THUNDER BAY - A judge will determine if there is enough evidence to commit a 17-year-old youth to stand trial on the charge of first-degree murder for her alleged role in the 2020 death of 14-year-old Kayliegh Ivall.
The preliminary hearing opened in a Thunder Bay Courtroom on Monday before Justice Elaine Burton. There is a publication ban on all evidence presented during the preliminary hearing, as well as the identity of the youth in accordance with the Youth Criminal Justice Act.
Crown attorneys, Tiffany Boisvert and Gordon Filmore, are expected to call 17 witnesses to testify throughout the hearing. The youth is represented by local defense attorney, George Joseph.
The youth, who was 14-years-old at the time, was first charged with first-degree murder on May 4, 2020 following an investigation by the Thunder Bay Police Service into Ivall’s death.
Ivall was first reported missing on April 27, 2020 after not being seen since the previous day. Her body was discovered later on April 27 by a passerby in wooded area near Arundel Street and Lyon Boulevard.
Jarrett Sainnawap, 23, was also arrested and charged with first-degree murder and aggravated assault. He has since pleaded guilty to the lesser charge of accessory after the fact to murder in Ivall’s death, and guilty to the aggravated assault charge for a separate attack on a male that occurred three days earlier.
Sainnawap was sentenced to three years but was credited with 30 months of pre-sentence custody, leaving him approximately six months left to serve. The sentence is to be followed by three years probation.
Prior to sentencing, a psychiatric assessment and Gladue report for Sainnawap were submitted by defense counsel Gil Labine to the court, but the reports are sealed for privacy reasons.
It was stated on record that Sainnawap does suffer from mental health conditions and intellectual deficiencies, leaving him susceptible to impulsive behaviours and coercion by others, as well as intergenerational trauma resulting from the Residential School system.
Sainnawap apologized to the court during sentencing, saying he was unable to stop somebody from hurting someone else.
The preliminary hearing for the youth is scheduled for two weeks.
