Whitehorse Daily Star

‘I can only imagine the stark horror involved’

There’s more to life than bouncing in and out of jail.

By Amy Kenny on July 11, 2016

There’s more to life than bouncing in and out of jail.

That’s what Judge Donald Luther told a 30-year old Whitehorse man who pled guilty Friday morning in an attempted carjacking case.

In November 2015, Jason Gallant approached a car at a stop light in Surrey, B.C.

He tried first to get in a rear door, then the front. During the attempt, his T-shirt was pulled over his face, and he used his hand to imitate a gun.

“Honestly, it was a spur-of-the moment decision,” Gallant told Judge Luther.

He said he had a place to live at the time, and he had money, so it wasn’t about that.

When he was picked up by RCMP that night, he told them he had been drinking, though said he wasn’t drunk.

“To be honest, I don’t know what I was thinking,” he said.

Dressed in a button-down shirt and tie, Gallant spoke in court about the robbery attempt, and about his upbringing and Metis culture.

Gallant was born in Calgary and moved to Whitehorse when he was 12 years old. His mother, sober for the last seven years now, was an alcoholic when Gallant was growing up.

He lived for four years with his father, in Victoria, B.C., where he dropped out of high school to live with a girlfriend. In the years after his father died in 2003, Gallant worked jobs as a hotel desk clerk and in the mining industry.

In 2013, Gallant was in the vehicle during a workplace car accident that killed some of his colleagues.

Gallant’s lawyer, Norah Mooney, said the event left Gallant with psychological trauma, and alcoholism took over.

Mooney said Gallant has been involved in programming in recent months to overcome his alcoholism.

She asked for a suspended sentence for her client, arguing a strong probation would be deterrent enough.

She said Gallant had strong motivation to remain sober, as he and his sister are currently caring for their mother, who is dying of lung cancer.

“I’m in no way downplaying the seriousness of these charges,” said Mooney, as she likened her client’s finger-gun robbery attempt to the kind of “stupid act” one might see in a comic.

“This is a gentleman who is an alcoholic and who is making very strong attempts to make sobriety a permanent way of life,” she said.

“People dealing with alcoholism, they struggle and they slip .... I believe that this young man is motivated,” she said.

Judge Luther agreed he had to weigh Gallant’s upbringing in his decision.

He also considered multiple letters of support. (Crown Keith Parkkari pointed out that one of these letters was from a program Gallant had been involved with before the carjacking attempt.)

The judge said he also had to weigh the positive words of a neighbour who appeared on Gallant’s behalf.

Still, he said Gallant would be making amends for the robbery attempt, as well as for charges of failure to comply with conditions of recognizance, including breaking curfew and possession of a weapon, both while attending recovery facilities in B.C.

“I can only imagine the stark horror of the victims involved,” said Judge Luther of the two female passengers in the attempted carjacking.

“It would be absolutely terrifying to them.”

“It is my opinion, and it is a very firm opinion, that to impose a non-conditional sentence in this case would clearly be an unfit sentence.”

Judge Luther decided on a 90-day sentence, to be served intermittently, at Whitehorse Correctional Centre on weekends.

Gallant will also be on probation for three years, the first six months of which, he must stick to a curfew and not leave the house between 8 p.m. and 6 a.m.

He must keep the peace and be of good behaviour.

Gallant also has three months to write a 400-word letter of apology to the two female victims in the carjacking attempt.

As well, he must complete 150 hours of community service in the next 15 months, and refrain from drinking.

Luther said that, as long as Gallant complies, this sentence will allow the court to keep control over him, while still allowing him to care for his mother.

“If you don’t, you won’t be available to help your mother out. It’s as simple as that,” Luther said.

Comments (8)

Up 0 Down 0

Josey Wales on Jul 16, 2016 at 8:25 am

YukonMax....indeed we very much do.
Crime white and blue collar ARE the economy up here.
If not for our epic dysfunction there would be no need for the many NGO's, an army of enablers and the SJW's that bleat the messages.
Babysitting has replaced the innovative nature old stock Canadians used to be known for post the biggest FAILED socialist experiment ever.

In regards to crime, everything suggests that we are in fact "on our own"
And as per act accordingly...ever vigilant.

Up 7 Down 1

YukonMax on Jul 15, 2016 at 9:50 am

We love our criminals up here...we even elect them.

Up 10 Down 2

north_of_60 on Jul 12, 2016 at 5:03 pm

This is called the Hillary Clinton defense. Yes a crime was committed, but because they claim they didn't INTEND to after the fact, then the just-us business gives them a reprimand instead of punishment.

Up 10 Down 1

ProScience Greenie on Jul 12, 2016 at 2:16 pm

Problem with elected judges jc is that we'd end up with too many low caliber used car salesman types just like our politicians. They also tend to over-sentence to get reelected and are more open to graft.

Recall legislation would work so citizens could give a bad judge the boot. We should start by pushing for that change.

Up 21 Down 3

north_of_60 on Jul 12, 2016 at 2:30 am

The judge can only "can only imagine the stark horror" of the terrifying experience for the victims, so he gives the criminal a slap on the wrist. Perhaps if we had judges with some real-life experience instead of relying on their imaginations, then victims would get some justice and criminals would get punishment to fit their crimes.

Up 20 Down 5

jc on Jul 11, 2016 at 9:31 pm

What, no third generation residential school history? And the judge talks about the horror the two girls went through. I really think judges should be held responsible for their sentencing. Maybe electing them would smarten them up.

Up 16 Down 1

June Jackson on Jul 11, 2016 at 8:59 pm

“I’m in no way downplaying the seriousness of these charges" Really?

I hope if I ever decide to commit a spur of the moment crime.. one..it's for money because I don't have 20 cents to my name and I just turned in my recycle, and two, it's in the Yukon. I really don't want to have to go to jail or be punished too harshly for my crimes.

Up 58 Down 2

#nojusticeinyukondothecrimenotime on Jul 11, 2016 at 4:10 pm

So…he gets three years probation for doing a car jacking (fake gun, alcoholic, I don't care, intent was there) and the young offender who killed Brandy also gets three years. Mmmmmm…..wrist slaps don't work, 10+ years does. Bring justice to these victims. Are women that devalued in your practice?

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