Sheldon Finlayson has been sentenced to eight years in prison in relation to the death of 20-year-old Wade Hendry-Lee Otiquam-Joy.
The incident occurred in 2018 when Finlayson attempted to start a fight with the deceased at a Marathon home.
Otiquam-Joy refused, and was still struck violently in the head by Finlayson, dying in hospital the following day.
The 47-year-old Finlayson is a member of Long Lake #58 First Nation. He had a criminal history prior to the manslaughter of Otiquam-Joy, beginning in 1989 where he committed offences as a young offender. He has on his record over 80 convictions.
Justice W. D. Newton determined while it cannot be proven Finlayson was trying to kill Otiquam-Joy, it is clear an attempt was made to seriously injure him, leading to his death.
“I am satisfied beyond a reasonable doubt that Mr. Finlayson meant to cause serious bodily harm to Mr. Otiquam-Joy based on the force he used in this unforeseen attack,” said Justice Newton. “He has had a lifelong addiction to alcohol and has attended treatment in the past. It was noted that Mr. Finlayson’s alcohol consumption is tied to his aggressive and violent behaviour.”
During the proceedings various mitigating factors were determined focusing on the experiences of Indigenous people, and specifically Finlayson, including:
- Family breakdown due to alcohol in the family home
- Physical abuse and trauma injury during childhood
- Mental health concerns i.e. PTSD, anxiety and depression
- Substance abuse issues with alcohol
- Lack of education and stable employment
Finlayson will not have to serve a full eight years from his sentencing.
He served 1015 days of pre-sentence custody, which has an enhanced credit of 1.5 days in the court system, plus 100 days of credit due to harsh conditions resulting from COVID-19. This equates to 1623 days of credited time to be taken off his eight year sentence.
Along with the sentence, a ten year weapon ban has been placed on Finlayson and he will have to submit a sample of DNA to the DNA Data Bank. He is also unable to communicate in any way with the witnesses or family members of Henry-Lee Otiquam Joy.
