Crown to seek adult sentence for 14-year-old in Evan Hardy fire assault

The defence requested a not criminally responsible (NCR) assessment on the girl, saying she told police “voices told her to do things.”

The Crown has given notice that it will seek an adult sentence for a 14-year-old girl accused of pouring liquid on a 15-year-old girl and lighting her on fire in a hallway at Evan Hardy Collegiate earlier this month.

The girl appeared in Saskatoon youth court on Thursday by video from a room at the facility where she is being held. She sat with her hands in her lap, her hair partially hiding her face.

A witness said she saw the girl pour liquid from a black canister onto the victim’s head while they were in a hallway. She didn’t see what started the fire, but saw flames spread from the victim’s hair and face to her shoulders, back and stomach within seconds.

Before pleas are entered, the Youth Criminal Justice Act requires the Crown to notify the accused and the court if it intends to pursue an adult sentence. The maximum youth sentence for attempted murder is three years; the maximum adult sentence is life imprisonment.

The identities of both the accused and the victim are banned from publication under statutory provisions of the YCJA.

“The rationale for protecting the privacy of young persons through publication bans is in recognition of their immaturity and the need to protect them from the harmful effects of publication so that their chances of rehabilitation are maximized,” according to the federal government’s department of justice website.

Youths who receive adult sentences can be identified if their sentence isn’t overturned on appeal.

Evan Hardy Collegiate
Police vehicles parked in front of Evan Hardy Collegiate in Saskatoon on Sept. 5, 2024 in the hours after an alleged serious assault in which a 14-year-old girl was lit on fire.Photo by Michelle Berg /Saskatoon StarPhoenix

Also on Thursday, Judge Sanjeev Anand ordered an NCR (not criminally responsible) assessment on the girl, at the defence’s request. A person can be found NCR if they establish that they had a mental disorder at the time of the offence that rendered them incapable of understanding the wrongfulness of the act.

Providing reasons for the assessment to be ordered, defence lawyer Stephanie Pankiw told court that the accused made “utterances” to police during her arrest and while giving a statement that included her saying “voices told her to do things.”

Court heard the girl had a prior autism diagnosis and was under the care of a nurse practitioner who had diagnosed her with a psychotic disorder. Pankiw also said the girl had received prior psychiatric care during emergency room visits this summer.

A fitness assessment, which determines whether a person is fit to stand trial, was initially requested due to uncertainty about the girl’s level of understanding. Ultimately, it wasn’t ordered.

The girl’s next court appearance is scheduled for Oct. 25 to allow for the completion of the NCR assessment.

The 15-year-old victim has been hospitalized in Edmonton since she was seriously burned in the violent attack. Supporters set up an online fundraiser to help her family with travel costs. It had raised around $72,000 as of last week.

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