An Alberta judge criticized prosecutors for permitting too many relatives and family friends to address the court after a carjacker high on meth killed a nine-year-old Calgary girl, according to a story first reported by the National Post.
Justice Indra Maharaj made the remarks while sentencing Duane Nepoose to 10 years in prison for the Boxing Day 2024 death of Victoria Desjardins.
Nepoose had violently stolen a Dodge Caravan and was fleeing police when he drove through a red light at approximately 170 km/h. The resulting collision killed Victoria and seriously injured her mother, sister and another woman.
He pleaded guilty to robbery, fleeing police, dangerous driving causing death and three counts of dangerous driving causing bodily harm.
Twenty-two victim impact statements were submitted, with 18 presented to the court. Maharaj described their number, scope and content as “unusual.”
The judge said statements from Victoria’s immediate family and other direct victims were useful but questioned submissions from aunts, uncles, cousins and family friends. Some portions were disregarded because they described the hospital scene or memorialized the child.
Maharaj also admonished the Crown for allowing three of Victoria’s young cousins to present individual statements about losing her. She suggested their experiences could have been condensed into a single community impact statement delivered by an adult.
“While I accept that these young relatives were genuinely affected, their statements largely addressed the broader family and community impact of the death,” Maharaj wrote.
The judge similarly said a heartfelt statement from Victoria’s babysitter “tended toward a memorial” and could have been included in a collective family statement.
Under the Criminal Code, victim impact statements may describe the physical, emotional and financial consequences of a crime. Courts may exclude irrelevant, inflammatory or prejudicial material, but the law does not require extended families to consolidate their grief into a single statement.
Victoria was remembered as an outgoing and creative girl who loved nature and the outdoors.
Hellbound and Down 