Two people face attempted murder charges after a serious assault in Eabametoong First Nation
EABAMETOONG FIRST NATION, Ont. — Two people, including a 17-year-old, have been charged with attempted murder following a serious assault in Eabametoong First Nation that left a woman with injuries police believe were life-threatening.
The Nishnawbe Aski Police Service says officers were called Thursday, Aug. 13, after an adult woman was brought to the community nursing station with injuries consistent with a recent assault. She was later transported out of the community for further medical assessment and treatment.
Two suspects arrested Thursday
Police say the exact extent of the woman’s injuries was not immediately known, but they were believed to be serious and life-threatening.
Investigators identified two suspects during the investigation. Both were located and arrested without incident on Aug. 13 and held in custody pending bail hearings.
The NAPS Criminal Investigations Unit is assisting with the continuing investigation.
Edmund Lambert Moonias Jr., 24, of Eabametoong First Nation, is charged with:
- attempt to commit murder;
- aggravated assault; and
- possession of a weapon for a dangerous purpose.
A 17-year-old male from Eabametoong First Nation faces the same three charges.
The youth cannot be identified under the Youth Criminal Justice Act, which generally prohibits publication of a young person’s name or information that could identify them as a person being dealt with under the Act.
Both accused appeared for bail hearings Friday, Aug. 14, and were remanded into custody. They are scheduled to return to court at a later date.
What the attempted murder charge means
Attempt to commit murder is covered by section 239 of the Criminal Code. For an adult, it is an indictable offence carrying a maximum sentence of life imprisonment. The Crown must ultimately prove the elements of the offence beyond a reasonable doubt before a conviction can be entered.
There is no automatic or single “typical” sentence for attempted murder. Sentences are determined individually based on the circumstances of the offence and offender, aggravating and mitigating factors and applicable sentencing principles. For an adult offender, however, the available custodial sentence can extend to life imprisonment.
Aggravated assault charge
Under section 268 of the Criminal Code, aggravated assault occurs when an assault wounds, maims or disfigures another person or endangers their life.
It is an indictable offence carrying a maximum adult sentence of 14 years in prison. The actual sentence following a conviction depends on factors including the seriousness of the injuries, degree of violence, use of a weapon, criminal record and other circumstances considered by the sentencing court.
Possession of a weapon for a dangerous purpose
Section 88 of the Criminal Code makes it an offence to carry or possess a weapon, imitation weapon, prohibited device or ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.
When prosecuted by indictment, the offence carries a maximum sentence of 10 years imprisonment. It may also be prosecuted summarily. Unless another penalty is specifically provided, the general maximum for a summary conviction offence is two years less a day in jail, a fine of up to $5,000, or both.
Youth accused faces different sentencing rules
The 17-year-old accused is dealt with under the Youth Criminal Justice Act, meaning the adult maximum penalties do not automatically apply.
For attempted murder, the YCJA allows a youth court to impose a custody-and-supervision sentence of up to three yearsunder the ordinary youth sentencing regime. Other youth sentencing options may also be available depending on the eventual findings of the court.
Because the accused is older than 14 and attempted murder carries an adult penalty exceeding two years, the Attorney General can, following a conviction and after providing the required notice, apply for an adult sentence. An adult sentence is not automatic: the Crown must satisfy the youth justice court that the statutory requirements for imposing one have been met.
No information provided by police indicates whether an adult sentence will be sought.
Investigation continues in Eabametoong
The investigation remains active.
The case also highlights the challenges surrounding serious incidents in remote Northwestern Ontario First Nations, where victims requiring a higher level of medical care may have to be transported out of their home community, as occurred in this case.
Police have not released further details about the circumstances leading to the alleged assault.
All charges are allegations that have not been proven in court. Edmund Lambert Moonias Jr. and the youth accused are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
