The Court of Appeals has ruled that a violent criminal from northern Saskatchewan is too big of a threat to public safety to serve only a three-year sentence.
In a decision released on Wednesday, Saskatchewan Court of Appeals Justice Caldwell wrote that public is only safe from Joey John Toutsaint, originally of Black Lake, if he’s incarcerated.
The appeal came up because the Crown was not satisfied with a 2014 judge’s decision to sentence Toutsaint – a dangerous offender – to three years in prison and following that, five years of supervised community living.
Toutsaint is in his late 20s, but has committed a long list of violent and sexual crimes, spending more than half his life in prison. His criminal record tallies at least 74 criminal convictions.
The appeals judge agreed that Toutsaint’s risk to reoffend in violent and sexual ways is too high, and will stay behind bars for an indeterminate time. Toutsaint will only be released if Corrections Canada allows it.
So far, his track record behind bars isn’t pretty, according to the Court of Appeals ruling. It says that Toutsaint acts violently toward fellow inmates, has no community or family supports, and refuses to take programming or speak to Elders. Toutsaint has used profane language to describe Elders, and the court has found he likely has Fetal Alcohol Spectrum Disorder.
He’s been considered for a transfer to a special unit in Quebec that’s reserved for the most unmanageable offenders. The appeals ruling points out Toutsaint has blamed his victims for his sexual and violent crimes. He’s also threatened to kill a correctional officer and chairperson of the segregation review board.
The appeals judge says Toutsaint’s behavior and proposed release plans don’t deal with the threats to public safety that he poses.