THUNDER BAY - A third accused in the 2020 stabbing death of 29-year-old Paul Vivier has pleaded guilty to the lesser charge of assault.
Seandi Clarke-Noel, 21, appeared before Justice Frank Valente via video from the Central East Correctional Centre on Monday where he pleaded guilty to one count of assault and one count of failing to comply with a release order.
As part of a joint submission by Crown attorney Jane Ann McGill and defense counsel Greg Dorsz, Clarke-Noel was sentenced to five months on the assault charge and one month on the failure to comply charge. With credit for time served, he was released on Monday and will be subject to 12 months of probation.
According to an agreed statement of facts, just after 10 p.m. on May 30, 2020, the Thunder Bay Police Service received numerous 911 calls regarding a stabbing at a hotel on Cumberland Street North.
A male victim, later identified as Vivier of Victoria, B.C., was located in a stairwell of the hotel. A large amount of blood was observed in a nearby room and in the hallway.
Several witnesses in the area advised police that Vivier was confronted by three individuals in the hallway asking about money and then began assaulting him.
The three individuals involved in the assault were identified as Denis Terry Bernard, Clarke-Noel, and a Toronto youth.
Clarke-Noel admitted to participating in the initial assault of Vivier with his hands. The youth then took out a knife and handed it to Bernard who stabbed Vivier in the chest.
Clarke-Noel was first charged with second-degree murder along with the two other accused. Bernard has since pleaded guilty to manslaughter and was sentenced to six years earlier this year, while the youth also pleaded guilty to manslaughter in August 2021 and was sentenced to nine months of pre-sentence custody and two years probation.
The agreed statement of facts indicated that Clarke-Noel had no knowledge of a knife being present and did not participate in the stabbing.
The failure to comply with a release order charge was related to Clarke-Noel not residing with a surety in Oshawa, Ont. in February 2021 because he was in Edmonton, Alta. at the time.
As part of the sentencing submissions, Dorsz indicated that Clarke-Noel has no previous criminal record and was only 19-years-old at the time of the offence.
But McGill did point out the seriousness of the assault on Vivier.
“This was a serious situation that ended up having very serious consequences for many people, including Mr. Vivier and his family,” she said.
When given the opportunity to speak, Clarke-Noel said he would have liked to speak with Vivier’s family to tell them how sorry is for what happened.
“If I didn’t choose the path that I chose we wouldn’t be here right now and Mr. Vivier would still be alive,” he said. “Even though I never really did what really happened, the stabbing, I still feel like I have a part of this and I am really sorry for it.”
Justice Valente agreed with the joint sentencing submission and said there were several mitigating factors.
“Your relative youthful age and you come before the court without a record of any kind,” he said. “Your lack of a criminal record and plea of guilt as an indication of remorse are clearly mitigating circumstances.”
Valente also urged Clarke-Noel to read a victim impact statement submitted to the court by Vivier’s mother during sentencing for Bernard that detailed how the loss of her son has affected her and the entire family.
“Perhaps you will understand what has gone behind those heartrending painful words that she writes about,” Justice Valente said. “I ask that you read the victim impact statement carefully.”
Clarke-Noel will also be required to submit a DNA sample and is subject to a five-year weapons prohibition. During the 12-month probation period he is also to have no contact with the co-accused and members of the Vivier family.
