The lawyer for a 12-year old boy accused of killing his 16-year-old brother has asked the court to provide the boy with psychological and other crisis services while he awaits his bail hearing in detention at a Batshaw youth centre.
“He’s been taken out of his family and put in a (detention) centre for the first time,” said Sonia Harvey. “He has asked to see a professional and seeing a nurse at Batshaw is far from sufficient.”
The judge, noting the boy’s age, agreed to place him under the care of Quebec’s youth protection department.
The boy was charged with manslaughter and possession of an illegal and prohibited firearm after his older brother was shot inside their Dorval home Monday evening.
Though police initially spoke about an accident, prosecutor Marie-Claude Bourassa said Tuesday the evidence suggested otherwise.
Twelve is the legal limit in Canada for charging a youngster with a criminal offence.
It is still not clear whether the boy will be released on bail while he awaits trial on the charges.
Normally a suspect has the right to a bail hearing within three days of his arrest. But Harvey has asked to have the bail hearing on Monday so the boy can attend his brother’s viewing and funeral, scheduled for Wednesday and Thursday.
The 16-year-old boy was rushed to hospital after a 911 call, where he was pronounced dead after being shot in the upper body, according to police. The 12-year-old, after being questioned by police investigators through the night in the presence of one of his parents, was charged.
Neither the boy nor his family members can be named under provisions of the Youth Criminal Justice Act.
On Friday, extended family as well as both the boy’s parents were present in youth court. The hearing resumes Friday afternoon.