Sentencing for Ross River, Yukon, man in Mary Ann Ollie manslaughter case pushed to next year

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.

'It's like she didn't matter'

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.

"It was the longest hour," she said of waiting for help to arrive. "It felt like forever."

Acklack said that she and Ollie who had just turned 59 had also planned to grow old together, but "that will never happen."

Lorraine Sterriah, meanwhile, wrote that she was angry at the "injustice of the whole situation," including the fact that police didn't initially consider Ollie's death suspicious and how long the court process had taken.

"It's like she didn't matter," her statement said, adding that Ollie's death didn't get the attention it deserved because she was a First Nations woman and a "drinker."

"Philip took away the chance for her to battle her demons and succeed," she added.

Ollie's son, Curtis Ladue, said he was "really close" to his mother, who loved camping, fishing, her TV shows and her dog, Princess. Ollie had always wanted a grandchildfrom him, he said, but was killed before he had his children.

Ladue said he continues to live with the pain of Ollie's death.

"It's still there and always will be," his statement said.

Several of the statements said it was difficult to cope with the fact that it took more than a year for Atkinson to be arrested, during which he remained in Ross River.

Community impact statements for Ross River Dena Council, prepared by the Council of Yukon First Nations, and by the Liard Aboriginal Women's Society (LAWS), meanwhile, noted the division, anger and fear Ollie's death created in both Ross River and among Kaska women.

"Violence is not the Kaska way of life [This crime] violates the deepest sense of who we are as people and a nation," said the LAWS statement, which was read to the court by board member Mary Maje.

"We hope that the court can see the impact this crime had on all of us."

Sentence among the longest for manslaughter in the Yukon, Crown says

In his submissions, Crown attorney William McDiarmid, appearing by video, said it was a "truly sad" case, and that the impact of and devastation caused by Ollie's death was "incalculable."

Atkinson, McDiarmid continued, took Ollie's life in a "particularly brutal fashion," and had a high degree of moral blameworthiness. Also aggravating was Atkinson's criminal record, he said, and although there was an 11-year gap since the last offence, still contained a number of convictions for violent crimes.

The suggested sentence of nine-and-a-half years, McDiarmid argued, would be one of the longest sentences for a manslaughter conviction in the Yukon and was warranted, given the "grave and serious" nature of the case.

McDiarmid acknowledged Atkinson's guilty plea to manslaughter was mitigating it prevented what would have been a five-week-long murder trial before a jury with a number of vulnerable civilian witnesses lined up to testify but that it was somewhat offset by the fact that the plea came on what was supposed to be the first day of the trial.

With credit for time spent in pre-trial custody, Atkinson would have just more than three years and six months left to serve, McDiardmid said.

Defence lawyer Jennifer Cunningham, meanwhile, highlighted a number of Gladue factors that needed to be considered in the case. While there wasn't a formal report prepared, Cunningham said Atkinson experienced, and continues to experience, the "systemic oppression faced by many Indigenous people."

Atkinson, she said, grew up on a trapline with his family and only spoke Kaska until he was taken away to residential school around age five, where he was abused and taught to be ashamed of his culture. He's struggled with alcohol since his early teens, Cunningham continued, and, prior to his arrest, "was not doing very well" health-wise due to his chronic alcohol consumption.

Cunningham also highlighted that Atkinson was arrested in September 2020 and faced more restrictive jail conditions due to the COVID-19 pandemic, including spending 57 days in solitary confinement and nearly 18 months in "some sort of lockup."

Atkinson's sister, Jenny Caesar, also read a letter to the court over the phone as part of the defence submissions.

Caesar said her family was related to Ollie's, and that she had a "hard time" believing Atkinson would "do anything" to someone he considered a sister. She also said she "prays daily" for healing and forgiveness, and that she supports her brother.

Her comments triggered more than a dozen of Ollie's family and friends to storm out of the courtroom.