© Austin M. Davis
Timothy Louie was denied application for a sentencing circle on Tuesday morning at Court of Queen's Bench.
An application for a sentencing circle on behalf of Timothy Louie was denied in Moose Jaw Court of Queen’s Bench on Tuesday morning.
Louie, who lives in Regina, was convicted on all three charges that took place between May 1, 1996 and Oct. 1, 1997.
The now 64-year-old man was found guilty on Dec. 7, 2012 of sexual assault, sexual interference and invitation to sexual touching. Louie’s sole victim was under 14 years of age at the time the incidents occurred.
Legal Aid lawyer Mervyn Shaw was granted permission from the court on June 11 to file an application for a sentencing circle on behalf of his client.
On Tuesday, Justice Peter Whitmore had the application in front of him and heard both Shaw and Crown Prosecutor Brian Hendrickson examine a witness who testified to the merit of sentencing circles.
“This isn’t a get out of jail free card,” Shaw said.
Sentencing circles typically take place on reserve with members of the offender’s community, like elders, police, the victim and their family present. Those in attendance go around the circle and reach an appropriate recommendation. A judge is not bound by the recommendations.
Originally, the application for Louie to get a sentencing circle stated it would be held at Piapot reserve. This was changed on Tuesday to be hypothetically held at Peepeekisis.
Louie is not a member of either reserve.
Whitmore said that a requirement set out to justify a sentencing circle is that the guilty party must have “deep roots in the community so the circle can provide a meaningful decision.”
Whitmore dismissed the application and was prepared to go ahead with sentencing.
Instead, sentencing will take place on Sept. 9.
Louie faces a penitentiary term of more than two years.