Indigenous woman's background, trauma justify house arrest for DUI crash that killed her best friend: judge

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Or sign-in if you have an account.“I am satisfied this is one of the ‘clearest of cases’ for imposing a sentence that is significantly outside the usual range for this offence,” Provincial Court of Manitoba Judge Wanda Gerreck said in sentencing Jayden Okemow to two years less a day to be served on house arrest. Photo by Postmedia NewsAn Indigenous woman from Winnipeg who killed her best friend and roommate in a drunk driving accident three years ago will be allowed to serve her sentence at home, largely because of her racial background and “life circumstances … shaped by a history of trauma and discrimination,” a judge ruled last month.Enjoy the latest local, national and international news.Exclusive articles by Conrad Black, Barbara Kay and others. 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Plus, special edition NP Platformed and First Reading newsletters and virtual events.Unlimited online access to National Post.National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.Daily puzzles including the New York Times Crossword.Support local journalism.Create an account or sign in to continue with your reading experience.Access articles from across Canada with one account.Share your thoughts and join the conversation in the comments.Enjoy additional articles per month.Get email updates from your favourite authors.Create an account or sign in to continue with your reading experience.Access articles from across Canada with one accountShare your thoughts and join the conversation in the commentsEnjoy additional articles per monthGet email updates from your favourite authorsSign In or Create an AccountorJayden Starr Okemow, 23, pleaded guilty to one count of driving with a blood alcohol level exceeding .08 causing the death of Hayley Linklater, but only after the Crown called the majority of its witnesses.But rather than the custodial sentence of five years sought by the prosecution, Provincial Court of Manitoba Judge Wanda Garreck said defence counsel’s request for a conditional sentence was more appropriate after applying both the Gladue principle and precedents from R. v. Ipeelee, another landmark Canadian decision involving “systemic and background factors” related to Indigeneity.Get a dash of perspective along with the trending news of the day in a very readable format.By signing up you consent to receive the above newsletter from Postmedia Network Inc.A welcome email is on its way. If you don't see it, please check your junk folder.The next issue of NP Posted will soon be in your inbox.We encountered an issue signing you up. Please try again“I am satisfied this is one of the ‘clearest of cases’ for imposing a sentence that is significantly outside the usual range for this offence,” Garreck wrote in her recently published decision giving Okemow two years less a day.On May 28, 2023, Okemow, then 20, and Linklater, 23, had been drinking at Winnipeg Beach Provincial Park when they decided to head to another beach to go swimming, with the younger of the two taking the wheel.Travelling south at speeds of 83 km/h in 50 km/h residential zone, Okemow lost control of the vehicle ”at a slight curve in the road,” hit the gravel shoulder, narrowly avoided a ditch “and continued into the grass until it hit the embankment of a driveway, which caused it to vault” through the air landing 80 feet away and rolling to a rest on the driver’s side.Linklater, who was not wearing a seatbelt, was tossed from the vehicle at some point during the crash and was pronounced dead on the scene. It’s not clear how severely Okemow was injured, if at all, but she did produce “blood alcohol readings over three times the legal limit.”Other than a pair of Highway Traffic Act infractions, Okemow had no criminal record at the time.The Winnipeg woman’s pre-sentence report indicates that she spent her earliest years in foster care before meeting her grandmother, “the adoptive mother of her father,” with whom she lived in a First Nation community until she was 13. Her father, however, was seldom present, as his criminal activity, substance use and mental health struggles kept him incarcerated or in psychiatric care.While “both grandparents were survivors of Indian Residential Schools and struggled with alcohol use” at times, Okemow said she grew up “without dysfunction” in a “generally supportive” family home.Between 13 and 15, Okemow chose to live with her mother within a different Indigenous reserve, but she soon ended up back in foster care because of her mother’s struggle with substance use.After witnessing a friend kill themselves, Okemow required psychiatric hospitalization. Upon release at 16, she moved back in with her mother for two years, had her first of four children and then moved out on her own in Winnipeg.The first and oldest child, now 4, “is non-verbal with possible autism spectrum disorder.” Two younger siblings born after the crash are in speech therapy and the third is an infant born in January 2026.Okemow has also been the victim of intimate partner violence, most recently involving her husband and father of her two youngest children, who is currently in jail for assaulting her and “she is the protected person on a no contact order” against him.The PSR also revealed that Okemow admitted to having previously driven under the influence of alcohol.Okemow “disclosed multiple suicide attempts,” while burdened by “depression, remorse, guilt, and grief” in the aftermath of Linklater’s unnecessary death, but said she “tries to remain strong for the sake of her children.”“She lost her best friend and roommate and knows she will carry the weight of that loss as she tries to move on with her life and raise her children,” the judge wrote.Linklater, it’s worth noting, was also a mother to a young daughter at the time of her death.Okemow, who’ll take her brood to her grandmother’s house for the duration of her sentence, said she plans to go back to school and “pursue meaningful employment when her circumstances allow.”While it’s been a struggle at times, Okemow “remains abstinent from substances” and the judge said “she has demonstrated significant maturity and growth as she manages parenting responsibilities for four young children with limited support.”Based on the totality of her circumstances, largely influenced by Gladue factors, and because of the “significant changes” Okemow has undertaken, Garreck said “a penitentiary term is not necessary to satisfy denunciation and deterrence in this case.”Okemow will be on supervised probation with a series of strict conditions for another two years after her house arrest. She’s also prohibited from driving for six years.Garreck said Okemow’s personal circumstances could present challenges during her sentence.“I am satisfied she will plan for and deal with any challenges to ensure compliance, or she risks serving the sentence in a jail,” the judge reminded.Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark nationalpost.com and sign up for our daily newsletter, Posted, here. Join the Conversation This website uses cookies to personalize your content (including ads), and allows us to analyze our traffic. Read more about cookies here. By continuing to use our site, you agree to our Terms of Use and Privacy Policy.