yukon Supreme Court Justice David Gates adjourned the matter to Dec. 8.
Gates then told the Crown and defence that he didn't have an "adequate record" before him, and was in the "unfortunate position" of having to ask both sides to gather more information.
"I recognize that delay can be an enemy of justice," Gates said, but added that he had to "do this right."
Several members of Ollie's family who had travelled from Ross River to Whitehorse to attend the hearing left the courtroom visibly upset when it became clear that Gates would not be sentencing Atkinson.
Gates, among other things, ordered that a Gladue report, which can take weeks if not months to complete, be prepared for Atkinson, who's Kaska. He also told the Crown to comb through Atkinson's criminal record, which includes several convictions for violent offences, and determine if any of his other victims were women and girls. As well, he asked both sides for further submissions on what role a trial judge plays when the Crown and defence present a joint sentence.
The case returns to court on Jan. 23 for a check-in on the information and document-gathering efforts. A new sentencing date has not yet been set.
Gates, before adjourning matters on Dec. 8, heard a number of victim and community impact statements as well as submissions from the Crown and defence supporting their suggested sentence for Atkinson.
The statements were set to be read to the court the morning of Dec. 5. However, Gates took issue with the fact that the Crown and defence had redacted portions of some of the statements without consulting the people or communities who had provided them.
While that's standard practice in Yukon courts, Gates, who usually works in Alberta, said he didn't think it was appropriate.
"For me, this is a matter of basic respect," he said, and paused the hearing until after the lunch break to allow for discussions about the redactions to take place.
Six members of Ollie's family submitted victim impact statements, five of which were read to the court that afternoon by a victim services worker. They described Ollie as a kind, gentle woman who would often stop by her relatives' homes or offices for coffee or a cigarette.
One of Ollie's sisters, Joy Ann Acklack, said in her statement that she's been "stuck" on the day that Ollie died, and recalled seeing Ollie lying on the floor and praying that she would wake up.
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