Environment Canada meteorologist Jill Maepea says it's unlikely anyone in New Brunswick will see a white Christmas this year.

The New Brunswick government has lost its bid to have a $2 million payout to the fired head of Horizon Health Network quashed.

A Wolastoqew family in New Brunswick has published a digital dictionary that includes voice clips to help new language learners.

Charlotte Bright, who's facing three criminal charges related to 14 horses that died and another five that were found in poor health, made a brief appearance in Fredericton provincial court Wednesday.

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Editor’s note: A previously published version of this story indicated a warrant was issued for the defendant’s arrest Wednesday morning. While the judge made mention of such a warrant, one wasn’t issued at that time. We regret the error.

A judge also issued an arrest warrant for a Currieburg woman accused of neglecting and killing 14 horses when she was more than five hours late for a Wednesday court appearance.

The New Brunswick SPCA charged Charlotte H. Bright, 76, of Currieburg Road, just a few kilometres west of Stanley, this fall with three indictable charges alleging animal neglect and cruelty.

The charges - all stemming from April 8 events in Currieburg - allege she killed, maimed, wounded or otherwise injured horses she owned or cared for; neglected those horses by failing to provide them with adequate food, water, shelter and care; and allowed those horses to experience unnecessary pain or suffering.

She made her initial appearance in Fredericton provincial court on those counts last month, and she was ordered to return to court Wednesday to elect mode of trial and enter pleas.

But when Judge Mary Jane Richards called the case Wednesday morning, Bright wasn’t present, and no one appeared on her behalf.

During her previous court appearance Nov. 8, the defendant said she was working with a defence lawyer in Ontario.

Richards said she’d likely have to order a warrant for Bright’s arrest, but she set the case over to Wednesday afternoon, noting there had been some contact with a law firm in Toronto.

When the case was called again after the lunch break, Toronto lawyer Eric Gillespie appeared in court by telephone, but Bright still wasn’t on hand.

Gillespie said he’d had contact with her a short time before, noting he advised her she had to attend court.

“She’s on her way,” he said.

The Toronto lawyer said Bright had contacted his office recently, informing him that she was scheduled to stand trial Wednesday and wanted him to represent him.

“Today was not for trial, as your office believes,” Richards told him.

Gillespie said he’s not Bright’s counsel of record. 

“We had advised her that we wouldn’t be able to attend,” he said.

The lawyer recently contracted COVID-19 and is on doctor’s orders not to work, he said, and he hasn’t arranged to get a temporary bar call to allow him to practise in New Brunswick.

“That hasn’t taken place, and I am physically incapacitated,” Gillespie said.

His firm has represented people in Ontario on similar charges in the past, he said, and he noted Bright is a former resident of Ontario.

Gillespie requested an adjournment to give him time to recover and to arrange approval to practise in New Brunswick, apparently anticipating he would be retained.

The judge set the case over to Feb. 2, but she noted that since the charges are indictable, a document known as a designation of counsel would have to be filed with the court to allow a defence lawyer to appear on Bright’s behalf in her absence.

As no such designation had been filed with the court as yet, Richards said she was issuing a warrant for Bright’s arrest. However, she noted she’d hold that warrant in the court file until the end of business Wednesday to give Bright a chance to appear, as Gillespie suggested she would.

However, if Bright didn’t show up, the judge said, the court would release the warrant and the defendant would be arrestable.

But shortly after 3 p.m., Bright ambled into the courtroom with the assistance of a cane.

The defendant noted she’d been in contact with her lawyer.

“He’s not your counsel as of yet,” Richards told her.

The judge informed Bright of the Feb. 2 adjourn date and directed her to be in court that morning.

“You must attend all court appearances unless the court tells you otherwise,” Richards said.

She vacated the warrant on the file.

Crown prosecutor Jennifer Bueno moved to amend the charges against Bright to expand the timing of when the alleged offences occurred.

She said her office was alleging the events occurred between Feb. 1 and April 8, and the judge amended the charges as requested.

In a news release in October, the NB SPCA reported that the charges arose after 14 dead horses were found dead in the Stanley area in the spring. 

Bright previously ran afoul of animal-protection officials over her ownership of horses in Ontario in 2018.

Her neighbours complained that horses from her farm in Blessington, Ont., ran wild and caused damage to their properties, the Belleville Intelligencer reported a few years ago.

Bright told Ontario news outlets she bred Arabian horses, and had done so for decades.

The Ontario Provincial Police charged her with mischief, the Intelligencer reported, but those counts were withdrawn in January 2019. Bright instead agreed to enter into a peace bond.

Don MacPherson can be contacted at [email protected].

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A Fredericton lawyer who was disbarred in 2017 for stealing almost $500,000 in client funds entrusted to him has been sentenced to three years in prison for the theft.

Yassin Choukri, 56, of Moncton but formerly of Fredericton, pleaded guilty earlier this year in the Court of King’s Bench in Moncton to an indictable count of theft.

A sentencing hearing was held earlier this month, during which Crown and defence counsel offered a joint recommendation on sentence: three years in prison.

The parties were back before Justice Robert Dysart at the Moncton Law Courts on Tuesday for his decision on sentence, and he accepted the joint recommendation, finding it was within the establishment range for such offences and appropriate given the circumstances.

Dysart noted that Choukri was a lawyer in private practice until he moved to the public sector as part of the Progressive Conservative government of then-premier Bernard Lord in the early 2000s.

Choukri became deputy justice minister and deputy attorney general, but with a subsequent change in government, he returned to private practice, this time in Fredericton.

However, in the fall of 2016, it was discovered Choukri had abandoned his practice and that client funds held in his trust account were gone.

Amounts deposited in the account between 2014 and 2016 belonging to eight different clients and totalling $481,148 were taken, Dysart said.

The Fredericton Police Force would later charge the offender with eight counts of fraud. The case was headed to trial when Choukri struck a deal with the prosecution to plead guilty to a single count of theft instead.

When two cheques to clients bounced in September 2016, the judge said, Choukri knew he was about to be found out, and he left Fredericton. He was later found in Mississauga, Ont.

Court heard the root cause of Choukri’s criminal acts was a gambling addiction, and money taken from the trust account was mainly used to repay advances he’d received from Casino New Brunswick in Moncton.

“In Ontario, Mr. Choukri enrolled in a program for gambling addicts,” Dysart said. “He finally got his gambling addiction under control.”

Choukri also acknowledged when he was gambling, he was abusing alcohol as well, but he now reports it’s no longer an issue.

The judge noted the offender has no prior criminal history, and he hasn’t worked since he left New Brunswick for Ontario, though he’s receiving a pension. Dysart said Choukri doesn’t have the means to repay the money he stole.

His former clients were compensated for their losses by a program through the Law Society of New Brunswick, court heard, and those payments depleted the organization’s compensation fund.

“As you have acknowledged, your criminal acts have had considerable consequences,” Dysart said in addressing Choukri directly.

“Your conduct was dishonest, it constituted a violation of her professional obligations with regard to your clients and it affected the reputation of your colleagues in the profession of lawyers.”

Choukri, who’d been free on conditions until Tuesday’s sentencing decision, was taken into custody by deputy sheriffs once the judge pronounced the three-year sentence.

Don MacPherson can be contacted at [email protected].

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Department celebrates Christmas with meal and special presentations at community hall

The Canterbury Fire Department members celebrated Christmas on Sunday, Dec. 17, including accepting an important life-saving gift courtesy of the re-energized Ladies Auxiliary.

Firefighters, auxiliary members, and special guests gathered at the community hall for a meal, socializing, and a series of presentations.

Auxiliary members officially presented Canterbury Fire Chief Mike Furrow with a portable AED (Automatic External Defibrillator) purchased with funds from Ladies Auxiliary fundraisers.

Auxiliary Vice President Nicole Yerxa explained that firefighters can carry the specifically designed AED when responding to calls. Like those commonly placed in public buildings, the device would allow firefighters to react immediately to heart failures without waiting for paramedics.

Auxiliary president Heather Neilson-Furrow said a dedicated group of women rekindled the organization after the COVID pandemic left it sidelined for a few years.

The auxiliary elected a new executive, which included Neilson-Furrow, Nicole Yerxa, Wendy Gauvin as secretary and Shirley Yerxa as treasurer.

Neison-Furrow said the growing auxiliary currently features 12 members who help plan and host various fundraising activities such as dinners and raffle draws. She said the organization’s events draw strong support from the community.

Nicole Yerxa explained the organization’s next significant event will be a Valentine’s Tea on Feb. 10.

She said the Canterbury Fire Department Lad\ies Auxiliary raised more than $5,000 over the past six months.

Another community organization attended the department’s Christmas event to deliver financial support. Sandra Olmstead presented a $100 cheque to Chief Furrow on behalf of the Canterbury Country Club seniors group.

The event also allowed the fire department to recognize firefighters for their years of service, including former Chief Clifton Furrow for his almost a quarter century as chief. He served in the top post from 1998 to 2022.

Chief Mike Furrow also presented Charles Yerxa with a plaque recognizing his more than 15 years of service.

The post Canterbury Fire Department Ladies Auxiliary presents firefighters with AED first appeared on River Valley Sun.

Regional Headquarters for Cadets investigating why man wasn’t immediately removed from duties

By Jim Dumville, Local Journalism Initiative Reporter, and Theresa Blackburn

A 19-year-old Woodstock man charged with child luring to create child pornography was still working with cadets nearly two weeks after his first court appearance.

Jason Kuhndel is a civilian volunteer with #318 Woodstock Royal Canadian Army Cadet Corp. On Nov. 7, Fredericton Police charged him with making sexually explicit material available to a minor to create child pornography and luring a minor online to commit a child pornography offence. The two offences allegedly occurred in Fredericton between Jan. 1 and March 30 of this year. A publication ban protects the victim’s identity.

On Dec. 6, Kuhndel’s lawyer, Patrick Hurley, appeared in Fredericton Provincial Court on his behalf and asked the judge for an adjournment while he waited for disclosure documents from the Crown.

When reached by the River Valley Sun on Dec. 18, the Commanding Officer for the #318 Cadet Corp, Alicea Richards, directed all questions to the Regional Cadet Support Unit, a Canadian Forces division responsible for the cadet program in Atlantic Canada.

Jordan Elliot is the unit’s Public Affairs Officer.

“He (Kuhndel) was removed from his duties as soon as we were notified,” she said from Halifax.

When asked when her office was notified, Elliot said Richards notified them of the situation on Dec. 18, after the River Valley Sun made inquiries.

“The timing of this is extremely concerning, and we are tracking that separately,” added Elliot, noting her unit is now investigating the delay.

Major Victor Belleville is the Officer Commanding, responsible for New Brunswick and Prince Edward Island cadets.

“The protection, safety and welfare of cadets are always our first priority,” he explained from his office at Base Gagetown.

Maj. Belleville noted that all adults in direct contact with cadets, including civilian volunteers, must follow a code of conduct and undergo various screening levels, including police record checks and vulnerable sector screening, before employment. Volunteers also need to renew those checks every five years.

“It is the individual’s responsibility to notify their Chain of Command of any criminal charges laid against them. The delay in the unit staff and the headquarters being notified is concerning. We will be reviewing our reporting procedures and timelines with our cadet corps and squadron staff and volunteers to limit the potential of delays of this nature happening again in the future.”

Kuhndel is scheduled to return to Fredericton Provincial Court to enter a plea on Dec. 27.

The post Woodstock Army Cadet civilian volunteer charged with child luring first appeared on River Valley Sun.

After a storm rocked New Brunswick with high winds and heavy rains on Monday and overnight into Tuesday, nearly 50,000 N.B. Power customers still in the dark Wednesday morning.

New Brunswick’s Progressive Conservative Party has its first candidate for next year’s provincial election — a social conservative whose ascent has provoked divisions in the party but who has earned the praise of Premier Blaine Higgs.

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Warning: This story includes disturbing and graphic descriptions of sexual abuse of a young child. This is one of the most disturbing cases this journalist has observed in more than two decades of court reporting. Be advised the details are upsetting.

A Lincoln man used his young son as a sexual plaything over the course of four years, subjecting the child to oral and anal abuse, a court heard Tuesday.

The 28-year-old offender appeared in Fredericton provincial court by video conference from jail Tuesday afternoon for a sentencing hearing.

He’d previously pleaded guilty to four sex-related crimes involving his own son: touching the boy for a sexual purpose, inviting the child to touch him sexually, making child pornography and possessing child porn, all between July 26, 2019, and Aug. 13, 2023.

The identity of the victim is protected by a court-ordered publication ban, and given the offender’s paternal relationship to the boy, the Fredericton Independent isn’t naming him so as to comply with the order.

The offender has been in custody since his arrest.

The abuse began when the boy was only two years old, court heard, and it continued until he was six - two-thirds of the child’s life thus far.

The proceedings got underway Tuesday with Judge Cameron Gunn reading an agreed statement of facts aloud, and the offender then acknowledged that statement summed up the crimes he perpetrated against his own child.

With each passing paragraph, the facts of the case grew more depraved, shocking and unsettling.

Attracted to children for years 

“[The offender] has had sexual attraction to children since the age of eight years old,” the agreed statement reads. 

“[His wife] was aware of these pedophilic feelings and had discussed with the accused where he had issues with them related to their son. The accused denied having any such urges towards the victim.”

But as the court heard, that wasn’t true.

The abuse came to light when the six-year-old boy told his mother about a “pee in the mouth game” he played with his father, in which he’d urinate in the man’s mouth.

When the victim’s mother confronted the accused, he admitted he had “done everything” to their son.

“I am attracted to younger children, preferably girls but [my son] was convenient. These feelings kind of followed me my whole life,” the accused said in the facts.

“I never acted on my feelings until [my son]. Every time I did something to him, I would say, ‘last time, last time.’ It never was, I lost control of myself.”

He reported to police the earliest he remembers abusing his son was when the boy was two or three years old. 

It started, the offender said, when he was bathing the boy, he’d get the child to urinate in his mouth.

From there, he reported, things escalated. He’d coax the toddler to lick his penis by using peanut butter or jam, and sometimes the father would ejaculate as a result of the oral contact.

The abuse continued and worsened, court heard, as the father would take the son’s penis into his mouth, and there was some anal penetration as well.

The offender told police that he kept a container of coconut oil in the basement of their home, “just in case,” and he acknowledged that showed there was some premeditation to what he was doing to his son. 

As the boy got older, the offender reported in the statement, he would bribe him with sweets or movies.

He said the incidents occurred between 50 to 100 times since he started abusing his son.

The offender also revealed he took photos of his son’s bum, which were the basis for the child-pornography crimes, and prosecutor Karen Lee showed a representative sample of the images to the judge Tuesday.

“Some images show an adult hand spreading the buttocks to better expose the anal area, and others show the child himself spreading his buttocks,” the agreed statement said.

After confessing his abuse to his wife, the offender told her the family would be better off financially if he were dead, since she would get his work pension and life insurance, court heard.

“He then left the home and cut his wrists,” the agreed statement said.

The child’s mother called police, who located the offender and had him seen by medical personnel.

He later provided a complete and detailed confession to police as well.

Long stint in prison

Lee said the court, in crafting a fit sentence for the egregious crimes, had to balance the mitigating and aggravating factors in the case.

She acknowledged there were important elements in the offender’s favour, notably his guilty pleas, which averted what would have been a difficult trial for the victim and his family.

“This is important given the age of the child,” the prosecutor said.

Lee also noted the accused is a first-time offender who co-operated with police and has shown sincere remorse.

But those mitigating factors are eclipsed by the many aggravating ones in the case, she argued.

The incredibly young age of the victim and the abuse of a position of trust over the boy are particularly concerning, the prosecutor said, noting that the child’s future understanding of how a proper loving, trusting relationship is supposed to work is likely tainted forever.

There’s no way to know for certain what the future effects of these crimes will have on the boy and his mother, Lee said, but that the trauma will be lifelong is undeniable.

“I would note that the offences only stopped when [the boy] said something,” she said, noting the offender didn’t seek help for his issues.

“As the accused has said, he did everything to this child.”

She said his crimes call for a prison term of 14 years.

The prosecutor also asked the court to impose mandatory orders for a DNA sample and sex-offender registration for 20 years, as well as an order barring him from contact with children after he’s served his sentence.

Lee also asked for a 10-year firearms prohibition, an order barring the offender from communicating with his son and wife during the term of his sentence, and forfeiture of a laptop computer, cellphone and the container of coconut oil. 

“The abuse is certainly serious, and [the offender] deserves a lengthy sentence,” said defence lawyer Edward Derrah.

But he countered that a 10-year prison term would send the appropriate message of denunciation and deterrence.

He emphasized his client wanted to plead guilty at his first court appearance.

“He didn’t even want to apply for legal aid,” the defence lawyer said.

Derrah said it could have proven to be a difficult case for all concerned had the offender said nothing, but he owned up to his crimes, took responsibility for them and has shown genuine remorse.

He described his client’s pedophilia as an addiction.

“Hopefully, there are treatments that will help him address that issue,” the defence lawyer said.

‘I was supposed to be his role model’

The offender addressed the court, noting there was no way to atone for what he did or to explain it.

“I know there was no defence in my case. I know there was no justifying what I’d done,” he said, acknowledging he’d rationalized his actions while he was harming his son.

“There’s no apology that can ever fix what I’ve done … I’ve essentially blown up my former family’s life.”

He said he hopes admitting to his crimes and taking responsibility for them will help his wife and son pick up the pieces. The offender said he’ll never contact them, either when he’s serving his sentence or after it’s done.

“I was supposed to be [my son’s] role model.” he said. “Instead, I selfishly chose to use and abuse him.” 

Gunn reserved his decision on sentence to Friday.

Don MacPherson can be contacted at [email protected].

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In Miramichi between 75 and 100 people are living on the streets. While they sleep in tents and in bus shelters, community volunteers are stepping up to help with food and warm clothing.

Moncton is asking residents, in partnership with the library, to take a survey that asks a number of broad questions, including whether more branches are needed. 

Windstorm knocks out electricity to more than 108,000 customers

Power crews scrambled into action Tuesday morning, Dec. 19, to restore power to 10s of thousands of N.B. Power customers following a severe windstorm toppled trees and power lines across the province Monday evening into Tuesday morning.

At a news conference Tuesday morning, NB Power Vice President of Operations Nicole Poirier said high winds left more than 100,000 New Brunswickers without power at the height of the storm.

At one point, the utility’s power outage website showed over 108,000 people without electricity.

Poirier said NB Power and support crews would work as quickly as possible to tackle the problems but acknowledged that correcting the extensive damage would take considerable time.

“We have 700 people out supporting (power) restoration,” she said.

Poirier said that as of Tuesday morning, teams were still assessing the damage and determining needed repairs. She wouldn’t even speculate if all power would be restored by Christmas.

“It’s too early to say if power will be restored to everyone by Christmas,” she said. “It takes time to assess the damage, and it’s too early to give you a timeline.”

Public Safety Minister Kris Austin said the prolonged wind and rain storm, which hit most of Atlantic Canada, left a lasting impact.

“This will not be a one-day event,” he said.

New Brunswick’s Charlotte County took the biggest hit, with York and Carleton Counties sustaining widespread power outages.

.” There’s been significant damage in Charlotte County,” Austin said.

Poirier explained NB Power establishes a priority list as crews work to restore power to everyone.

She noted that repairs to critical infrastructure, like the Charlotte County Hospital in St. Stephen, where crews were working on restoring power, are considered a priority. Then, she said, they would work on larger, densely populated areas and rural connections.

Kyle Leavitt, Director of Emergency Management at EMO, said the danger remains well after the storm moves on.

“The threat from this storm is not over,” he said.

As of Tuesday morning, Leavitt said EMO is unaware of any storm-related injuries but stressed the importance of caution during the widespread outages.

He explained that people should remain at least 10 metres from potentially live wires when coming across downed power lines.

He also encouraged everyone to practice generator safety, keeping generators a safe distance from windows and doors and not using one inside.

“No one wants to start the holidays like this,” said Leavitt, adding that he knows New Brunswickers will tap into the “giving nature” they are known for and ensure everyone gets through this.

Austin said several crews take on essential roles in climate emergencies and urges the public to understand repairs take time.

“NB Power crews, volunteer fire departments and municipalities are working hard. Please be patient,” the minister said.

Austin said, with widespread reports of downed trees, “Transportation and Infrastructure crews are working hard to clear roads.”

He added that EMO established warming centres in several communities to assist residents without power.

Woodstock Fire Chief Harold McLellan said the wind storm kept his crews on the move late Monday into Tuesday early morning.

He said Woodstock firefighters responded to 20 calls, primarily trees on power lines and toppled hydro polls and downed wires.

McLellan also noted the precautions needed to approach collapsed power lines. He said crews should always assume the wires are live unless confirmed otherwise.

McLellan said other fire departments from the Fredericton area throughout the Upper River Valley dealt with call volumes similar to Woodstock’s.

He said one of Woodstock’s calls involved six broken poles and downed power lines along Route 555 in the Bedell area of Woodstock.

McLellan said a representative from NB Power arrived on the scene 10 minutes after his crew to assess the damage. NB Power crews were on the scene Tuesday morning to make repairs.

NB Power and other line crews were visible throughout the Woodstock area Tuesday morning to begin assessing and repairing multiple areas of concern.

NB Power employee Luc Bujold and several crew members survey the scene along Sigahaw Cove Road in Bull’s Creek. He explained they faced several trees and branches on power lines far into wooded areas.

Bujold said one of NB Power’s most significant challenges is finding enough tree-cutting teams to deal with the widespread damage.

McLellan said the only positive aspect of the severe storm, which delivered wind gusts over 100 km/hr, was the mild temperatures.

“Luckily, it’s not cold,” he said.

Leavitt urged the public to report any damage from this or any storm by calling 1-800-663-6272 for downed lines, 1-833-384-4111 for road damage or email [email protected]

He said people can find storm information at gnb.ca/storm.

Leavitt added anyone leaving home during or after storms can check road conditions by checking  511.

The post NB Power scrambling to restore power across New Brunswick first appeared on River Valley Sun.

A former New Brunswick deputy attorney general was led out of a Moncton courtroom on Tuesday afternoon by sheriffs, headed to prison for three years after gambling away clients' money when he was in private practice.

A man convicted of killing Clark Greene in Fredericton in 2020 has been charged with lying when he testified at the trial of his ex-girlfriend, who was also convicted of second-degree murder in the case.

New Brunswick reported two more deaths from COVID-19, a week-over-week jump in hospitalizations and nursing home outbreaks because of the virus, and an increase in flu cases and hospitalizations Tuesday.

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Warning: This story contains graphic descriptions of a violent crime.

The spouse of a woman who admitted to stabbing a man in the face and chest 19 times in April 2020 is facing a charge of perjury, stemming from his altered testimony at her murder trial in January.

Zachery David Murphy, 23, formerly of Fredericton, appeared in Fredericton provincial court by video from a federal prison in Ontario on Tuesday.

He’s serving a life sentence for second-degree murder. He’ll only be eligible to apply for parole after serving 11 years.

Murphy was making his first court appearance Tuesday on a new charge: that he committed perjury Jan. 11 by testifying falsely and solemnly affirming that he stabbed Clark Ernest Hunter Greene.

Murphy and his spouse - Angela April Walsh, 25, AKA Ali Morningstar - were both charged with first-degree murder in Greene’s death.

The 31-year-old’s body was found at the gazebo in Wilmot Park in Fredericton the morning of April 15, 2020. He’d been stabbed 19 times - 12 in the chest, and seven in the face. His eyes were gouged out.

Murphy eventually pleaded guilty to the lesser charge of second-degree murder, and he co-operated with the Crown in its case against Walsh.

He testified at her preliminary inquiry, stating that she had been the driving force behind the crime and noting that she had stabbed Greene repeatedly after Murphy had brained him with a metal pipe to incapacitate him.

But at Walsh’s first-degree murder trial in January, Murphy changed his story, testifying he was the one who stabbed Greene and that Walsh had nothing to do with the murder.

That brought the trial to a halt, and after Crown prosecutor Darlene Blunston conferred with defence lawyer T.J. Burke, Walsh pleaded guilty to second-degree murder.

As part of that process, she admitted to an agreed statement of facts indicating she was the one who stabbed Greene over and over again.

Walsh acknowledged she’d hatched a plan to lure Greene to the gazebo to rob him.

She was sentenced to life in prison - the only sentence available for murder - with parole eligibility set at 13 years.

When Judge Cameron Gunn read the perjury charge to him Tuesday morning, the prisoner said he needed time to consult with legal counsel.

“I haven’t talked to any lawyer,” Murphy said, noting he’d need at least a couple of months to do so.

Gunn adjourned the case to Jan. 30 to give him time to retain and consult defence counsel.

The judge said if he planned to get legal aid, he should make an application right away.

Despite her admissions and guilty plea, Walsh has since applied to appeal her conviction for second-degree murder, arguing she should have been convicted of manslaughter instead.

Possible appeal pending

She’s self-represented in her quest for an appeal, and she’s argued she should get a shorter sentence for manslaughter as well.

However, Walsh missed the 30-day deadline to file her notice of appeal, so New Brunswick Court of Appeal Justice Raymond French is currently considering her application for an extension of time.

At a hearing held earlier this month, French noted the hurdle Walsh must clear is to show that her intended appeal has merit.

The provincial attorney general’s office argued during that hearing that Walsh’s admissions and guilty plea make that an impossible legal obstacle to overcome.

In her notice of appeal and at the hearing, but contrary to her signed agreed statement of facts, Walsh said she was a party to the crime because she’d robbed Greene, but it was Murphy who actually committed the murder, as he testified at her trial.

Don MacPherson can be contacted at [email protected].

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A judge fined a Fredericton man Monday after hearing he was speeding with more than double the legal limit of booze in his system, but he also ordered him to undergo counselling for alcohol issues. 

Jeffrey Matthew Ballard, 55, of Emmerson Court, appeared in Fredericton provincial court Monday, accompanied by defence counsel Spencer MacInnis, to answer to impaired-driving allegations.

He pleaded guilty to having a blood-alcohol level in excess of the legal limit within two hours of driving.

Crown prosecutor Christopher Lavigne said on Sept. 17, a Fredericton Police Force officer was on patrol along the Vanier Highway when he noticed a vehicle approaching at a high rate of speed.

The officer clocked the 2019 Ford Mustang travelling at 165 kilometres per hour in a 110 km/hour zone, he said, so he pulled it over, discovering Ballard as the sole occupant of the car.

Ballard struggled to produce the relevant documents when asked, court heard, and he told the officer he’d had a drink three hours prior.

Lavigne said there was a four-pack of alcoholic beverages on the floor of the car, and the officer noticed one was missing, so he administered a roadside screening for alcohol, which the defendant failed.

A subsequent breathalyzer test at the city police station revealed his blood-alcohol level to be 200 milligrams of alcohol per 100 millilitres of blood, the prosecutor said. 

The legal limit is 80 mg.

Lavigne, noting that Ballard had no prior criminal record, said the minimum fine in light of the elevated reading would be $2,000, and he sought that as a penalty, as well as the required  minimum driving prohibition of a year.

But the prosecutor also suggested a year of probation, arguing that the offender’s minimal signs of impairment but significantly high blood-alcohol content suggested there might be an alcohol issue at play with which he could use some help.

“He’s been attending AA monthly,” MacInnis said, noting her client has already taken steps to get that help.

He also finds regular church attendance to be helpful, she said, arguing a probation order probably wasn’t necessary given Ballard’s active work on his alcohol issue.

The defence lawyer said probation might also interfere with greater priorities in her client’s life, noting Ballard recently got diagnoses of prostate cancer and diabetes for which he’s getting treatment.

“Mr. Ballard does work full-time,” MacInnis said.

She also said her client was ticketed for speeding, and he paid the fine already.

Judge Scott Brittain imposed the $2,000 and an additional $600 victim-fine surcharge, as  well as a one-year driving ban.

In light of the breathalyzer result - “2½ times the legal limit” - the judge agreed a term of probation would be beneficial to Ballard.

He imposed a one-year term, during which the offender is to attend any counselling sessions or course of treatment for his alcohol issue as directed by his probation officer.

Don MacPherson can be contacted at [email protected].

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High winds and pounding rain Monday night plunged tens of thousands of New Brunswickers into the dark, persisting into Tuesday, and the capital region was the hardest hit by outages.

As of 8:30 a.m. Tuesday, the utility reports more than 107,000 customers in the province were without power, and the biggest chunk of them - 39,000 - are in the Central York Sunbury region - namely, Fredericton and surrounding communities.

None of the outages - which began Monday night - have estimated timelines for restoration posted on the NB Power website as yet.

Monday’s storm caused extensive damage, with the Fredericton Police Force reporting Tuesday morning that downed power lines closed key travel routes on the city’s north side.

It advised that a line was down at 562 Riverside Dr., closing all traffic.

“Royal Road is closed at Mcleod Hill Rd. at Civic #1317 on Route 620,” the force said in a news release. “Sunset Drive is closed at Hartt Street.”

The RCMP reported that debris is blocking roads, forcing closures. That’s the case, it said on Route 105 near Gilmore Drive in Keswick Ridge, and on Route 3 just north of Brockway, the Mounties posted on social media.

Most schools throughout Anglophone School District West are closed due to power outages as well. Only 19 schools in the district still had power Tuesday morning, and those were open for classes.

The list can be found here.

There are also reports of dramatic storm damage in Fredericton.

Marshall D’Avray Hall on the University of New Brunswick campus saw its roof torn off in the storm, and uprooted and felled trees can be found around the city.

The Fredericton International Airport reported at 8:55 a.m. that power is out at the facility, but it’s not closed.

“Backup generators are running, and flights continue to operate,” the airport wrote on X. “However, please check your flight status before you leave home, and ensure you arrive early to leave extra time for check-in.”

Don MacPherson can be contacted at [email protected].

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Over 100,000 New Brunswickers woke up with no power on Tuesday morning after a rain and wind storm tore through the province.

An air quality study suggests there's no health risk from foul smells that have prompted years of complaints in Moncton's north end, but a debate about how to address the smell is set to ramp up in the new year.

A disciplinary proceeding against a New Brunswick provincial court judge has come to an end because the judge in question resigned.

Merritt Award nominated actor, playwright and dramaturg Lara Lewis brings her performance piece I See You to Fredericton audiences in early 2024. I See You is the debut solo performance…

The post Lara Lewis performs at the Charlotte Street Arts Centre, January 6 appeared first on Grid City Magazine.

Hello Crows, Garrett Mason, Elm City String Quartet and more announced for St. Andrews’ annual winter music festival.  St. Andrews’ annual winter music festival is coming up next month. Running…

The post Winter Warmer Festival runs January 26-28 appeared first on Grid City Magazine.

Fourteen peacekeepers graduated from a new training program and are now serving seven Mi'kmaw communities across New Brunswick, aiming to provide an alternative to enforcement-based policing.

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A Fredericton man scheduled to enter pleas Monday on allegations of violating a sex-offender registration order and failing to attend court was a no-show.

Anthony Stephen Beaumont, 40, of Albert Street, faces a charge of violating a 2007 court order under the Sex Offender Information Registration Act by failing to report where he was living to the registration centre between June 2 and July 2, 2022.

He’s also accused of failing to attend court Jan. 24.

Beaumont was supposed to be in Fredericton provincial court Monday to plead to both counts, but when Judge Scott Brittain called his name in plea court, he wasn’t present, and no one was on hand to represent him either.

Crown prosecutor Christopher Lavigne asked the court for a warrant for the defendant’s arrest, and the judge issued it as requested.

Don MacPherson can be contacted at [email protected].

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A third suspect has been added to a joint drug charge arising from a significant meth bust at the Fredericton International Airport last month.

Matthew William Harris, 46, of Main Street in Meductic, and Robert “Rob” Louis Michaud, 52, of no fixed address but formerly of Grand Falls, were arrested at the airport in Lincoln on Nov. 23 and charged Nov. 24 with possession of methamphetamine for the purpose of trafficking and personal possession of cocaine.

The Woodstock Police Force issued a news release last month reporting that the arrests and charges were the result of a police investigation that began in April and involved other law-enforcement agencies.

The probe focused on the drug trade in the Town of Woodstock and surrounding communities, it said.

The police news release said as a result of the arrests and a search, officers seized 8.8 pounds of suspect crystal meth, as well as a sum of cash.

Though Harris and Michaud were initially detained in custody pending bail hearings, a federal Crown prosecutor withdrew objections to their release, and they were freed, subject to conditions.

Among those conditions was to appear in Fredericton provincial court as required.

They were back in court Monday, scheduled to elect mode of trial and enter pleas.

However, prosecutor Derek Weaver noted a replacement information, revising the charges to add another defendant to the trafficking allegation: Adrienne Susan Dickison, 32, of Route 122 in Dow Settlement, near Meductic.

The Woodstock police release noted that when Harris and Michaud were arrested, officers also arrested a woman, though she hadn’t been charged initially.

Duty counsel Michael Mallory told court Monday that Harris had retained defence lawyer Alex Pate, who was seeking an adjournment to obtain and review disclosure.

Furthermore, Mallory said, Michaud was in the process of applying for legal aid. Dickinson said she’s seeking private counsel as well.

Judge Scott Brittain set the matter over to Jan. 15.

Don MacPherson can be contacted at [email protected].

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A Fredericton man accused of having a shotgun with a serial number that had been altered or defaced will stand trial on four related charges late next year.

Benjamin Robert Hayden, 30, of Canada Street, faces indictable charges of possession of a Cooey 12-gauge shotgun knowing its serial number had been defaced, possession of a prohibited weapon (the same shotgun) without a licence, possession of it as a non-restricted firearm without a licence, and careless storage of that firearm, all alleged to have occurred July 4 in Fredericton.

He was back in Fredericton provincial court to elect mode of trial and enter pleas.

Defence lawyer Spencer MacInnis said her client was electing trial by provincial court judge and pleading not guilty to all four counts.

Judge Scott Brittain scheduled Hayden’s trial for Nov. 12.

Don MacPherson can be contacted at [email protected].

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Just a week after New Brunswick was faced with strong winds and heavy rains that brought localized flooding, toppled trees and tens of thousands of power outages, another storm is rolling in.

A year after New Brunswick residents set a dubious Canadian record for COVID-19 fatalities, provincial health officials remain reluctant to speak about what went wrong in the province or even acknowledge that things did go wrong.

Environmental harm is probably the last thing on a patient's mind when being put to sleep before surgery. But for the anesthesiologist doing the putting to sleep, it can be near top of mind.

Todd Messer has seen it before. A parent or fan sees something happen on the basketball court that they disagree with, and they direct their anger toward the officials. Sometimes, it gets out of hand.

Town opts out of agreement surrounding construction of six-story complex on old Woodstock Baptist Church property

Woodstock council has pulled the plug on a development firm’s efforts to build a massive residential and commercial structure along Main Street in downtown Woodstock.

In a media release issued Friday afternoon, Dec 15, the town said the council unanimously passed a motion on Tuesday, Dec 12, following an in-camera meeting, to end negotiations with the developers.

“The Woodstock Town Council opts to end negotiations on a development agreement with Arc Development Group (ARC) for a proposed 6-storey mixed-use apartment and commercial space unit on 690 Main Street, the former Woodstock Baptist Church site.” the town stated on Friday’s press release.

Mayor Trina Jones said the decision followed an update on the status of the developer’s agreement from CAO Allan Walker during the committee-of-the-whole meeting on Tuesday.

Jones noted the agreement expired on Nov. 30.

Negotiations between Woodstock and ARC Development began a year earlier, following approval of the project and the required variances by the Planning Advisory Committee and council.

The mayor said staff and council didn’t accept some revisions to the agreement proposed by the builders. The release didn’t specify what revisions the council deemed unacceptable.

“Though proposed revisions to the agreement had been provided by ARC on Dec. 11, the council was not in agreement with some of the amendments ARC was requesting, and we felt it in the best interest of the community to not extend negotiations further,” said Jones. “Though we appreciate the opportunity and efforts ARC has put forward, we were not willing to bend on most of the amendments they requested, and therefore, we didn’t see much purpose in continuing negotiations.”

The town and the developers began negotiations in November of 2022 after they reached a purchase and sale agreement, which was conditional on finalizing the developer’s agreement.

The town owns the former Woodstock Baptist Church property, which sits vacant across Main Street from the courthouse. It acquired the property through a land swap to allow the construction of a new modern church on the former Carleton Memorial Hospital property.

Jones explained the council agreed to sell the Main Street property for one dollar upon completion of the developer’s agreement. Without a finalized agreement, the town remains the property owner.

The ARC Development Group had to clear several hurdles to gain approval for the ambitious project. These included variances allowing it to surpass height restrictions from 18 to 23 metres and a reduction in required parking spaces.

At a public meeting on Sept. 20, 2022, PAC approved the variance requests from ARC, represented at the meeting by Jordan Perry and Josh McEvoy.

The 2022 PAC meeting also saw several presentations, primarily from neighbouring property owners, opposing the size and scope of the development. An appeal of PAC’s variance approval, which was later denied, further delayed the completion of the draft development agreement, causing the town to extend negotiations.

Woodstock council approved PAC’s recommendations at a council meeting on Sept. 27, 2022, but then-Deputy Mayor Amy Anderson emphasized the importance of the developer’s agreement.

Anderson, who did not seek re-election in November 2022, said the council must maintain strict oversight of the project and be “more proactive” and “very detailed” while pursuing a final development agreement.

Jones said the current council discussed options during the Dec. 12 committee-of-whole meeting before unanimously agreeing to return to open session and table a motion to end the negotiation.

The mayor said the council wants to begin its search for other development options for the property immediately.

“Council and staff will be meeting in January to finalize a new Request For Proposal that will be released as soon as possible in the new year,” she said.

Jones noted the Requests for Proposals in the spring of 2022 yielded only two responses, including ARC Development’s, adding that she hopes the changing circumstances, including widespread housing demands, attract a greater response this time, especially among local developers.

The second response in 2022 came from Woodstock businessman Shaun Albright, owner of Crossing Paths Guest House, sitting next door to the former church property.

Albright’s proposal suggested the town subdivide the property, of which he would use a portion to build a six-to-eight-unit apartment building, create green space and expand parking for Crossing Paths.

Jones said the new Requests for Proposals would include information about any available incentive programs upfront, with a goal to see the chosen project begin as early as 2024.

“Given the situation everywhere with lack of housing, housing will certainly be an important aspect of this development project,” she said.

The post Woodstock council pulls plug on major downtown development first appeared on River Valley Sun.

As the CEBA repayment deadline looms near, New Brunswick business owners worry they won’t be able to pay off their debts in time.

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Most of New Brunswick - including the capital region - is subject to a weather alert, as the federal weather service warns heavy rain and powerful winds will pummel the province for a couple of days.

Environment and Climate Change Canada issued a special weather statement over the weekend, advising rain and strong winds are expected in the province beginning Sunday night.

It called for rain and strong winds in western, central, and southern New Brunswick.

“A large area of rain will spread across the province Sunday night and Monday morning,” the statement said, noting it will continue into Tuesday. 

“Rainfall rates will likely peak Monday evening.”

The weather service predicts rainfall amounting to 50 to 80 millimetres in southwestern New Brunswick, with southerly winds hitting up to 80 kilometres per hour, with higher gusts in the Fundy region.

The rainstorm comes a week after a similar one. When Environment and Climate Change Canada issued a warning about that previous storm, it warned that flooding was possible, given the limited potential for water absorption into the frozen ground.

It offered no such warning for this latest weather system, likely because more recent, milder conditions mean the precipitation will more easily penetrate the ground.

The Fredericton Independent can be reached at [email protected].

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Enjoy a scroll through some beautiful photos from around New Brunswick, submitted by you.

‘Let your voice be heard in that song and that strength’’: A discussion from the annual Wabanaki language conference in Fredericton on the healing power of language.

Car ends up on roof after leaving road and rolling over in Bedell

The only occupant of a vehicle was taken to hospital by ambulance after leaving Route 555 in Bedell Friday evening, Dec. 15.

Woodstock Fire Department Chief Harold McLellan said firefighters responded at 7:04 p.m.

He said the RCMP and Ambulance New Brunswick also responded to the accident scene.

McLellan explained the car left the highway, went down a steep embankment and stopped on its roof, well off the road.

He said the first responders who arrived on the scene before he got there helped the driver get out of the overturned vehicle without using extraction equipment.

McLellan said he didn’t know the extent of the accident victim’s injuries, but the ambulance transported him to the hospital for observation and treatment if required.

He said the RCMP is investigating the cause of the accident.

The post Person taken to hospital following single-vehicle crash first appeared on River Valley Sun.

Mayor blames increased staff and new structure driving up town’s operation costs

Woodstock property owners, especially those in Ward 4 encompassing the former town limits, will face higher tax bills in 2024 with jumps in both assessments and tax rates.

Woodstock council approved the $16.6 million budget to be sent to the provincial government for approval at the regular council session on Dec. 12.

An increase of close to nine per cent in property assessment will add more than $1 million in tax revenue, bringing the 2024 total to $14.16 million. The town will also receive $740.628 through the Community Funding and Equalization Grant and more than $1.74 million from other sources to secure the $16.6 million in total revenue.

Despite the significant increase in revenue, Mayor Trina Jones said the extra money basically covers substantial jumps in operating costs, including several new positions in several departments.

“It’s largely all operational,” she said.

The 2024 budget will see Ward 4 tax rates jump from $1.45 to $1.50 per $100 assessment. Meanwhile, Jones explained, the tax rate for the other wards would remain net-neutral, with all homeowners paying $1.12 per $100 of assessment.

The tax rate for Wards 1, 2, 3 and 5 includes approximately 70 cents per $100 from the town and 41 cents from the province, which continues to maintain roads and other services in the former local service districts.

Council also approved the $2.62 million utility budget, with Ward 4 residents paying the multi-tiered flat rates for water and sewer services council approved last July.

Jones noted this marks the current council’s first budget approval, adding 2024 as a year of study and review to find cost savings in the future. She said Woodstock’s finance committee, which includes herself, Coun. Mike Martin, Finance Director Jennifer Crabbe and other staff, worked diligently to establish a workable budget and urged council to pass it.

“Overall, I would say it was a lot of work from where we stood from years 2023 and 2024, but the finance committee was certainly happy with what was presented, and we agree it should be passed tonight,” Jones told council.

She said the 2024 budget reflects a focus on organizational structure, in which the finance committee worked with directors on workplace assessment to determine the need for more bodies and structural changes.

Crabbe and Jones explained the town would not share a detailed budget publicly until approved by the province.

Breaking from past town policy, Jones declined to provide the River Valley Sun with a detailed copy of the proposed budget with line-item expenditures before provincial approval. She provided a breakdown of revenue sources and departmental expenses.

Crabbe said the town would submit its proposed budget to the province on Dec. 13, adding she expected a quick response and approval.

Jones said the town would post the detailed budget on its website once it receives provincial approval.

The mayor explained that the study of structural and workforce needs identified a “shortfall” in protected services, which covers policing, fire service, and town services such as bylaw enforcement, inspection, and animal control.

Protective services’ budget of more than $6.4 million represents almost 39 per cent of Woodstock’s budgeted expenses, including nearly $5.3 million for police, more than $1 million for fire and over $113,000 for other protective services.

“Protective services are a huge chuck of our budget,” said Jones.

Woodstock policing costs are divided between the Woodstock Police Force, covering Ward 4 and the $1.6 million the RCMP charges to serve all other wards.

Jones explained the police budget includes money to add three new positions with the Woodstock Police Force. She said the town force would add two community engagement officers to enhance its more proactive approach to policing.

Jones explained the third new WPF member would join the Street Crime Unit created earlier this year and will focus on intimate partner violence. She explained crime data shows a concerning increase in domestic and sexual violence, with police responding to an average of almost one call per day.

The budget’s second most significant departmental expense, at more than $3.5 million, covers recreation and cultural services, including the AYR Motor Centre and the L.P. Fisher Public Library. While the AYR Motor Centre brings in significant revenue, making up much of the close to $1 million in sales for service, the town pays heavily to deliver recreational services to residents.

Like many departments, the budget includes funding for new recreational staff. The town website currently lists a job opportunity for a recreation coordinator.

The budget projects transportation services, made up primarily of public works, will cost the town over $2.1 million in 2024. Jones said that includes an allocation for additional seasonal workers.

The nearly $1.66 million for general government includes allocations to cover the newly revamped administrative positions, including a new CAO, HR director and other added positions.

Jones said the general government includes $115,000 in community grant funds, including potential support for community halls in the former local service districts.

The mayor explained that the $1.2 million budget for Environmental Health Services covers solid waste collection and transfer fees.

She said that includes a share of the $82,000 the Western Valley Regional Service Commission will face this year.

Jones said Woodstock CAO Allan Walker will work with the RCS and vendors in 2024 to find savings in solid waste management.

The budget also allocated $686,000 for development services and over $1 million for fiscal service, including debt and capital expenditures.

While operating costs will limit capital investments in the coming year, Jones explained the budget will set aside funds for a new police car and fingerprint scanning equipment for the police and street improvements.

She said the town would also use capital reserves, the Canada Community Building Fund and other grant programs for street and infrastructure improvements and equipment.

Jones said the utility budget also set aside a small amount of capital and will use reserve funds and grant programs to improve its aging water and sewer system. It will also focus on protecting the town’s water sources.

Like the general fund budget, the utility budget includes allocations for restructuring and new hiring, including the new utilities director. Jones explained utilities will add three seasonal workers, including two summer students to map out the water and sewer system over the next three summers.

The utility budget revenue will come from the new flat-rate tier system approved by council last summer.

Tier 1 sets a rate of $550 annually for residents who previously paid an annual average of $450 or less.

The Tier 2 rate is $750 annually, affecting those previously paying between $451 and $600.

Tier 3’s rate of $825 annually will include those previously averaging $601 to $750.

Tier 4 will see residents who previously paid $751 and higher now paying $925 annually.

Jones said town costs increased significantly as it adjusted to its first year of municipal reform. She predicts council to find savings over the coming year.

“From the finance side, 2024 is a year to dig and review and ensure all the practices we’re doing are to the best benefit of the taxpayers and employees,” she said. “So we’re reviewing everything. We all know there’s money to be had there.”

Jones also expressed hope the province’s long-planned fiscal reform improves the revenue stream for municipalities and doesn’t download additional expenses on their backs.

The post Woodstock raises taxes despite increased revenue first appeared on River Valley Sun.

Two New Brunswickers will take the ice when the inaugural season of Professional Women’s Hockey League begins in the new year. Sarah Bujold of Riverview and Marlene Boissonnault of Dundee will play for Montreal in the opening game on Jan. 2, 2024.

Saint John, or Menaquesk in the Wolastoqey language, has never hosted a powwow, but 2024 might see that change with the city hoping to become part of New Brunswick's annual powwow trail.

A former teacher who worked in southeast New Brunswick and Newfoundland has pleaded guilty to more charges.

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An elderly Fredericton man who touched a 12-year-old girl’s breast and kissed her last year asked a court to spare him a jail term and to impose a period of house arrest instead.

Donald Stephen Crawford, 77, of Kings College Road, appeared before Fredericton provincial court Judge Natalie LeBlanc on Friday for a sentencing hearing.

He’d previously admitted to a summary count of sexual interference stemming from an incident during which he touched a minor for a sexual purpose.

Court heard previously that on May 1, 2022, Crawford had touched a 12-year-old girl’s breast over her clothing and had kissed her.

There’s a court-ordered publication ban protecting the girl’s identity.

Crawford isn’t related to the victim, but was rather a friend of the family, court heard.

The Criminal Code of Canada prescribes a mandatory minimum sentence of 90 days in jail for such summary offences, and that’s what prosecutor Rebecca Butler was seeking as a penalty in the case.

But defence lawyer Patrick Hurley had filed a Charter application with the court, arguing the mandatory minimum was unconstitutional and violated his clients rights.

Higher courts throughout Canada have been striking down mandatory-minimum sentences in several key precedents in recent years.

Hurley said summary charges of sexual interference cover a wide array of violations, and while they’re all serious, he argued his client’s conduct was at the lower end of the scale.

Mandatory minimum sentences deprive courts of the discretion they need to fashion appropriate sentences given specific circumstances of each crime and of each offender.

They take other sentencing options - such as conditional sentences served in the community - out of judges’ hands, he said, which means some offenders can’t be sentenced fairly.

“There’s levels of seriousness,” Hurley said, noting Crawford poses an extremely low risk to reoffend.

His client is elderly and has several medical issues, the defence lawyer said, and he’s effectively become a recluse in his own home. He further pointed out the offender’s spouse of many decades died recently.

Incarceration isn’t necessary in Crawford’s case, Hurley said, noting a conditional sentence of house arrest has been shown to have a deterrent effect, and it still takes away some of an offender’s freedoms.

The offender has no prior criminal record whatsoever, Hurley said, and his crime was an isolated one, not conduct that was perpetrated repeatedly.

“It wasn’t an ongoing type of violation in this case,” he said.

Hurley also opposed a mandatory 10-year order under the Sex Offender Information Registration Act (SOIRA) for his client, arguing it served no purpose.

Crawford’s movements are limited, he said, and the police would have no trouble in finding him should they have questions.

“I’m very sorry and remorseful,” the offender told the court, reading from a short written statement Friday.

“It’s totally out of character. I take full responsibility, and nothing like this will ever happen again.”

‘Denunciation and deterrence is paramount’

Butler argued the constitutional question is moot, because even if a mandatory sentence is a Charter violation, a three-month stint behind bars is an appropriate sentence in the circumstances of this case.

The Supreme Court of Canada has noted that all sexual offences are violent crimes, she said, and the age of the victim in the case is an aggravating factor that merits incarceration.

The victim, her sister and their mother all filed victim-impact statements with the court, and Butler pointed to how the family reports how deeply they’ve been affected by Crawford’s actions.

“They don’t trust people, they’re scared of people,” she said, noting they also report trouble sleeping.

A 90-day jail term is proportionate given the specific facts of the case, the prosecutor argued.

“Denunciation and deterrence is paramount,” Butler said.

In addition to the jail sentence, she asked the court to impose a two-year term of probation, during which Crawford could have no contact with the victim or her family, and that he undergo any evaluation or course of treatment deemed appropriate by a probation officer.

The prosecutor noted there’s a mandatory DNA order for such crimes, and she asked the court to impose a 10-year SOIRA order as directed by the Criminal Code.

Furthermore, Butler said the court should consider an additional order that would limit Crawford’s access to children or public places where kids are normally found.

LeBlanc reserved her decision on sentence to Feb. 16.

Don MacPherson can be contacted at [email protected].

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The mother of a young worker killed on a construction site five years ago says the $100,000 penalty for a Fredericton company is “a slap on the wrist” and will do nothing to improve job safety.

Michael Anthony Henderson, 18, of Fredericton, was working in an eight-foot deep hole at the City of Fredericton’s Barker Street Wastewater Treatment Plant on Aug. 16, 2018, when a pneumatic pipe plug came loose, pinning him.

The hole filled with water almost instantly, and he drowned.

Henderson was working for Springhill Construction Ltd., the generator contractor on the job at the plant. 

The company had faced a criminal charge of negligence causing Henderson’s death, but it pleaded guilty last month instead to a charge under the provincial Occupational Health and Safety Act of failing to provide the necessary training, equipment and supervision to ensure an employee’s health and safety.

Springhill and its president, Jeff Colter, were in Fredericton provincial court Friday for a sentencing hearing.

Crown prosecutor Christopher Lavigne noted the company had signed an agreed statement of facts, filed with the court, acknowledging it failed to take reasonable precautions to protect the health and safety of employees at the site, failed to ensure workers complied with safety regulations and failed to ensure there was competent supervision in place to maintain safety protocols.

Lavigne and defence lawyer Clarence Bennett offered a joint recommendation on sentence: a fine of $100,000.

However, court heard that the parties had agreed to divert those funds to establish a scholarship fund for students in the New Brunswick Community College carpentry course in Henderson’s honour.

“The fine in this case can be used for something meaningful,” Lavigne said.

Judge Jeff Lantz, chief judge of the Prince Edward Island provincial court, who presided over the case Friday, heard students applicants for the Henderson bursaries would be asked to write an essay on the topic of workplace safety and would need to submit a letter of reference from an employer or teacher attesting to their focus and dedication to health and safety on the job.

Bennett said the $100,000 would serve as an endowment to fund two to four scholarships annually, and the goal would be to change and improve safety culture in the construction industry.

Springhill apologized to the victim’s family, he said, “for the actions and actions that gave rise to the death of Mr. Henderson.”

Bennett said Colter and the company in general deeply regret the circumstances that led to the tragedy.

“It shouldn’t have happened,” he said. “They accept responsibility for what happened.”

Lantz accepted the joint submission on sentence, noting it was within the established range for penalties for such offences.

‘There needs to be a bigger penalty’

However, Diane Henderson, the victim’s mother, told the Fredericton Independent on Friday the $100,000 fine sends the wrong message.

While she was pleased with the establishment of a bursary fund in her son’s memory, she said, the fine imposed won’t have the deterrent effect necessary to ensure others don’t fall victim to the same sort of safety lapses that claimed her son’s life.

“The fine of $100,000 for Springhill, I’m sure, is really nothing for them,” she said.

“They are walking away with a slap on the wrist.”

She pointed out the maximum fine in Ontario for such workplace health and safety violations is $2 million, whereas in New Brunswick, it’s only $250,000.

“How does such a minimal fine like this prevent Springhill or other companies from something like this happening again?” Diane Henderson said.

“There needs to be a bigger penalty for companies and supervisors who lack so severely on safety.”

As part of the sentencing process, Lantz also received and reviewed 13 victim-impact statements from Michael Henderson’s family and loved ones.

Samantha Landry, a civilian victim-services representative with the Fredericton Police Force, read two of those statements - Diane Henderson’s and her elder son Eric Henderson’s - aloud Friday at the request of the victim’s family.

‘I tried to save him but I couldn’t’

They detailed how Michael’s death has wrought emotional and financial devastation in their lives.

Eric Henderson is eight years older than Michael, court heard, and he was also working at the treatment plant jobsite when the incident occurred.

He said he lost his kid brother “right before my eyes,” as he recalled desperately trying to pull him out of the water-filled hole, trying to get him air, trying to puncture the pneumatic plug to free him, all to no avail.

“I tried to save him but I couldn’t,” Eric said, noting that in the wake of Michael’s death, his life spiraled out of control. “My life is changed forever.”

He could no longer work in construction, he said, and he descended into a life dominated by alcohol, drugs and trouble with the law.

“I should’ve been the one to die because I am the oldest,” Eric wrote, noting he suffers from post-traumatic stress and survivor’s guilt.

His statement said he’s been clean for a year and a half now, and he now has to deal with retraining for a completely different career at the age of 30.

Water can be a trigger for him now, Eric wrote.

“I still feel panicked sometimes when having a shower,” he said.

Diane Henderson wrote in her statement that in a way, she lost both of her sons that summer day in 2018. Her elder son’s descent into addiction and mental illness threatened his health and safety as well, she said, noting he’s haunted by guilt.

“He was holding his brother’s hands while he drowned,” she said.

“The journey has been a living hell for all of us.”

Diane Henderson said she’s tormented by the fact she couldn’t hold Michael after he died, that she had to say good-bye to him through glass.

Days after his death, she said, his new driver’s licence arrived in the mail, and she had to go around filing death certificates cancelling identification such as that and Michael’s insurance.

“It felt like I was erasing my son’s existence from ever being here,” the grieving mother wrote.

Her ability to work was affected and she lost a job she held for a long time, she reported, and she’s struggled with maintaining employment.

She has trouble sleeping, and when she does sleep, she grinds her teeth to the point she now requires dental care.

After Michael had been gone for a year, she said, people told her she got through the worst of it, and that she’d start to heal.

“Now it’s the fifth year, and nothing has gotten easier,” she said. “They say life goes on. Not for Michael.”

Diane Henderson wrote that she wakes every morning replaying the horror of her son’s final moments over in her head.

“Everyone’s loved ones deserve to return home safe from work,” she said.

Lantz said deterrence is the main objective in sentencing in such cases.

“A young man lost his life,” he said, noting that was a significant aggravating factor.

But the court also had to weigh mitigating factors, the judge said, citing the guilty plea, Springhill’s co-operation with authorities and steps it took to improve worksite safety as ones to consider.

“Whatever is done here today in court won’t bring back Michael Henderson,” Lantz said.

In accepting the jointly recommended sentence, he directed Springhill to pay $100,000 to NBCC through a probation order.

That money is to be used to establish the Michael Henderson Carpentry Bursary to promote health and safety awareness in the workplace.

Bennett noted the company would make the payment within 30 days.

Once the sentence was imposed, Lavigne withdrew the charge of criminal negligence causing death.

The other accused party

Also charged in Henderson’s death was Jason Andrew King, 46, of Upper Hainesville.

He was also employed by Springhill the summer of 2018 at the treatment-plant jobsite as the site supervisor.

He stood trial in the Court of King’s Bench earlier this year on the criminal charge of negligence causing death.

A judge found him guilty and sentenced him to three years in prison.

King filed a notice of appeal with the New Brunswick Court of Appeal shortly thereafter and has since been released on conditions pending the outcome of that proceeding.

Evidence at King’s trial showed he knew Henderson was in the hole when he started a test of the pipe system.

Lavigne said Friday that King sent 32,000 litres of water into the pipe that led to the pneumatic plug, and the supervisor didn’t warn Henderson about the water test or direct him to leave the hole while it was underway.

Henderson was never told he shouldn’t be working around the plug while there was any water pressure being applied to it.

Testifying in own defence at his trial, King said Springhill hadn’t provided him with training when it made him a site foreman, noting he wasn’t qualified for the supervisory role he’d taken on.

King - who was fired soon after the fatal incident - also admitted at trial he hadn’t read any of the safety manuals available on site.

Don MacPherson can be contacted at [email protected].

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Peace officers who work for the New Brunswick Department of Justice and Public Safety may be handling more of the non-commercial traffic enforcement on the province’s highways, but it’s not clear exactly how much they’re doing or where it’s happening.

The New Brunswick government has made it easier for internationally trained doctors to get to work in New Brunswick — but as clinical assistants, not licensed doctors. 

A judge has ordered Springhill Construction Ltd. to create a $100,000 endowment fund to offer workplace safety training in memory of Michael Henderson, who died while working for the company in 2018.

N.B. Power is asking the province’s Energy and Utilities Board to approve 9.8-per-cent rate increases for residential customers in each of the next two years.

Innovative backpack program designed to help officers provide immediate support for homeless, transients, and others facing personal challenges

The only disagreement surrounding the benefits of Woodstock Police Force’s innovative new initiative to provide local homeless with a “hand up” may be who should take credit for it.

The program, which began Dec. 1, would see town police officers handing out backpacks full of personal care items to residents and transients facing dire circumstances.

Deputy Chief Mark Bennett credits Sherrie Hunter for quickly spearheading the community-funded program and bringing a long list of generous donors on board.

Hunter quickly pointed out the idea for the unique program aimed at helping those in need came from Bennett.

“I had the idea, but Sherrie ran with it,” Bennett responded.

They agreed the full backpacks were a result of Woodstock’s generosity.

“This is a hand up, not a handout,” said Bennett, who explained the backpack program is designed to treat recipients with respect and dignity as they face difficult circumstances.

He explained Woodstock police officers regularly encounter people in dire circumstances, whether they are homeless, transient or facing other personal challenges. He added the officers feel frustrated they can do little to improve their situation.

Bennett said the officers can now provide these people with a backpack, offering immediate help and possibly providing at least a little time to improve their circumstances.

Hunter explained the backpacks contain several items, including knitted socks, mittens, toques and an emergency blanket. They also include personal care items such as toothpaste, toothbrushes, bottled water and power bars.

Bennett and Hunter stressed their appreciation for local residents and business people who quickly stepped forward to provide and fill the backpacks.

The list includes local dentists Dr. Kent Orlando and Dr. Alex Wishart, McLeod Riverside Court’s knitting group, Sobey’s, Canadian Tire, Annette Draper, Wendy MacMillan, Mark’s Work Wearhouse, Padre Walter Williams, Winnfield Bunting of Buntings Grocery, Best Western Woodstock, members of the Woodstock Police Force and donors who asked to remain anonymous.

Bennett said they chose backpack contents to provide immediate help but not encourage outdoor encampments.

Bennett said a critical part of the backpack contents is the laminated card attached to each, providing contact numbers for community outreach groups who could assist.

“Maybe this will get them where they need to go,” he said. “Maybe this will give someone a glimmer of hope, and they will reach out to someone who can help,”

The deputy chief explained the program is community-driven and funded, which comes at no cost to the town.

“We didn’t want this to be a Woodstock Police Force project, so we reached out to the community,” he said.

He said the community responded as he expected.

“It came together really, really quickly,” he said.

Bennett said the program is designed to offer help to those in need. Officers won’t collect personal information from backpack recipients, although they know the community well enough to ensure no one will abuse the program.

Bennett and Hunter held a media conference on Dec. 6 after presenting the program to the Woodstock council on Nov. 28, noting staff and councillors expressed full support.

Bennett said the program paints a different face of the Woodstock Police Force and helps officers feel less ineffective after encountering struggling residents and visitors.

“We want police to be more than an enforcement tool,” he said.

Bennett said the force has 10 complete backpacks to hand out and enough to fill 10 more. He

said they would reach out to the community again if more were needed.

The post Woodstock police offering ‘hand up, not hand out’ first appeared on River Valley Sun.