Thunder Bay police lay manslaughter charge after fatal assault investigation

Thunder  Bay – Thunder Bay Police Service has laid a manslaughter charge after an investigation into the death of an injured person who was taken to hospital following an altercation at a local hotel.

Investigation began after hospital report

According to Thunder Bay Police Service, officers received a report from a local hospital on April 6 that an individual had died after arriving with injuries consistent with an assault.

The service’s Major Crime Unit and Forensic Identification Unit began the investigation and later determined the victim had first been taken to hospital on April 5 following an altercation at a local hotel.

Police said officers with the Major Crime Unit and the Break, Enter, and Armed Robbery Unit located and arrested a suspect on April 9. Jaykwon Wapoose, 21, has been charged with manslaughter and was remanded into custody with a future court date.

What the manslaughter charge means under Canadian law

Under section 234 of the Criminal Code, culpable homicide that is not murder or infanticide is manslaughter. Section 236 states that manslaughter is an indictable offence. In cases where a firearm is used, the offence carries a maximum sentence of life imprisonment and a minimum sentence of four years. In other cases, including where no firearm allegation has been reported, the offence remains punishable by up to life imprisonment.

Sentencing can vary widely

While the maximum penalty for manslaughter is life imprisonment, the sentence imposed by a court can vary significantly depending on the facts proved in court, including the circumstances of the death, the degree of violence, the accused’s background and any aggravating or mitigating factors raised at sentencing. Based on the Criminal Code wording, the only mandatory minimum specifically set out in section 236 is for cases involving the use of a firearm.

Presumption of innocence remains in place

As with all criminal charges, the accused is presumed innocent unless and until proven guilty in court. Section 11(d) of the Canadian Charter of Rights and Freedoms guarantees that any person charged with an offence has the right to be presumed innocent until proven guilty according to law in a fair and public hearing before an independent and impartial tribunal.