An Indigenous girl from Winnipeg who killed her greatest buddy and roommate in a drunk driving accident three years in the past can be allowed to serve her sentence at dwelling, largely due to her racial background and “life circumstances … formed by a historical past of trauma and discrimination,” a decide dominated final month.
Jayden Starr Okemow, 23, pleaded responsible to at least one depend of driving with a blood alcohol stage exceeding .08 inflicting the dying of Hayley Linklater, however solely after the Crown known as nearly all of its witnesses.
However somewhat than the custodial sentence of 5 years sought by the prosecution, Provincial Court docket of Manitoba Decide Wanda Garreck mentioned defence counsel’s request for a conditional sentence was extra applicable after making use of each the Gladue precept and precedents from R. v. Ipeelee, one other landmark Canadian determination involving “systemic and background elements” associated to Indigeneity.
“I’m happy this is likely one of the ‘clearest of circumstances’ for imposing a sentence that’s considerably outdoors the standard vary for this offence,” Garreck wrote in her just lately printed determination giving Okemow two years much less a day.
On Could 28, 2023, Okemow, then 20, and Linklater, 23, had been consuming at Winnipeg Seaside Provincial Park once they determined to move to a different seashore to go swimming, with the youthful of the 2 taking the wheel.
Travelling south at speeds of 83 km/h in 50 km/h residential zone, Okemow misplaced management of the automobile ”at a slight curve within the street,” hit the gravel shoulder, narrowly averted a ditch “and continued into the grass till it hit the embankment of a driveway, which prompted it to vault” via the air touchdown 80 ft away and rolling to a relaxation on the motive force’s facet.
Linklater, who was not sporting a seatbelt, was tossed from the automobile sooner or later throughout the crash and was pronounced useless on the scene. It’s not clear how severely Okemow was injured, if in any respect, however she did produce “blood alcohol readings over 3 times the authorized restrict.”
Apart from a pair of Freeway Site visitors Act infractions, Okemow had no prison document on the time.
The Winnipeg girl’s pre-sentence report signifies that she spent her earliest years in foster care earlier than assembly her grandmother, “the adoptive mom of her father,” with whom she lived in a First Nation neighborhood till she was 13. Her father, nevertheless, was seldom current, as his prison exercise, substance use and psychological well being struggles saved him incarcerated or in psychiatric care.
Whereas “each grandparents had been survivors of Indian Residential Colleges and struggled with alcohol use” at occasions, Okemow mentioned she grew up “with out dysfunction” in a “typically supportive” household dwelling.
Between 13 and 15, Okemow selected to reside along with her mom inside a special Indigenous reserve, however she quickly ended up again in foster care due to her mom’s wrestle with substance use.
After witnessing a buddy kill themselves, Okemow required psychiatric hospitalization. Upon launch at 16, she moved again in along with her mom for 2 years, had her first of 4 youngsters after which moved out on her personal in Winnipeg.
The primary and oldest baby, now 4, “is non-verbal with doable autism spectrum dysfunction.” Two youthful siblings born after the crash are in speech remedy and the third is an toddler born in January 2026.
Okemow has additionally been the sufferer of intimate associate violence, most just lately involving her husband and father of her two youngest youngsters, who’s at the moment in jail for assaulting her and “she is the protected particular person on a no contact order” in opposition to him.
The PSR additionally revealed that Okemow admitted to having beforehand pushed inebriated.
Okemow “disclosed a number of suicide makes an attempt,” whereas burdened by “melancholy, regret, guilt, and grief” within the aftermath of Linklater’s pointless dying, however mentioned she “tries to stay robust for the sake of her youngsters.”
“She misplaced her greatest buddy and roommate and is aware of she’s going to carry the load of that loss as she tries to maneuver on along with her life and lift her youngsters,” the decide wrote.
Linklater, it’s price noting, was additionally a mom to a younger daughter on the time of her dying.
Okemow, who’ll take her brood to her grandmother’s home at some stage in her sentence, mentioned she plans to return to highschool and “pursue significant employment when her circumstances permit.”
Whereas it’s been a wrestle at occasions, Okemow “stays abstinent from substances” and the decide mentioned “she has demonstrated vital maturity and development as she manages parenting tasks for 4 younger youngsters with restricted assist.”
Primarily based on the totality of her circumstances, largely influenced by Gladue elements, and due to the “vital modifications” Okemow has undertaken, Garreck mentioned “a penitentiary time period shouldn’t be essential to fulfill denunciation and deterrence on this case.”
Okemow can be on supervised probation with a sequence of strict circumstances for an additional two years after her home arrest. She’s additionally prohibited from driving for six years.
Garreck mentioned Okemow’s private circumstances might current challenges throughout her sentence.
“I’m happy she’s going to plan for and cope with any challenges to make sure compliance, or she dangers serving the sentence in a jail,” the decide reminded.
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