Crown starts by saying they reached an agreed statement of facts w defence over possible evidentiary issues last Friday. Crown won’t be calling a witness.
Justice Pierce says she will hear victim impact statements first then from Bushby if he wishes, who is sitting in the courtroom gallery behind defence.
Assistant crown Andrew Sadler submitting 6 victim impact statements, one of which won’t be read or made public record, he says.
First impact statement from Serena Kentner, Barb’s teenage daughter. She says how her death impacted her schooling and it’s not an important goal anymore. She had plans to graduate and celebrate with her mother. She used to reward me for my good grades, she said.
Serena says she dropped out of school, including a leadership program in Edmonton. She’s now living in northwestern Ontario and is angry she doesn’t have her mother. I feel like I don’t have anyone to talk to, she said.
Assistant crown Andrew Sadler is reading Serena’s statement.
Serena has been sick with cancer since her mother’s death and suffers from depression, smoking weed to cope.
#2 Melissa and Connie Kentner, two of Barb’s sisters. Melissa was with Barb when she was hit with trailer hitch and took care of her until she died. They miss their sister, the joy she brought to their lives, the statement reads.
They’ve suffered stress, anxiety and depression and say they won’t take counselling until after court because what they say in counselling could be used against them in court.
Barb’s nephews and family were threatened following her death and forced to move from Thunder Bay. We don’t go out anywhere alone, the statement reads.
#3 statement from sister Cheryl thanks two witnesses who came forward to identify Bushby following the attack.
She found it difficult to write the statement because Barb would’ve been the one to help her with it. She says Barb was trying to get her life together. I reminisce about the hugs I’ll never give or receive, the statements reads.
Cheryl speaks about need to forgive Bushby at some point but she still feels contempt for him. Life will be difficult for you, the statement reads to Bushby. You will be known as a killer and society will never look at you the same again.
She may have just been another Indian to you but to me she was lightness, Cheryl’s statement reads.
#4 from Amanda Boucher, another sister, says Bushby took a mother from her daughter who needed her most. You knew what you were doing looking for native sex workers, none of which were my sisters. And your parents lost a son, the statement reads.
#5 statement from cousin Debbie Kakegamic tells Bushby what he took away from their family. Says she works for an org trying to end MMIWG and didn’t imagine her own family member being a victim.
#6 statement from Barb’s aunt Lana Kooshet is filed but won’t be read. That is all the victim impact statements.
Community impact statement #1 from Audrey Gilbeault, executive director of Nokiiwin Tribal Council. Describing work of tribal council for 5 communities to meet needs for justice of Indigenous ppl.
The impact of an offence in a community will often depend on context, Audrey reads to the court. Calls Barbs death a tragedy felt not only by family but Indigenous people across Canada. A long-standing pattern of violence against Indigenous ppl that makes Tbay an unsafe place.
Audrey says it’s common in Tbay to have items thrown at Indigenous ppl from people driving by from garbage to a trailer hitch.
She says incidents go back to 1983 when a woman was hit with a can of Pepsi and it’s still happening 38 years later. Calls it everyday violence and somehow it’s okay because it’s normalized. Racism is normalized in Tbay statement reads.
Audrey refers to local newspaper Chronicle Journal publishing headline of police scrambling to solve cases of eggs being thrown at Indigenous ppl.
Audrey says Indigenous ppl don’t report these incidents because of victim blaming by police. It is in fact racism. Says ppl in Tbay deny racism exists including top leadership sending msg that Indigenous ppl don’t matter.
Audrey says racism killed Barbara because racism is left unchecked. She says Indigenous ppl continue to feel unsafe in the city, fearing going to parks and playgrounds by themselves and don’t feel safe calling 911 or going to emergency because of racism.
Many of us love Thunder Bay, and have contemplated leaving but that would mean leaving our loved ones, the statement reads.
Audrey talks about economic contributions of Indigenous ppl in Tbay including $383 million in one year according to Lakehead university research.
#2 community impact statement from Indigenous Bar Association and National Association of Friendship Centres presented virtually by lawyer Donald Worme.
Some technical difficulties.
The Crown told the court the context of impact statements is that it’s not uncommon for Indigenous ppl in Tbay to have items thrown at them from passing vehicles. While Bushby is not guilty of those precious actions, what he did occurred in that context.
And it had an impact on Indigenous community, one that Bushby may not have intended but it flowed from his actions.
Defence said they don’t object to any of the impact admissions to the court.
Taking a 10 min break.
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