PRINCE ALBERT – The Saskatchewan Court of Appeal has dismissed the appeal of street gang member Myles Sewap, upholding his designation as a dangerous offender and his sentence of imprisonment for an indeterminate period.
In a decision released Nov. 6, a three-judge panel found no error in the original judge’s conclusion that the 32-year-old Indigenous man from Pelican Narrows is difficult to manage and poses a threat to the public.
“The judge engaged with and analyzed the evidence as required,” wrote Justice Jeffery Kalmakoff in the unanimous decision. “There is no basis to interfere with the judge’s conclusion on penalty. It is a reasonable conclusion, given the evidence, and it is not the product of a legal error.”
2018 prison attack
Sewap was convicted of aggravated assault for his role in a prolonged and vicious group attack on another inmate at the Saskatchewan Penitentiary in September 2018. This conviction triggered a Crown application to have him declared a dangerous offender.
Sewap and three other inmates participated directly in the physical attack, while six others stood by to prevent interference. Sewap had been “integrally involved in planning and coordinating the attack,” reveal court documents.
The victim suffered serious injuries, including four broken ribs, a broken nose, a pneumothorax, bleeding on the brain, and injuries to his face.
At the time of his 2018 offence, Sewap was already serving a four-year sentence for a previous aggravated assault and had a criminal record with 37 convictions, nine for violent offences. These included four aggravated assaults, multiple assaults with a weapon, and a robbery.
2019 prison attack
Sewap was also involved in an attack on a fellow inmate in October 2019, according to court documents. Him and three other inmates went to the victim’s cell and beat him. During the attack, the victim was stabbed several times. Sewap admitted that the assault had stemmed from a dispute between rival gang members. In June 2021, he was given an additional four years imprisonment, consecutive to the sentence he was already serving.
Violent behaviour can be controlled: Defence
In Sewap’s appeal, his lawyer argued that his violent behaviour isn’t beyond control because he has never received treatment that was tailored to his cognitive deficits. Expert evidence confirmed Sewap has an IQ in the 0.1 percentile, academic skills at a Grade 2 level, and suffers from FASD, which impacts his impulse control and ability to process information.
Defence expert, Dr. Terry Nicholaichuk, testified that “there is no possibility that he could benefit from [Correctional Service Canada] programs as they are currently constituted.” He said that specialized, intensive programming at the Regional Psychiatric Centre (RPC) in Saskatoon could help Sewap learn to manage his risk in the community, but he acknowledged he couldn’t predict success or how long it would take.
The Court of Appeal, however, agreed with the original judge that this evidence was too speculative to raise a reasonable doubt about Sewap’s dangerousness.
“The evidence did not establish that the prospects of such treatment being successful were sufficiently compelling,” said the original judge.
Justice Kalmakoff said the Crown isn’t required to prove “that every suggested potential treatment an offender might benefit from has been provided.”
Gladue factors considered
Sewap’s lawyers also argued that the sentencing judge failed to properly consider his circumstances as an Indigenous person, as required by Gladue principles set out by the Supreme Court of Canada. These principles require courts to consider the unique systemic and background factors, such as colonialism, residential schools, and substance abuse, that contribute to the over-incarceration of Indigenous peoples.
The appeal court acknowledged that Sewap’s background included Gladue factors, including parents who attended residential schools, prenatal alcohol exposure, foster care placements, and inadequate education.
The appeal court found that the sentencing judge was “alive to” these factors and the evidence that linked Sewap’s cognitive deficits to his family history. The original judge had concluded that while these factors provided context, there was no evidence that culturally sensitive programming or community supports would reduce the high risk Sewap poses.
A ‘high likelihood of violent recidivism’
Both expert witnesses at Sewap’s original hearing agreed that standardized risk assessment tools placed him in the highest category for violent re-offence.
The Crown’s expert, Dr. Albert Choy, testified that Sewap was in the “top three per cent” of offenders for likelihood of violent recidivism and that managing his risk in the community would be a “difficult task.”
Despite participating in some institutional programs, including ones designed for Indigenous offenders, correctional reports indicated Sewap made “little progress” and his security rating was increased to maximum due to repeated violent incidents behind bars.
With his appeal dismissed, Sewap will remain in prison with no set release date.
He will be eligible to apply for parole after serving seven years, but can only be released if the Parole Board is satisfied he no longer poses a threat to the life, safety, or mental well-being of others.
ljoy@sasktoday.ca
