Photo by Whitehorse Star
Darryl Steven Sheepway
Court adjourns convicted man’s quest
The Court of Appeal of Yukon has adjourned an application from a man convicted of second-degree murder who is seeking the appointment of counsel.
The Court of Appeal of Yukon has adjourned an application from a man convicted of second-degree murder who is seeking the appointment of counsel.
Darryl Steven Sheepway made the application regarding the appeal of his conviction. Justice Patrice Abrioux presided by video during the recent court session.
Sheepway is serving a life sentence, with no eligibility for parole for 13 years, for the killing of Christopher Brisson in 2015 in Whitehorse.
Sheepway’s lawyer, Vincent Larochelle, expressed some concerns about the Yukon Legal Services Society revoking his client’s certificate for legal aid over the costs for the trial transcript.
Crown prosecutor Noel Sinclair tried to address some of Sheepway’s concerns.
He explained that the society has re-authorized Sheepway’s certificate. This will cover the reasonable costs for the trial transcripts. He felt the application should be dismissed as a result.
Larochelle remained concerned, as he was not aware that the certificate had been re-issued.
He felt Sheepway’s treatment was a sign of political games. Larochelle pointed out that this application was filed and suddenly a new certificate is on its way.
“It really smacks of politics,” Larochelle said.
He said his client remains in jail and is not being informed of the situation. Sheepway’s family is concerned.
Larochelle is not confident. He explained that, based on previous actions, the society could revoke the certificate again. He added that his contract with legal aid will expire before the appeal could be heard.
He did not doubt that the new certificate had been issued, but he is concerned about his client’s despair. He felt the court should be concerned about the politics being played with people serving life sentences. He believed the application should be granted, as all criteria were met.
Sinclair noted that Larochelle seems to have difficultly accepting that his client’s bid for legal services was approved. He firmly rejected any notion of political games being played.
“There is simply no evidence of that,” Sinclair said.
He explained that the society has a budget it must operate within. He did not dispute that the previous certificate was revoked due to the transcript cost, but clarified that the society is now authorized to cover it.
This was based on the merits of the appeal.
“That (the issues) have been rectified,” Sinclair argued.
Due to the new certificate, he felt, the court did not have the jurisdiction to appoint counsel. He said there is no longer a need to intervene, as the appointment of counsel is meant for people who were denied service by legal aid and cannot get a lawyer on his or her own.
“I think that puts an end to the application because funding was provided,” Sinclair said.
He added that Larochelle wants to represent Sheepway, but counsel of choice is not part of this type of application. He clarified that this could be negotiated.
Abrioux asked if there would be any prejudice if the application was adjourned, pending the receipt of the new certificate.
Sinclair stood firm that the application was no longer necessary. He said Justice Canada has stated the matter is settled, and legal aid will be negotiating with Larochelle.
Larochelle maintained that there is still uncertainty with the new certificate, and the court should be mindful of prejudice to Sheepway.
Abrioux was clear that he would not be making any findings of facts that day.
This included Larochelle’s assertion of political games being played against Sheepway.
Larochelle did not oppose, but asked the court to tell legal aid to take the matter seriously.
Abrioux adjourned the application. He agreed that the new certificate has made this application redundant but there were still valid concerns of a possible revocation. He felt adjourning it, pending the receipt of the certificate, to be the best option.
He explained that should the certificate arrive as planned, there would be no need for the application, but if it does not, the application can be heard at that time.
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Comments (16)
Up 0 Down 0
Little Lambs Eat Ivy on Jan 8, 2020 at 6:27 pm
You have to call Ottawa to get your Yukon Court transcripts? No wonder Queens Printers went out of business. Crazy!
Allo, allo? Is this access to Justice?
Yes, this is access to Justice. To continue this call please insert your credit card now. You will be billed for an appropriate amount based on our determination of the cost made by someone who will take their best guess at it.
You don’t have a fee structure?
No, no that is too inefficient. We prefer to make things up as we go. We want our employees to feel liberated and free to make the decisions and enforce the rules they think are optimal given their like or dislike for a particular situation.
Is that not code for prejudicial treatment?
That’s one way of seeing it. We like to think that we are not creating Sheep in the Way we do things. In fact, our motto states, Don’t Do It the Sheepway!
Below Retrieved From:
http://www.justice.gov.yk.ca/prog/cs/1028.html
Purchase court transcripts:
Court proceeding transcripts and reasons for judgment can be purchased from StenoTran.
Order a transcript:
By submitting a request online; or
By sending an order form by fax: 613-521-7668; or
By sending an order form by email: ykcourts@stenotran.com; or
By phoning: 613-521-0703.
Basic transcript rates:
Basic transcript rates are priced per page and include one electronic copy.
Daily transcript (delivered within 24-48 hours of being ordered): $23/page
Subsequent copies: $23/page
Expedited transcript (delivered within 72 hours of being ordered): $18.25/page
Subsequent copies: $5/page
Regular transcript (delivered within 15 days of being ordered): $13.75/page
Subsequent copies: $0.50/page
Rates for oral rulings, reasons for judgment or sentencing:
Electronic copy: $14.25/page
If you are unable to reach StenoTran, contact Court Services at 867-667-5247 or 1-800-661-0408 (ext. 5247) or email courttranscripts@gov.yk.ca for further information or assistance.
Up 2 Down 1
Groucho d'North on Jan 8, 2020 at 1:46 pm
@Michael Jackson
If there was a desire to have court transcript services brought into the 21 century, it would be quite simple to do. There are transcription firms in town who perform this function for government already. They monitor and transcribe all radio media newscasts in addition to another dedicated contract staff who create Hansard transcripts each day while the Legislature is sitting. It is not a difficult thing to do and I suspect a lack of budget for transcription services in the courts is why it is not available today.
Up 1 Down 1
Anie on Jan 7, 2020 at 3:13 pm
Michael Jackson, if that is how transcripts are actually produced in the Yukon, then it supports my position. Twenty years ago, we had certified court reporters who transcribed verbatim using shorthand, and we had court reporter machines that did the same thing (they had a minimal number if keys and expert techs who used them). What you describe, listen-type-listen is just plain backward.
Up 7 Down 1
Michael Jackson on Jan 6, 2020 at 6:42 pm
They are expensive because these documents are sent out to be transcribed by a third party. Court Services does not do the work. It involves listening to tape, typing, listening to tape, verify, typing, listening to tape.
It can be a time consuming process. If it suits your purpose you can order bits and pieces of the transcript that are relevant. This can help reduce costs but if it is a lengthy matter you have to know when the relevant piece occurred.
It may be public information but it ain’t cheap.
Up 11 Down 3
Anie on Jan 6, 2020 at 3:18 pm
A bigger issue here is why on earth transcripts cost so much. I'm guessing that the price has escalated way beyond any cost of living reality, despite the fact that current technology provides so many opportunities for cost saving. Is this just another example of the legal business rip off?
Up 24 Down 2
Juniper Jackson on Jan 5, 2020 at 2:30 pm
Sheepway murdered another human being. Just..bang.. ended his life. Stay in jail forever.
Up 8 Down 4
Hornet’s Nest on Jan 4, 2020 at 3:02 pm
With Political Games and others - You are correct Political Games in that the current occupancy of the Judicial, Administrative and Executive branches of the government who are not only supposed to be separate but “be seen to be separate” is highly problematic.
Perhaps one could just shrug their shoulders and say; ya but, It’s the Yukon.
The simple reality however is that there is such a familiarity with this arrangement that it invokes a sense of, so what’s the problem? This is itself a symptom of a much larger problem. Fundamentally, it is an issue with the foundations of democratic principles.
I agree that we should have little sympathy for the wrongdoer or evildoer if that is your thing but this misses the point entirely. We cannot say that rights belong to one person and not the other because to do so would make them privileges... And if justice becomes a privilege there is no justice and we end up with a system that loses the appearance of objectivity if not actual objectivity itself - Because it can and it will.
It is further problematic that the Deputy Minister of the DOJ appears to be on the same level in the same building as the Chief Judges. Wow! The imagery is startling to anyone with any knowledge on the subject of Judicial Independence or, at least it should be.
This is particularly so when one considers that just a little while ago the DM took his place below the judge in the structure of the courtroom. Perhaps this just gives us a visual for an entirely new perspective on the notion of increasing access to justice.
This state of affairs should not exist.
I agree with Political Games that this withholding of transcripts is unfair, not just for Sheepway or Larochelle, but I do add, for the idea of justice itself, because access to Justice should not be a user pay fee service. For any semblance of Justice to exist it must be accessible to all at every point in the criminal justice process - Not when the Department of Justice feels like it.
I would like to end by reminding everyone that the ethics of Judicial Independence do not exist for the peace of mind of the Judges but for the “protection” of those who must engage with the system - Everyone else. And to fully comprehend these ethics as they exist to protect everyone they “must” be applied not just in actuality but “must” be “seen” to be demonstrating “independence”. This is an active rather than passive duty.
Strange things are done,
Under the midnight sun,
Up 11 Down 4
Groucho d'North on Jan 4, 2020 at 2:08 pm
It appears to this reader that at the end of the day, a satisfactory outcome of justice depends on how much money you have to spend on it.
Dick the butcher was right.
Up 16 Down 6
Political Games on Jan 4, 2020 at 9:18 am
Political games is right.
How would all you nay-sayers like it if you wanted to appeal something and could not because you are denied the transcripts that are absolutely required to bring forward an appeal "because of funding" or some other bogus reason that lies fully and completely in the hands of politicians? Everyone has the right to appeal. Even murderers.
Ask yourselves why Larochelle didn't know the certificate had been re-issued. I was always under the understanding that there shouldn't be surprises like this in court. Sounds like it was issued solely because of the court application and that smacks of political bs to me. Do you think it would have been re-issued if the application had not been made by Sheepway/Larochelle? I would bet money that it never would have been re-issued. Calling their bluff seems to be a requirement in order to get some semblance of justice and that is just wrong, imo.
I have no sympathy for this murderer at all, but I do believe in justice and access to the courts. If I'm in jail for murdering someone and want to appeal the sentence and need those transcripts to appeal that, then whoever is withholding them (for whatever reason) is obstructing justice, in my not-legally-trained opinion.
Even the fact that the YG Justice Dept is in the same building as the YG Courts causes me great concern. There should be absolute separation between the judicial and executive and administrative branches.
Sheepway should have access to the courts for his appeal, like it or not.
Up 10 Down 5
Hornet’s Nest on Jan 3, 2020 at 9:59 pm
@ jc, Matt and Yukoner - It’s not about the money. Matt’s reference to Saturday Night Live however is closer to the mark. Many lawyers live with the burden of narcissistic tendencies and some with the burden of a full blown narcissistic personality disorder.
For a smaller subset of individuals there is the tendency towards socio/psychopathy in which the legal environment offers many opportunities to exploit the associated character traits.
If it were about the money a lawyer would be better off elsewhere than in the Yukon.
I once had a lawyer who was a friend inside and outside the courtroom tell me that “we” lawyers tend towards narcissism because it makes “us” more effective advocates. In thinking about that comment in the moment I asked my “friend” to contemplate the irony of his belief.
Those who would focus on Mr. Sheepway’s deservedness and not on the state of the legal system really do miss the mark. It is unfortunate because in doing so you serve other’s interests rather than your own.
Someone once said something about “useful idiots”...
Up 13 Down 6
Crunch on Jan 3, 2020 at 8:25 pm
With the history of judgements and appeals coming out of Yukon in the past 30 years on murder charges can you blame Mr. Larochelle for trying? The last major trial in Yukon past a judgement where the assailant got 15 years for first degree murder. That was due to an ongoing public outcry that system was dysfunctional and in need of an overhaul. Soft has been the order of the day as these actions are redeemable with some sort of therapy. The system believes this, the public and the victims families do not,
Up 34 Down 12
Yukoner Opinion on Jan 2, 2020 at 6:29 pm
Larochelle seems to be advocating for his own work and payment by bottom feeding on guys like Sheepway who most Yukoners want locked up and forgotten because he is a convicted cruel killer.
Why don't you go to a cafe and seriously think about what kind of "Poor Creature's" you want to represent.
Up 37 Down 8
Matt on Jan 2, 2020 at 4:32 pm
Kidding right.....? Is the Lawyer hoping to get on Saturday Night Live?
1) No politicians anywhere anyhow care about Sheepway.
2) See number 1.
Nobody cares about this dudes "despair". He is a convicted murderer.....do the crime ....do the time and keep your whining to a minimum.
Up 32 Down 11
jc on Jan 2, 2020 at 4:21 pm
The only games being played here come from Larochelle. It's called the "money game".
Up 11 Down 7
Hornet’s Nest on Jan 2, 2020 at 2:33 pm
Political games... No schit! “... to ignore that the highest courts, whether in the US or Canada, are, in fact, political would be willful ignorance. We seem to assume in Canada that our Supreme Court is an apolitical or objective body simply ruling on matters of law...”.
This presumptive aura allows for the cover of political manipulations within the criminal justice system and within the Yukon criminal justice system more noticeably; if you’re paying attention it is not hard to see.
This impugns the necessary function of judicial independence. It is a major threat to the democratic process and it has done damage to many Yukoners - Perps and vics respectively. As for many of the players in the act they do not know any better and simply continue the struggle reinforcing the systemic, legal ignorance that has a choke hold on the administration of justice.
Many of them are not honest and decent individuals although they hold themselves to be.
I do despair for Mr. Sinclair as he does seem just and fair.
Quote from:
https://thewalrus.ca/the-political-bias-in-our-court-systems/
Up 35 Down 5
Lindsay on Jan 2, 2020 at 1:27 pm
Ah, poor Mr. Sheepway and his family..and now poor Mr. Larochelle with his concerns about possibilities.
Clearly, Mr. Brisson, shot through the neck and dumped at Miles Canyon can't speak to his own concerns.
My sympathies to the Brisson family that this legal carnival continues. Be strong.