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Friday, 6 March, 2009

what's your opinion?

Dad of girls who froze to death handed 3 years jail
Updated Fri. Mar. 6 2009 3:57 PM ET

CTV.ca News Staff

A Saskatchewan father who drunkenly lost his two young daughters outside in a snowstorm has been handed a three-year jail sentence for their deaths.

Christopher Pauchay, 25, pleaded guilty to criminal negligence causing death after his daughters -- three-year-old Kaydance and one-year-old Santana -- were found buried in snowdrifts in January of last year.

The prison term comes despite calls from an aboriginal sentencing circle that Pauchay be spared jail time and be allowed to heal in his community.

But in handing out the sentence, Judge Barry Morgan said that Pauchay hadn't taken responsibility for the deaths and didn't seem to understand how his actions had led to the tragedy.

Pauchay, who had been drinking heavily on the night of the deaths, had taken the girls out of his home on the Yellow Quill First Nation reserve in the early hours of Jan. 28.

They became separated in the -50 C weather, and the girls froze to death.

Pauchay also suffered severe frostbite and hypothermia but survived after being found by a neighbour.

The Crown noted that Pauchay already has a long criminal record, with more than 50 convictions. The three-year jail term lands on the lower end on the Crown's request, who were seeking a maximum sentence of five years in jail.

Pauchay's lawyer had argued that sending the father to prison would only hurt his family.

On Thursday in the Rose Valley, Sask., courtroom, Pauchay told Judge Barry Morgan that his new infant daughter has kept him sober and given him a new lease on life.

After the girls' deaths, Yellow Quill First Nation Chief Robert Whitehead announced plans to establish an addiction treatment centre on the reserve, which has been plagued by alcohol abuse.

The Saskatoon Tribal Council is still reviewing the plans for the treatment centre.

Elders in a 24-member sentencing circle recommended that Pauchay not be sent to prison.

Pauchay's stepmother Jo Anne Machiskinic earlier told a sentencing circle she was angry that it took such a tragedy for the reserve to own up to the drinking problems it faces.

"I felt at the time, why does it always take something this bad to make people open their eyes?" Machiskinic said last month.

She said she is concerned about the depression Pauchay faced in the months following his daughters' deaths, and she is not mad at him about their deaths because he did not intend to hurt them.


ok... so now that you've read all of that, and maybe you saw it on the news, or heard about it on the radio... what's your opinion?

i know a lot of people will say that he deserves a lot longer than three years, and frankly i agree. i think that criminal negligance causing death is a bullshit charge, pardon my french, and that it should be nothing short of a manslaughter charge. if not a second degree murder. i think that he should rot in a jail cell personally. but according to the canadian legal system (we've been down this road before, it is in no way a justice system) that's pretty much the max that he could be charged with. so that being said, i'm glad he got the max. what really burns me up is that the council at the reserve (healing circle) is upset because they feel like they have been ignored. i'm sorry... what? the healing circle was ignored? oh shucks. what are we going to do? i guess the feelings of the healing circle are more important than seeing justice (if you can call that puny sentance justice) served on the drunken bastard who let his two daughters freeze to death because he wanted more beer. anyways, before i go way off course and write something i probably shouldn't post, i'll end it here... what's your opinion?

4 comments:

Avaelyn said...

Opinion? I agree that our legal system is crap. I agree that he should have been given a lot more time in jail, that the charge should have been more severe, but also in saying that, I'm glad that he got the maximum sentence for what he was charged for. Machiskinic said she "felt at the time, why does it always take something this bad to make people open their eyes?" I'm just wondering if any eyes were really opened. That is what I think concerns me the most. She also said that she didn't think that he intended to hurt them. That may be true, but when you have young children in your care, and you go ahead and get yourself so intoxicated that you don't realize that PERHAPS taking them out in -50 degree weather, you still need to take responsibility for your actions. He made the choice, and I believe most people realize that when they are drunk, they don't make the most rational decisions. If you knowingly put yourself in that state, I believe you MUST then be responsible for what may happen. This is just so sad.

Becky said...

I try not to think about this story too much... It always ends up with me imagining what those little babies went through alone and scared in the dark and cold... And then I either end up so mad I want to find EVERYONE responsible with definite intentions to hurt them... (Because frankly, I blame the family too. If I knew that someone looking after my children had a drinking problem they wouldn't be looking after my children.) Or I just end up completely a mess and trying to calm myself down by telling myself that God was there with those little girls and they are WAY better off where they are now than on that reserve with a whole bunch of people who are really good at avoiding responsibility for their actions (And inactions)... For now.

See? Now I'm all mad.

Becky said...

(I'm going to go watch a movie to stop myself from getting to the imagining part... And then the mad part... And then the sad... And mad again...)

trav said...

i shall put up a new post. just for you, it shall make you laugh, thus making you cheerful and happy to be alive.