Whitehorse Daily Star

Offender’s fate to be learned Tuesday

Chris Cornell will find out Tuesday afternoon

By Stephanie Waddell on October 31, 2014

Chris Cornell will find out Tuesday afternoon just how long he will be under the supervision of the court following his sentence for robbery and the attempted murder of two peace officers in 2011.

After a two-day sentencing hearing, Yukon Supreme Court Justice Leigh Gower scheduled his decision for Tuesday afternoon.

The Crown and defence lawyers have agreed to a sentence of 11 1/2 years and a long-term offender designation.

However, they dispute how long the necessary supervision order should be.

Crown prosecutor Keith Parkkari is seeking the maximum 10-year term while Cornell’s lawyer, David Tarnow, is asking for a five-year supervision order.

Cornell, 33, was convicted by a jury last fall for the attempted murders and robbery, as well as:

• using a firearm while escaping from a robbery;

• using violence and bear spray to commit robbery;

• shooting at a marked RCMP vehicle, knowing someone was in it;

• aggravated assault by wounding RCMP Cpl. Kim MacKellar; and

• using bear spray to assault a custodian and using violence against the custodian while stealing a safe.

Both lawyers agree Cornell should receive three and a half years credit for the time he’s already served in custody.

Over the course of the three-week trial, the court learned that on Sept. 26, 2011, Cornell and then-girlfriend Jessica Johnson broke into Madley’s General Store in Haines Junction, bear-sprayed the custodian and tried to get away with the store’s safe using a pallet jack.

They gave up on the safe and fled down the Alaska Highway in a stolen vehicle when MacKellar and conservation officer Shane Oakley arrived on the scene.

Shots were fired at the police cruiser during the pursuit.

Over the course of the two-day sentencing hearing this week, the court heard from witnesses Johnny Brass, a counsellor from the Kwanlin Dun First Nation’s Jackson Lake wellness team who has provided counselling to Cornell, and forensic psychiatrist Dr. Shabehram Lohrasbe, who prepared an assessment on Cornell for the sentencing.

Brass was the first to take the stand, after being called by Tarnow.

Over the course of his testimony, Brass told the court he first met Cornell about seven years ago when Cornell would regularly visit the Yukon Men’s Society where Brass was working at the time.

The society provided support to men, offering a drop-in centre, counselling and computer access.

Cornell also took part in a 10-day men’s camp that was offered at Jackson Lake through the society at that time.

Speaking to his role with the First Nation – which Cornell is a member of – Brass said he works to support members wherever that support is needed.

There are a number of ongoing healing camps offered. Brass and other counsellors also make visits to the Whitehorse Correctional Centre to offer counselling to members such as Cornell.

He and another counsellor have made seven visits to Cornell since last year, and he said that support will continue in whatever way it can be provided.

It’s important that Cornell know he has a community and support to come back to upon his release, Brass emphasized.

The counsellor also said that while Cornell had issues with his treatment at WCC (a human rights complaint has been launched over Cornell’s treatment at the jail), more recently, his focus has seemed to switch.

“He’s eager to listen,” Brass said, noting Cornell now seems focused on pursuing a better future for himself and wants to be a good father to his daughter. He now seems to understand how important having support is in that.

“That’s quite the shift,” he said, noting much of his work with Cornell is related to connecting with his culture.

Parkkari pointed out that Cornell will be going Outside the territory to serve time in a penitentiary. He then questioned what type of support Cornell might receive from the First Nation should he decide to remain Outside following his release.

“We’ll do what we can to support him,” Brass replied after stating the level of support will depend on what Cornell might need at the time.

There are financial supports available through the First Nation. There’s also the possibility of connecting Cornell with a number of services in other communities, Brass said.

He also emphasized that the First Nation will continue to maintain a relationship with Cornell while he’s serving his sentence, connecting by phone to ensure he knows he has that support in place.

Gower also questioned Brass, who told the court Cornell has discussed his addiction to cocaine and recognizes the harm it has caused himself and others.

While Brass said he’s “somewhat familiar” with Narcotics Anonymous, he also noted it hasn’t come up directly in conversations with Cornell.

Rather, Brass said he has encouraged Cornell to take advantage of any programming offered that can help him.

The judge also questioned Brass on his thoughts about whether a supervision order would help Cornell maintain his sobriety and help him connect with his culture or whether it might interfere with that.

Structure, Brass replied, would likely benefit Cornell and give those working with him “something to work with” in supporting him.

“I just think it would be helpful,” Brass said, though he did not speak to the amount of time a supervision order should be in place.

Lohrasbe spoke throughout his testimony of the benefits of a lengthier supervision from a psychiatric point of view.

“The more support they have the better,” he said, pointing out that the supervision can gradually lessen over time.

He also pointed out that in the past, Cornell has succeeded in meeting parole conditions, but has then run into trouble when he’s off parole.

“I see the downside as pretty minimal compared to the upside,” Lohrasbe said of longer supervision orders.

While voicing his support for a longer supervision order, he also spoke with optimism about Cornell’s future should Cornell decide to take advantage of programs while he’s incarcerated and adhere to rules and conditions following his release.

“I think he’s a bright fellow,” he said, noting Cornell seems able to learn new things quickly.

A challenge for Cornell, he commented, will be in learning that those in authority are there to help him.

“He’s got to see the system as being on his side,” he said.

Lohrasbe spoke specifically of two programs offered at federal prisons across the country.

Both the high-intensity violent offenders program and the high-intensity substance abuse program would likely benefit Cornell, he said.

Both programs have a non-aboriginal and aboriginal stream which means Cornell could take advantage of the aboriginal stream.

Each is a five-hour-per-day program, offered five days a week for close to five months.

There are also moderate-intensity programs for each that Cornell could use as a “booster” after he completes the high-intensity programs.

Others – which can vary from anger management to 12-step programs to vocational training – are also offered, but differ by institution.

Under questioning by Tarnow, Lohrasbe defended his call for a lengthy supervision period, again emphasizing the benefit of structure.

In arguing for the five-year supervision order though, Tarnow told Gower he has to look at the order from a Criminal Code perspective rather than solely viewing it from a psychiatric point of view as Lohrasbe was.

Five years, he argued, are “more than enough” for a supervision order.

The order, he pointed out, will also come after a parole period where Cornell will also be under strict condition.

Parkkari also pointed to parole, noting Cornell’s past successful experience meeting parole conditions, showing he does well under supervision orders.

The Crown prosecutor also cited the ability to make the conditions less onerous over time and a provision in the Criminal Code where an application can be made to shorten the length of the order.

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