Crown wants up to 5 years for father of girls who froze to death

CHRIS PURDY

ROSE VALLEY, Sask. The Canadian Press

The Crown wants the father of two young girls who froze to death on a Saskatchewan reserve to serve between 2 1/2 and five years in prison.

Prosecutor Marylynne Beaton was in court Friday arguing that a defence lawyer's call for an aboriginal sentencing circle is not appropriate for Christopher Pauchay.

His daughters, Kaydance, 3, and Santana, 1, were found dead last winter in a field on the Yellow Quill reserve, northeast of Saskatoon.

“This is basically akin to child abuse,” Ms. Beaton told provincial court Judge Barry Morgan. “He was drinking and not able to care for his children, and then took them outside.

“These little girls were young, solely dependent on their father. He gave them life and owed them a duty to keep them safe from harm,” Ms. Beaton said.

Mr. Pauchay, 24, pleaded guilty to criminal negligence last month after he took the children outside in wind chills that felt like -50 C and then became separated from them.

The girls were wearing only T-shirts and diapers. Mr. Pauchay himself was not prepared for the elements and almost suffered the same fate, but was found at a neighbour's door.

Defence lawyer Ron Piche argued for a sentencing circle, saying Mr. Pauchay has accepted responsibility for his actions and has a lot of support on his home reserve.

A sentencing circle allows the aboriginal community to become more involved in determining an appropriate sentence for an offender. A judge is still obliged to impose a sentence and can ignore the recommendations of those in the sentencing circle.

Mr. Piche said his client doesn't remember much from the early morning of Jan. 29, only that he panicked when one of his girls hurt herself. He then picked her up and ran for help.

RCMP have said that Mr. Pauchay was taken to hospital after being found outside a neighbour's home, suffering from frostbite and hypothermia.

He next woke up in a hospital room.

“He was in a stupor, he was in and out of consciousness, he was medicated,” said Mr. Piche.

As soon as Mr. Pauchay was coherent, he asked a nurse about his girls and that triggered a search, Mr. Piche said.

Judge Morgan is to rule Jan. 7 on whether to proceed with a sentencing circle.

The 900-member Yellow Quill First Nation has been plagued for decades by alcohol abuse, high unemployment and a lack of suitable housing.

Following the girls' death, Chief Robert Whitehead called for an addictions treatment centre on the reserve. A plan is still in the works and in the hands of the Saskatoon Tribal Council, he said.

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