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THUNDER BAY — The woman convicted of second-degree murder for the 2020 stabbing death of her 11-year-old son will learn next month how long she will be ineligible for parole, with counsel calling for a range of between 10 and 18 years.
Courtney LaBelle, 37, appeared in a Thunder Bay courtroom before Justice John Fregeau for a sentencing hearing on Thursday.
A jury found LaBelle guilty of second-degree murder in September 2022 after deliberating for approximately three hours following a six-day trial.
The jury heard evidence that in the early morning hours of Jan. 1, 2020 at a Victoria Avenue residence, LaBelle stabbed her 11-year-old son 31 times, with more than 10 wounds penetrating his chest and abdominal cavity.
LaBelle’s father, Eugene LaBelle, witnessed the attack and tackled her to the floor where he held her down until first responders arrived.
The victim, whose name is protected under a publication ban, was pronounced dead a short time after arriving at the Thunder Bay Regional Health Sciences Centre.
A post-mortem examination determined two stab wounds penetrated the victim’s heart, resulting in extensive blood loss. The victim also had numerous defensive wounds to his hands and arms.
A second-degree murder conviction carries an automatic life sentence, with parole ineligibility ranging from between 10 and 25 years.
Crown attorney Katrina Van Kessel is seeking a period of parole ineligibility for 18 years, citing the need to denounce the violent attack on a child by a person in a position of trust.
“The Crown submission is there are few, if any, more sacred duties, than to protect a child in one’s care. A breach of that sacred trust is to be condemned. Ms. Labelle did not only breach that trust, she violated it in abhorrent manner,” Van Kessel said.
“The Crown submits a period of parole ineligibility must place denunciation and deterrence above all other principals and address the grievous breach of trust that occurred on Jan. 1, 2020.”
Van Kessel cited several aggravating factors of the offence, including the victim being a vulnerable individual, the brutal nature of the attack, and LaBelle’s position of trust as the victim’s mother.
“Courtney LaBelle is the one person in that room the victim should have been able to turn to to protect him and she was the one who harmed him,” Van Kessel said. “This was not a sudden and rash decision. The knife had to be retrieved and then used.”
There was also a lack of significant mitigating factors, according to Van Kessel, including no expressions of remorse by LaBelle through a guilty plea. Though Van Kessel did concede LaBelle lacks a criminal record and has several Gladue factors.
However, Van Kessel stressed that LaBelle’s actions will have a lasting impact on all those involved, from the victim’s family and friends to the first responders who tried to save his life.
“His loss does and will continue to have immeasurable consequences for an unforeseeable time,” she said.
Several victim impact statements were shared with the court that expressed the sense of loss family members have been left with following the death of the victim.
Eugene LaBelle said in his statement to the court that the victim will be sadly missed and remembered, while also referencing how he lost his daughter, Courtney LaBelle.
“I cannot say I lost my daughter for my daughter was lost a long time before the commitment of this offence,” Eugene LaBelle said. “With the commitment of this offence, Courtney will have to move mountains before I can trust her again.”
Defense counsel Gil Labine is asking the court to impose a 10-year period of parole ineligibility, arguing that LaBelle’s actions were the result of a drug-induced psychosis and her circumstances as an Indigenous person.
“This case is obviously a tragedy that probably could have been prevented. But it is a tragedy that happened as a result of the circumstances of Indigenous people in Northwestern Ontario,” Labine said.
“There were significant mental health issues, more specifically the diagnosis of drug-induced psychosis.”
Fregeau pointed out that the jury rejected the defense of drug-induced psychosis, which is why they returned with a guilty verdict on the charge of second-degree murder.
“That doesn’t preclude you from considering she was under drug-induced psychosis for the purposes of parole eligibility,” Labine said. “That’s all I’m asking you.”
A pre-sentence report and Gladue report were prepared prior to the hearing, highlighting that LaBelle is a second-generation residential school survivor and experienced sexual and domestic abuse.
Labine said when LaBelle returned to the Victoria Avenue residence on Jan. 1, 2020 after consuming alcohol and cocaine, there is no way of knowing what may have triggered her to attack her son.
“It could have been as simple as her expecting to have some pizza and all the pizza was eaten and the knife was on top of the pizza boxes and it was empty and that is what triggered her,” he said. “It could be as simple as that but we don’t know what it was.”
“There is no greater bond or connection between two people than between a mother and a child,” Labine continued. “A mother doesn’t hurt their child unless there is a reason. The reason for her is the cultural background that brought her to that position and the ingestion of cocaine that triggered an episode.”
Both Labine and Van Kessel also referenced the jury recommendations for parole eligibility. Of the 12 jurors, three had no recommendation, three recommended 10 years, two 15 years, one 20 years, and three recommended 25 years.
Labine argued not much weight should be placed on the jury recommendations, but noted that three recommended 10 years and three others had no recommendation.
When given the opportunity to speak, LaBelle made reference to meeting with the Gladue writer with the understanding of discussing a sentence reduction or acquittal.
Fregeau will return on May 18 to deliver his decision on parole eligibility.