SASKATOON – The chief of a First Nation has criticized what she called a “lenient” sentence for a woman convicted of impaired driving in an incident that left Darnell Fineday paralyzed.
“Darnell’s life is forever changed, and the courts placed a value on that life which was egregiously set as a small fine,” said Tanya Aguilar-Antiman, Chief of Mosquito, Grizzly Bear’s Head and Lean Man First Nations on Wednesday.
“It is apparent in my opinion that this sentence does not support or represent justice when compared to the significant impact on Darnell and his family’s life.”
Likewise, FSIN Chief Bobby Cameron said there is no equity in justice for First Nation people, adding that approximately 85-95 per cent of those incarcerated in Saskatchewan are Indigenous with many of them incarcerated for far less crimes that didn’t cause a significant impact as much as what the Fineday family has experienced.
Jillian Walker, 23, was sentenced Wednesday to two years less a day after pleading guilty to impaired driving causing bodily harm. Her sentence will be served in the community. Her driver’s licence was also suspended for one year, and she was ordered to pay a $200 victim surcharge. She has an 11 p.m. to 7 a.m. curfew for the first 12 months of her CSO.
After Walker was sentenced last month, Darnell Fineday’s mother spoke out against the sentence.
“I’m upset,” Darnell’s mother Charlene Fineday told SaskToday outside the courthouse after the verdict on March 13. “I don’t think justice was served for me and my son today. I wanted a stronger sentence and I wanted her license to be taken away for more than a year."
At an April 10 press conference in Saskatoon, Findeday said she was "deeply dissatisfied with the court process, and the details of what happened are not clear." She said questions the family have asked remain unanswered."
Defence Sean Fagan and Crown Prosecutor Paul Goldstein entered a joint sentencing submission to the Saskatoon court on March 13, which Judge Lisa Watson accepted.
“I feel that I was not allowed any input as to how the court process evolved into a joint submission.”
Video: Charlene Fineday reacts to verdict
Likewise, Junell Bird, from Mosquito First Nation, was also disappointed with the verdict. She drove from North Battleford to support her childhood friend Charlene Fineday.
“I thought 10 years would have been fair,” she said.
“It’s really hurting to see someone you knew as a sweet little boy to now somebody that has to continue life in a wheelchair.”
Video: Junell Bird from Mosquito First Nation speaks out against the verdict
Court heard that Walker got behind the wheel of her Kia SUV after having two drinks, when she struck Fineday at a crosswalk on 22 Street and Hart Road in Saskatoon just before 2 a.m. on April 19, 2023. She was going about 60 to 70 km/hr at the time. The speed limit was 60 km/hr. Fineday was taken to hospital with serious injuries. He is now paralyzed, unable to speak, and lives in a long-term care home that provides 24-hour care.
Defence told the court that Walker is, "so sincerely sorry for the harm” she has caused Darnell and his family.
“This will haunt her for the rest of her life.”
Standing up and looking directly at Charlene Fineday and her son Darnell, Walker had apologized to them during her sentencing hearing in March.
“I never imagined I could be the cause of so much pain and heartache,” she said. “I would trade places with Darnell in a heartbeat.”
Judge Watson said what happened to Darnell Fineday is a stark reminder that there is no safe level of alcohol to consume before driving.
“This circumstance is tragic for everyone,” she said.
As Judge Watson was saying that she would accept the joint submission by the defence and the Crown, several of Darnell’s family members and friends got up from their seats and walked out of the courtroom before the proceedings ended. Others were shaking their heads.
“I now grieve for the son that I lost that day that Jillian Walker chose to drink and drive,” Fineday said in her victim impact statement. “I mourn the loss of many dreams, hopes, wishes, and milestones that my son was meant to have.
“I’ll never be able to hear him talk, see him walk. I will never be able to see him laugh, smile, and joke. I will never be able to get a meaningful hug from him. I will never see him love another, get married, settle down in a home and have more children. I will never see him play with his only daughter again. He won’t be able to walk her down the aisle, kiss away her tears, hug her on her important days, and he won’t be able to be the father to her the way he wanted to be.”
Fundraiser for Charlene Fineday
Charlene Fineday has worked full-time for the past two decades and recently had to quit her job for a security guard company in Saskatoon due to the stress of dealing with her son's medical condition. She spends a lot of time at the long-term care home where he resides, helping take care of his needs and being with him. She lives in a one-bedroom apartment in Saskatoon and is unable to bring him there as it's not set-up for his extensive medical needs.
Charlene doesn't have an income since quitting her job and is now at risk of losing her apartment and becoming homeless. Her long-time friend Junell Bird has started a Gofundme fundraiser for Charlene. To donate click on this link.
So far, $1,270 has been raised towards the $10,000 goal.
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