THUNDER BAY - A man convicted of serious sexual offences has been designated as a dangerous offender and will be subject to 10 years of long-term supervision after serving an additional 440 days in custody.
A sentencing hearing was held for 34-year-old Ricky Lionel Keewasin who was convicted of aggravated sexual assault and sexual interference in August 2016 from an incident that took place in October 2013.
The Crown submitted an application for a dangerous offender designation following the conviction and in a Thunder Bay Courtroom on Thursday, Justice Danial Newton agreed with the Crown’s argument that Keewasin poses a high-risk to reoffend following his release.
“I am satisfied Mr. Keewasin’s pattern of conduct ‘is very likely to continue’ and that his pattern of conduct is ‘substantially or pathologically intractable’ even after treatment,” Justice Newton said, quoting from testimony by a forensic psychiatrist who interviewed Keewasin on two occasions.
A dangerous offender designation under the Criminal Code of Canada is applied to an individual if the court finds he or she demonstrates a pattern of repetitive behaviour and a failure to restrain that behaviour that could lead to death, injury or harm to others. An individual’s behaviour must also demonstrate a substantial degree of indifference to consequences and be aggressive in nature.
During his ruling, Justice Newton cited a pre-sentence report and a Gladue report that indicated Keewasin, originally from Wunnumin Lake First Nation, began abusing substances at an early age and has a history of mental illness.
According to testimony by the forensic psychiatrist, Keewasin has a serious substance abuse disorder and anti-social personality disorder and that these conditions are difficult to treat and may improve over time but are hard to completely eradicate.
Justice Newton said because of his substance abuse disorder and anti-social personality disorder, “Mr. Keewasin is in a ‘high risk category for future violent and/or sexual re-offence.’”
Keewasin was convicted in 2009 of aggravated assault and was sentenced to four years and 28 days in custody.
Justice Newton noted the forensic psychiatrist said Keewasin could “make gains with a great deal of structure, support and supervision but noted that he ‘quite quickly returned to substance abuse’ and ‘a violent re-offence’ when that structure and supervision ended.’”
Crown attorney, Rob Kozak, and defense attorney, Francis Thatcher, presented a joint submission of eight years less time served in custody and a 10-year long-term supervision order, but differed in whether Keewasin should be designated a dangerous offender or a long-term offender.
A long-term offender designation applies to individuals who pose a high risk of committing future sexual offences but do not meet the provisions of a dangerous offender designation. The criteria still includes the high risk of an offender to reoffend causing death, injury, or serious harm.
Thatcher argued tests to predict the likelihood of reoffending have not been validated with Indigenous populations and the conclusions of the forensic psychiatrist should not be accepted.
Justice Newton said it is not disputed that Keewasin has been convicted of a serious personal injury offence and added, “I am satisfied beyond a reasonable doubt on the evidence, that Mr. Keewasin does constitute a threat to life, safety or physical well-being of other persons.”
Keewasin was sentenced to eight years less time served on each count of aggravated sexual assault and sexual interference to be served concurrently. With 2,480 days time served credited at 1.5 days, Keewasin will serve an additional 440 days in custody.
He was also sentenced to 30 days each for two counts of breach of recognizance and failing to comply with bail conditions, which will be served concurrently.
Upon his release, Keewasin will be subject to 10 years long-term supervision. He is also required to submit a DNA sample, comply with the Sex Offender Information Registration Act for life, and has a lifetime weapons ban.
