Boris Bytensky is an expert guest on CTV News to talk about this tragic and uncommon case
Authorities suspect that the person responsible for beating a “fun-loving” six-year old to death is another child under the age of 12. The shocking news has devastated the small First Nation community, who are making national headlines with possibly being home to one of Canada’s youngest murderers. The Kahkewistahaw community is located east of Regina, Saskatchewan.
Lee Bonneau, who suffered fatal head injuries, was playing outside a recreation center while his foster mother was playing bingo inside. The young suspect who is believed to have perpetrated the assault has been apprehended and is in the care of the Ministry of Social Services. He has not been formally charged as he is too young.
Boris Bytensky, a Toronto Criminal Lawyer at Adler Bytensky Prutschi Shikhman, was an expert guest on CTV NewsCHannel to discuss this tragic case. Mr. Bytensky points out that there are several layers of complexity at work in this uncommon and exceptional case, and several factors need to be considered. As the age threshold to be charged for any crime in Canada is 12-years old, this case falls outside the reach of criminal justice. Any proceedings involving the young man would be under the dichotomized child welfare legislation in Saskatchewan, whereby both Aboriginal and non-Aboriginal systems offer different rectification regimes.
Given the inapplicability of the Criminal Code and the Youth Criminal Justice Act because of the suspect’s age, Mr. Bytensky emphasized that family and child protection Provincial laws would take primacy in this matter. An expected course of action that the State can take is to remove the child from his place of residence and relocate him to a facility that can normalize and rehabilitate him. Mr. Bytensky summarizes that the State’s response to this tragic case will be to treat and rehabilitate the anti-social behaviour of this boy as all doors to criminally prosecute him are closed.