St. Theresa Point Anisininew Nation Chief Raymond Flett speaks at a press conference confirming the identity of Ashlee Shingoose as Buffalo Woman at the Carol Shields Auditorium in the Millennium Library in Winnipeg in March.David Lipnowski/The Globe and Mail
When a serial killer was convicted last year of murdering four First Nations women in Winnipeg, the family of one of his victims, Ashlee Shingoose, never got the chance to speak about the impact of his crimes because her identity wasn’t known then.
A Manitoba judge is giving them that opportunity Friday in a special hearing, where members of Ms. Shingoose’s family and community will provide statements for the first time in court.
King’s Bench Chief Justice Glenn Joyal, who presided over Jeremy Skibicki’s high-profile trial and sentenced him to life in prison last August, said he decided to hold the hearing to not only validate the pain and suffering of Ms. Shingoose, but also to enhance public confidence in the legal system and promote institutional reconciliation.
Long-time lawyers and legal scholars consider it a historic move, saying they have never seen victim or community statements being presented after a trial’s conclusion. Some worry the hearing could set a problematic precedent, given that it is adding to a trial court’s record a year after the fact.
Indigenous traditions in trials can restore trust in justice system, Manitoba chief judge says
Figures compiled for The Globe and Mail by Statistics Canada show that these impact statements are highly uncommon, representing less than 10 per cent of all criminal cases across the country’s courts. When judges apply their discretion to receive such statements, they are presented before a sentencing, most often in writing. Oral presentations are unusual, but courts holding a postconviction hearing for them is so rare the occurrence is considered a statistical anomaly.
Justice Joyal, however, said this case has presented exceptional circumstances.
“The court has had to reflect on both the legal parameters and institutional duties and opportunities that this situation presents for the purpose of providing a fair process,” he said in a statement, describing the special hearing as “both appropriate and necessary.”
The judge said Ms. Shingoose’s loved ones are being afforded the same opportunity that was given to the families of the three other victims before the conviction.
Until recently, Ms. Shingoose, of St. Theresa Point First Nation, had been referred to as Buffalo Woman. That is the English translation of Mashkode Bizhiki’ikwe, a spirit name in Anishinaabemowin that Indigenous elders had given to her to provide the dignity of an identity since 2022, when she was killed at the age of 30 by Mr. Skibicki, now 38.
Last year’s trial revealed that Buffalo Woman was Mr. Skibicki’s first victim. He was also convicted for the first-degree murders of Morgan Harris, 39; Marcedes Myran, 26; and Rebecca Contois, 24.
Krystal Fox and Jeremy Contois, brother of Rebecca Contois, stand outside the Manitoba Law Courts after the guilty verdict of serial killer Jeremy Skibicki was read in Winnipeg on July 11, 2024.JOHN WOODS/The Canadian Press
In March, months after the sentencing, police found new evidence to confirm that Ms. Shingoose is Buffalo Woman. Her family had told police for years that she may have been connected to the killings.
The Manitoba government has committed to search for Ms. Shingoose’s remains in a Winnipeg landfill after a separate search successfully located the bodies of Ms. Harris and Ms. Myran in another landfill earlier this year.
Ms. Shingoose’s parents, Albert and Theresa, said they are grateful for the space to express their thoughts before court.
“This hearing will be an emotional and deeply personal moment,” Mr. Shingoose said briefly by phone, requesting privacy to prepare for the day.
Ashlee Shingoose, victim of Winnipeg serial killer, remembered as quiet and caring daughter
“We’ve wanted this opportunity to recognize our pain over what happened to our daughter for years,” his wife added.
Marie Manikis, an associate professor of law at McGill University who teaches criminal justice and sentencing, said victim impact statements are still a relatively novel tool in Canada’s legal process.
She believes the judge employing such statements for a new hearing in this case shows that their use can be broadened. “The main reason for this hearing is for cathartic purposes,” she said.
Gena Dufour, a researcher at the University of Windsor who has conducted extensive academic work on victim impact statements, agreed.
By and large, she said, “these statements are really the only way that victims of a crime can say their piece in court, so this is a creative approach for that offering of closure.”
A memorial with photos of Morgan Harris attached is shown as family and friends gather at a vigil in Winnipeg in December, 2022.JOHN WOODS/The Canadian Press
But Saul Simmonds, founder of the leading Winnipeg-based law firm Simmonds and Associates, is apprehensive that the hearing may give rise to a dangerous precedent, creating leeway for new arguments to reopen cases.
“While I applaud the court for being thoughtful and compassionate to the Indigenous community and trying to give them a voice, I am concerned we are opening doors we shouldn’t,” said Mr. Simmonds, a criminal defence lawyer since 1981.
“Some may argue on the contrary, but we have made it easier and easier to convict offenders in Canada,” he added. “The Charter remains the only integral part of our defence repertoire and quiver of options. Other than that, there has not been a single piece of legislation in the last 45 years that doesn’t favour the Crown or increase the likelihood of conviction.”
Tanya Talaga: Genocide is not in Canada’s past. It is still happening, to this day
Justice Joyal said the hearing will not affect the legal jeopardy of Mr. Skibicki, who is not required to be present.
Mr. Skibicki, who was being held in an Alberta penitentiary as of earlier this year, will not attend the hearing, said Leonard Tailleur from Legal Aid Manitoba, who was his defence lawyer during the trial. Peter Kingsley, executive director of Legal Aid, will attend on their client’s behalf. The lawyers declined to comment further.
Families of the other victims said they look forward to being in court to support Ms. Shingoose.
“We always remembered to bring up Buffalo Woman’s name for every proceeding,” said Elle Harris, who is preparing for a funeral for her mother, Morgan.
“We didn’t know her name, but it always felt like she was there in spirit with us. Now, we’re going to do our best to be there for her again,” said Donna Bartlett, Ms. Myran’s grandmother.
“Hopefully, it will be the last time in court for all of us,” added Jeremy Contois, Ms. Contois’s brother.