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The Hamilton teen who killed Devan Selvey, stabbing the 14-year-old in the back, has been given a wake-up call" in court after it was revealed he assaulted three other youths while in a detention centre.
At a mandated annual review of his case before Superior Court Justice Andrew Goodman Tuesday, court heard the assaults and any future misconduct could risk the teen's chance at being released next year. But for now, the court approved a joint submission from the defence and Crown to continue with his existing sentence.
The 17-year-old, who was 14 at the time of the Oct. 7, 2019, stabbing outside Sir Winston Churchill Secondary School, cannot be identified under the Youth Criminal Justice Act. He pleaded guilty to second-degree murder and was sentenced in March 2022 to seven years, including four years in custody (minus two years credit for pre-sentence custody) and three years custodial supervision in the community. If this sentence continues he will be released next March.
The courtroom was packed Tuesday with Selvey's family and friends, many wearing purple in the teen's memory, where they heard for the first time details of the teenage killer's actions since his conviction. The court had the power to continue or alter where the teen serves his sentence. Seven years is the maximum sentence under the YCJA.
After hearing about the three assaults, Goodman asked whether he could order the teen to spend his entire sentence in custody, instead of being released to community supervision in March 2024. The answer is yes, but only if the Crown or the provincial director bring an application, which has not happened.
Assistant Crown attorney Brett Moodie said the Crown was not making such an application now, however, they may consider one at the next review expected in about nine months. He asked for a more comprehensive assessment of the teen before the next hearing.
Goodman agreed with the request, but called it a wake-up call" for the teen.
I am disappointed personally and on behalf of the Attorney General at some of the evidence you have before you," said Moodie.
He recalled a real sense of optimism" when the teen was sentenced last year. At that time, he had made significant progress. The court ordered he take part in the intensive rehabilitative custody and supervision (IRCS) program that offers intensive rehabilitation for young people convicted of a serious violent offence.
Despite those resources, court heard the teen assaulted others on three different occasions last year, with the teen being the apparent aggressor in all three incidents," Moodie said. An incident from Sept. 18, 2022, led him to be charged and later convicted of assault in Simcoe court. He was sentenced to 30 days.
Moodie noted that the IRCS program comes with great expectations for the teen and also significant resources from the government. The teen has failed in some respects."
Defence lawyer Caroline McKenna said she wouldn't describe it as failure, but a setback.
This hearing has no doubt put (the teen) on notice of what application may come depending on actions going forward," she said, adding that she understands the Crown and court's disappointment.
If the teen wants to be reintroduced to society in March 2024, his path going forward has to be one that no longer involves these setbacks," she said.
Court heard from the probation officer who authored the progress report. Moodie called the report overly optimistic," noting basically a paragraph was devoted (to the assaults)," with the bulk of the report describing the teen as being respectful, a leader, and demonstrating compassion and understanding.
The lack of details about the assaults prompted Moodie to ask for more records and is part of the reason he asked for a more comprehensive report next time.
Moodie questioned the probation officer on how it can possibly be true" that the teen is a leader when he attacked his peers.
I know that's a bit contradictory, but that is the information that I received from the facility," answered Iwona Hukiewicz, the probation officer who wrote the report based off of information from the institution and case management meetings.
Court heard that on Sept. 18 the teen attacked another youth who was in line to return to his unit at the gym. It is this incident that led to the later assault conviction. The next incident on Oct. 11 was again described as an unprovoked assault" where another youth was punched in the back of the head and blacked out. And in December a youth came forward to say he'd been assaulted the night before and was concerned for his safety. Video footage confirmed Selvey's killer had punched the other youth a number of times on the head and shoulder and the other teen didn't respond.
Hukiewicz told the court she didn't watch the videos and believed the information shared from the facility was accurate and objective."
Court heard that there have been no further incidents in the five months since the last assault, and he's now ranked in the highest (best) level for behaviour in the youth detention centre. The teen is also no longer required to meet with a psychiatrist, but meets weekly with a social worker and has also completed other programs, including an ongoing dual credit trades program. The teen's mother was in court Tuesday.
Outside court, Devan's mom, Shari-Ann Selvey, said she'd like to see the teen stay in jail as long as possible until he learns to be a better person."
He has so much given to him to make him a better person but yet he's still reverting back to the person he was," she said, referring to the assault details she learned in court Tuesday.
I can't do anything for Devan at this point other than to show up and be his voice," she said, adding that she also has to be there for Devan's friends.
Brody Wagar, Devan's best friend who was with him the day he was killed, said it broke his heart when his friend was killed. The two made a pact to graduate high school together, so now he's going to graduate for his friend. There's got to be justice," he said about the prospect of the teen being released from custody.
Nicole O'Reilly is a crime and justice reporter at The Spectator. noreilly@thespec.com