The sentencing of Levi Cayen for manslaughter was once again delayed on Monday, after originally being set back by a month.
In making the decision, Justice Shannon Smallwood said she needed more time to review new details and arguments that had come to light during that day’s hearing. Crown Prosecutor Duane Praught argued Cayen should not receive credit for time served because he had been formally disciplined while in custody.
Cayen’s lawyer, Alan Regel, described the behaviours for which his client was disciplined as “Having some conflict with the staff and others,” or behaviours which were “disrespectful in the opinion of certain staff members.”
He said the Crown was “playing with words” in arguing that a request to not give credit for time served was not equivalent to asking for a shorter sentence.
In response, Praught clarified that the evidence was not being submitted as “aggravating” in determining Cayen’s sentence.
In March, Cayen was convicted of manslaughter in the death of Alex Norwegian, a 25-year-old Hay River man who was beaten and robbed, and later died of hypothermia, on the K’atl’odeeche First Nation in December of 2017.
Three others have already been sentenced in Norwegian’s death: One for second-degree murder, one for manslaughter and robbery, and one for accessory to manslaughter. Cayen was originally charged with first-degree murder before a jury found him guilty of manslaughter.
Cayen was originally supposed to be sentenced in May, but Justice Smallwood said she needed more time to make her decision.
The maximum sentence for manslaughter is life in prison.
Proceedings are scheduled to resume Tuesday morning.