La Loche Mayor Robert St. Pierre speaking to reporters outside the Meadow Lake courthouse. Photo by Joel Willick.

All evidence has been heard and arguments put forward in the matter of whether the La Loche school shooter should be sentenced as an adult.

Now it is up to a judge to determine if that should or shouldn’t be the case.

On January 22, 2016, the then 17-year-old went on a shooting rampage at a school and home in the northern community of La Loche killing 4 and injuring 7.

Crown and defence lawyers spent the day on Friday in Meadow Lake Provincial Court presenting arguments over whether to sentence as an adult or youth.

One of the main points of contention is the shooter’s cognitive ability and recent diagnosis with Fetal Alcohol Spectrum Disorder.

While the Crown and defence don’t differ on whether the youth had the disorder they do disagree to the degree in which this disorder affected his decisions on that tragic day.

An expert witness in the case previously claimed the offender’s FASD diagnosis impaired his decision-making abilities under pressure.

In the argument put forward by Crown Prosecutor Pouria Tabrizi-Reardigan he says evidence around the incident goes against that idea. He advises against the urge to assume the mental disorder immediately diminishes accountability.

Tabrizi-Reardigan argues the shooter developed a plan, understood the consequences of his actions and had a skewed moral framework in his actions. He points to internet searches, ability to adapt to problems and his decision to shoot some while spare others as proof that his disability did not diminish his moral culpability.

The prosecutor also argued the sentence must consider public interest and safety because he says the shooter has never portrayed genuine remorse for the shootings.

“A youth sentence with an expiry date will not be long enough,” he told the court. “Only an adult sentence can ensure the safety of the public.”

Defence lawyer Aaron Fox argued the circumstances around the incident need to be taken seriously. Fox says young people already have a reduced capacity for moral judgment and that judgment was inhibited further in the shooter by his FASD diagnosis. He says the offender was someone who slipped through the cracks and needed help socially, psychologically and academically.

“Here’s a child who was recognized to need great help and it just wasn’t there,” Fox told the court.

Fox claims the shooters cognitive ability and maturity was nowhere close to where it needed to be at the time for him to properly deal with the issues he was going through. Therefore, he believes an adult sentence is inappropriate.

Justice Janet McIvor is scheduled to make a decision on the matter on February 23rd in La Loche.

She apologized in court for the delay — but given the nature of the matter, she said she wants to take the time to get the decision right.

Speaking outside the courthouse, La Loche Mayor Robert St. Pierre expressed his disappointment in the delay.

St. Pierre also expressed concerns about having the decision handed down in La Loche — concerns over bringing up the trauma the community has experienced.