No decision made at Quewezance sisters’ bail hearing in Yorkton, Sask. | 24CA News

Canada
Published 18.01.2023
No decision made at Quewezance sisters’ bail hearing in Yorkton, Sask.  | 24CA News

Following two days of cross-examination and argument, Yorkton, Sask., Justice Donald Layh has reserved judgment on a bail software for 2 sisters convicted of homicide in Saskatchewan in 1994.

Layh has requested the applicant, lawyer James Lockyer, put together a extra detailed plan for the discharge of Nerissa and Odelia Quewezance, together with what choices they’d have for social assist and employment ought to bail be granted.

The Quewezance sisters are each serving life sentences and neither have acquired full parole, however are hoping for conditional launch whereas a federal assessment of their conviction strikes ahead.

Layh, Lockyer and Crown prosecutor Kelly Kaip, who opposed the bail software, will reconvene by way of convention name on Feb. 23, after which a written determination will likely be issued by Layh.

“We had a good hearing for two days before Mr. Justice Layh,” Lockyer stated exterior Yorkton Court of King’s Bench following the listening to.

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“We’re very hopeful, and we’re going to see, but we’re going to have to wait six to eight weeks to get a decision..”

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Nerissa and Odelia Quewezance have been convicted of second-degree homicide following the killing of Anthony Dolff close to Kamsack in February, 1993. The sisters, who have been 18 and 21 on the time, have at all times maintained their innocence.

While the sisters testified that they have been at Dolff’s residence the night time of his loss of life, their cousin, a youth on the time who was additionally current that night time, has truly confessed to the homicide.

The sisters’ case is now the topic of an software for ministerial assessment, which may lead to a retrial or referral of the case to a courtroom of attraction ought to a miscarriage of justice be discovered.

As reported by APTN, the Canada Department of Justice confirmed to Lockyer final summer time that the sisters’ case had proceeded to the investigation stage of Canada’s conviction assessment course of. Lockyer works with Innocence Canada which makes a speciality of exoneration.

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Throughout the listening to, Justice Layh reminded counsel that the bail software can be evaluated contemplating particular standards together with the potential profit to the general public of launch.

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Nerissa and Odelia took the witness stand Tuesday, taking questions from each Lockyer and Kaip.

Dolff’s members of the family heard the sisters element to Lockyer their efforts to make themselves extra employable, to hunt out remedy for psychological well being and additions challenges and to volunteer of their communities whereas on parole.

Jay Koch, Odelia’s long run associate, and Congress of Aboriginal Peoples vice-Chief Kim Beaudin have been additionally referred to as to the stand. Both said they’d home the sisters ought to they be granted bail.

Meanwhile, in cross-examination Kaip referred to as into query the sisters’ prison histories each earlier than and after the homicide conviction, and had them element setbacks in efforts to be granted full parole together with prolonged durations of being unlawfully at giant.

She then questioned Koch and Beaudin on their willingness and talent to implement any situations set by the decide on the sisters’ potential launch,

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Arguments commenced Wednesday.

Lockyer recounted related circumstances the place bail has been granted, such because the case of Wade Skiffington. Skiffington was granted bail in 2019 pending completion of his conviction assessment after being convicted of second diploma homicide and sentenced to life in jail in 2001.

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Just final month, Canada Justice Minister David Lametti referred the case to the British Columbia Court of Appeal, stating that “there is a reasonable basis to conclude that a miscarriage of justice likely occurred.”

He additionally argued that the sisters, who come from Keeseekoose First Nation, could have confronted discrimination after being arrested and held at a Kamsack RCMP detachment staffed solely by white officers. He recommended this may increasingly have influenced statements given by the sisters on the time, and that contemplating the sisters’ historical past as residential college attendees granting bail may very well be thought-about an act of reconciliation.

Kaip, in the meantime, spent important time highlighting proof introduced ahead within the 1994 homicide trial, together with testimony from the sisters that they have been at Dolff’s residence the night time of his loss of life, and {that a} violent confrontation with Dolff did happen. As she recounted chilling particulars about Dolff’s stabbing loss of life, his members of the family turned audibly emotional within the courtroom.

Pointing out no new proof was introduced ahead to comtradict what was heard, she argued the Quewezances’ launch wouldn’t be within the public curiosity.

But finally, Justice Layh determined he wanted extra info and deliberation time to decide.

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Speaking exterior of the courthouse, following proceedings Odelia stated she leaves the listening to optimistic.

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“It’s not no,” stated Odelia, who’s at present on day parole, moments after Nerissa was led away by RCMP in handcuffs.

“They just need a proper plan. It’s definitely not a no.”

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