THUNDER BAY - For more than four years, the family of Barbara Kentner has been waiting for justice to be served and the individual responsible to be taken into custody.
“I believe it sends a message to other people to think twice before they do something,” said Debbie Kakagamic, Kentner’s cousin.
Justice Helen Pierce handed down her sentence in a Thunder Bay Courtroom on Monday morning, where she said the actions of Brayden Bushby on the night of Jan. 29, 2017 when he threw a metal trailer hitch from a moving vehicle that struck Kentner in the abdomen causing injuries that ultimately led to her death has had a ripple effect stretching well beyond the city of Thunder Bay.
“Your actions have signaled to Indigenous people that they cannot expect to be safe and that their lives are not valued,” she said. “That is what happened when you threw that trailer hitch.”
Kakagamic said she was pleased that Justice Pierce agreed with the Crown’s submission of a sentence of between eight and 12 years.
“I’m a little shook up. We’re all shook up,” she said. “I’m glad it’s over. It’s been a really long haul.”
“I think it’s going to help everyone move on. Even though it’s been four years, it’s still something that is on our minds all the time because we are waiting. We were waiting for justice and it to be over.”
Kentner’s sister, Connie, commended Justice Pierce for acknowledging the impact the incident has had on Indigenous people in the community and the country.
“I think she did a pretty good job because she actually acknowledged what is going on, not just around here, but everywhere,” she said. “It still won’t bring her back. It’s some sort of justice for us and our family.”
Crown attorney Andrew Sadler said sentencing hearings are always difficult because no sentence can ever bring complete satisfaction to anyone.
“Barbara Kentner has passed away and there is no sentence that can bring her back,” he said.
And while Justice Pierce said the impact of Bushby’s actions on the Indigenous community did not result in a stronger penalty because he was not charged with a hate crime, she spoke at length on victim impact statements from Indigenous organizations, as well as pointing out Bushby’s bias toward targeting women when he said he wanted to ‘yell at hookers.’
“It was really helpful that her honour spent some time to talk about the impact Barbara’s passing had on her family and the impact this offence has had on Thunder Bay as a whole, particularly the Indigenous community,” Sadler said.
“I think this sentence certainly sends a clear message that Mr. Bushby’s conduct was completely unacceptable and completely inappropriate. I think Justice Pierce spoke well on the impact on the community.”
George Joseph, who represented Bushby along with attorney Ryan Green, said this has been a very difficult case for all those involved, adding that he has received death threats for representing Bushby.
While the sentence was higher than what he had requested but lower than the maximum sentence recommended by the Crown, Joseph said it was understandable under all the circumstances.
Joseph added that Bushby has never shied away from admitting that he threw the trailer hitch that struck Kentner and the trial came down to a complex medical issue to determine if what he did ultimately led to her death.
“I’m glad Mr. Bushby accepted his responsibly for his actions,” he said. “If there’s anything good that can be drawn from this case, it’s that.”
Now there is hope that the family can heal and the community can learn from the actions of one individual that has impacted so many.
“I feel sorry for him,” Kakagamic said. “At the beginning I was very angry. I feel sorry he has ruined his life. He has taken my cousin, but he has also ruined his life. I feel bad for him and his family.”
“It all depends,” added Connie Kentner. “It could make it worse or it could stop. We all have to work together. It’s not just us. The whole world.”
Bushby has filed an appeal on the manslaughter conviction but will remain in custody.
“If there’s an appeal, it is what it is,” Connie said. “All we can do is try.”
