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Watch: In a regular feature, StarPhoenix court reporter Bre McAdam talks about some of the cases that went through Saskatoon courts this week.

A 27-year-old man with the intellectual comprehension of a 10-year-old thought he was having a consensual relationship with a “peer” when he had sex with his 15-year-old niece, a Saskatoon courtroom heard this week.

When the girl — who had been estranged from her family for years — met her uncle for the first time in 2014, the pair started texting and exchanging naked images, which eventually progressed to sexual intercourse in a mall parking lot, court heard. The victim’s mother found out about the illegal tryst and reported it to police.

The man, who is now 30 years old, can’t be named to protect the identity of his niece. He pleaded guilty to one count of sexual interference. The Crown agreed to proceed summarily on the charge, which carries a less severe minimum sentence of 90 days in jail compared to the one-year minimum on the indictable version of the charge.

Defence lawyer Kevin Hill said he struggled to find an appropriate way to address the unique circumstances of the case. His client is semi-illiterate and has an extremely low IQ and the social skills of a mid-elementary school-aged child, according to the findings of a psychiatric report.

“I’m not confident he really understands how society sees (this) situation,” Hill said.

Crown prosecutor Lana Morelli said it’s “not right” that the family blames the victim, and the victim appears to blame herself. In her written statement, the girl said she did not want her uncle to go to jail because it wasn’t “all his fault.” She also described having anxiety attacks and feeling uncomfortable with her body.

Even if they were around the same age mentally, the offender was physically and biologically a man, Morelli argued.

The Crown and defence jointly proposed the 90-day minimum sentence. Hill said the offender’s cognitive disabilities require a different approach to sentencing, adding it’s likely he will never re-offend. Although a similar conclusion was reached through an assessment tool, Morelli said the man must learn to have “age appropriate relationships.”

Consent doesn’t matter in this case because an adult cannot legally have sex with a person under the age of 16, Judge Barry Morgan noted. However, he found the offender clearly believed he was in a “peer to peer” relationship. Court heard the man hasn’t breached any of his conditions and has a strong support network.

“You’ve got a lot of positives going for you,” Morgan said before accepting the joint submission. He ordered the man to serve his 90-day sentence intermittently (strung out over a longer period of time) as a “better way to bring (the punishment) home.” The sentence also includes a three-year probation order.

The offence is serious, and denunciation is the rule, but rehabilitative measures are necessary to prevent reoffending, Morgan ruled. He ordered the man to participate in any sex offender treatment ordered by his probation officer.

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When Justin Kenneth William Salt stabbed a Saskatoon taxi driver in the head with a pair of scissors, it was almost like he wanted to be caught.

The whole thing was “unusual,” Salt’s lawyer told a Queen’s Bench judge.

Salt gave the man time to leave the van cab after pulling out the scissors and telling him, “I’m going to hurt you; you better call police.” Video surveillance shows Salt calmly emerge from the passenger side, transferring a pair of scissors from one hand to another. He followed the driver, who slipped and fell on the icy street, and punctured him on the top of his head, according to the facts presented in court.

Salt then walked back to the Manchester Brew Pub off-sale on 33rd Street, where the cab had stopped so Salt’s friend could buy alcohol, and waited for police to arrive, Crown prosecutor Evan Thompson said. There was no evidence the assault on Nov. 14, 2014 was part of a robbery.

The offender, who was 19 years old at the time, initially denied everything to police, but pleaded guilty to assault with a weapon following a preliminary hearing last June. Court heard Salt was having one last “bender” before going into rehab; he claims he was heavily intoxicated on the night of the assault, even though Thompson said there was no evidence of intoxication at the time of the stabbing.

Thompson argued for a six-month jail sentence, followed by a year on probation, saying the offence is serious enough to require custody. The threat, the pursuit that followed and the fact that the crime was against a particularly vulnerable worker are aggravating factors, Thompson said.

Defence lawyer Kathy Hodgson-Smith agreed with the Crown that an assault on a taxi driver who was working alone at 3 a.m. is significant. But she argued the injury was minimal and Salt isn’t a risk to public safety because he’s been incident-free while on release for more than two years.

Speaking to the judge, Salt said his actions that night were a “cry for help” — a reaction to a recent traumatic event. The assault had nothing to do with the driver and not a day goes by that he doesn’t think about the man he hurt, Salt told Justice Gerald Allbright.

He also said he’s undergone a “rigorous transformation” since he started treatment for his alcoholism. Hodgson-Smith argued a suspended sentence would address her client’s rehabilitative needs.

The victim had every reason to believe his life was in danger, Allbright said, noting the terror in the man’s voice during his 911 call. Society has to know that the justice system is concerned about protecting taxi drivers, he added.

Noting a jail term would be the norm for this kind of offence, Allbright also stressed that sentencing is an individual process. He gave Salt a one-year probation order, taking into account the man’s personal circumstances leading up to the stabbing, his favourable pre-sentence report and his lengthy track record of being a positive member of society.

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Sexual assault allegations against Mark Donlevy, a Saskatoon registered massage therapist, have now reached a total of 10 after an additional charge was introduced in provincial court.

On Tuesday, Donlevy’s lawyer entered not guilty pleas on his behalf. Nine of the complainants were Donlevy’s clients, while one of the allegations is unrelated to his practice. Preliminary hearing dates are set for October and January.

The 48-year-old was initially charged in November 2016 with sexually assaulting two female clients between October 2013 and July 2016. Then in April, seven more women came forward, alleging he inappropriately touched them between 2003 and 2015.

Donlevy was a member of the Massage Therapist Association of Saskatchewan (MTAS) at the time, running his business — MD Muscle Therapy — out of his Saskatoon home in the 1200 block of Main Street.

Speaking outside court, Lori Green, executive director of MTAS, called for legislation to be passed to create a regulatory body for massage therapists in the province. She wants transparency for members of the public, she said.

“They have no access, as they would in a regulated division, to check the websites and to ensure that somebody has the proper education to be a massage therapist or does not have any pending charges or dismissals against them.”

MTAS is a self-regulating association, and if it has an issue with a member before anything goes to court, it cannot post that information on a website because of privacy reasons. Complainants would have to come forward to the association and sign a document giving MTAS permission to investigate, “And when they’re not guaranteed any real safety and protection from an association, they’re hesitant to do that,” Green said.

In Donlevy’s case, “there were certainly steps we perhaps could have taken sooner,” Green said. “And we could have certainly published on our website about the alleged rumours.”

While there are standards of practice and codes of ethics within MTAS, there’s no law behind them. The only thing MTAS can do is remove someone from the association, but Green said there’s no way to ensure they don’t continue working.

“There’s nothing that stops anybody in Saskatchewan from practising massage therapy. So at the end of the day, I could have several charges against me and continue to practise (out) of my home.”

Through an emailed statement in December, the provincial government said a consensus between stakeholders — specifically, members of the Massage Therapists Association of Saskatchewan and members of the Natural Health Practitioners of Canada — on legislation “has been difficult to reach” and that no report has been provided to the Ministry of Health.

Four provinces have professional massage therapy colleges: British Columbia, Ontario, New Brunswick and Newfoundland.

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A legal aid lawyer has requested a psychiatric assessment for Justin James Crowe, the 25-year-old man who stands accused of attempted murder in the beating of a wheelchair-bound man in downtown Saskatoon.

Crowe, who is charged with attempted murder, uttering threats and breach of a court order, appeared Wednesday by video in Saskatoon provincial court. His legal aid defence lawyer told court that criminal responsibility and fitness to stand trial are at issue after correctional staff this week reported “extremely bizarre behaviour.”

Crowe is scheduled to appear again Friday via video to see if a psychiatric assessment can be done.

Robert Carignan was out with his dog on Sunday morning when a man pulled him from his wheelchair and assaulted him at Spadina Crescent and 23rd Street shortly after 7:30 a.m. Police chased a suspect on foot.

Justin Crowe was apprehended downtown a short time later. Crowe and Carignan do not know each other, police and family have both confirmed. According to Crown prosecutor Dan Dahl earlier this week, Crowe yelled “You’re going to die today” at Carignan and then thrust kicked his head into the curb during the attack.

Carignan, who suffered life-threatening injuries in the attack and remained in hospital this week, has Kennedy’s Disease, a genetic condition that causes muscle weakness. His brother “was unable to defend himself with any degree of force or duration,” Denis Carignan said, calling the attack “unprovoked and extremely violent.

Robert Carignan was assaulted on July 23, 2017 in Saskatoon while along the riverbank with dog Molly.

“It is difficult to try to rationalize what happened (Sunday), as the motive for the attack does not appear to have been robbery. Robert was simply doing what he does every weekend morning — taking his beagle Molly for a walk along the river. Unfortunately, (on Sunday) he was caught in the path of someone filled with rage. Robert does not know the assailant nor had he ever seen him before,” Denis said in an emailed statement.

“We anticipate that his physical recovery will be long and difficult. We are hopeful that his injuries will not be permanent, but it is too early to know at this point. We are also concerned about his emotional well-being resulting from this trauma.”

On Tuesday, Winnipeg police confirmed Crowe was charged with a similar offence in connection with an incident on May 4, 2016 against a 63-year-old man who was beaten with a skateboard in a Winnipeg Transit bus shelter after he was asked to stop smoking.

On May 10, 2016, Winnipeg police arrested Crowe and charged him with aggravated assault, possession of a weapon and three counts of failing to comply with a court order. Three days later, according to Manitoba Justice, he appeared in bail court and was released on numerous conditions, which included residing with an aunt in Deer Lake, Ont. He was ordered to remain there unless the court gave him permission to leave.

In September 2016, a Manitoba-wide warrant was issued for Crowe’s arrest on new charges; the warrant was executed on Nov. 12, 2016. That same day, Crowe was re-released on a promise to appear in court. After failing to show up for court in May, another arrest warrant was issued.

— With files from Morgan Modjeski, Saskatoon StarPhoenix

Standing in the prisoner’s box in a Saskatoon provincial courtroom, Khaliq Rajaby insisted he is not the person court staff say he is.

During his first court appearance Tuesday morning on charges of auto theft and breaching probation, the 30-year-old denied having the name and birthdate read out to him by the judge, trying to explain there had been some sort of mixup with Canada Border Services.

Rajaby is accused of stealing a taxi from the Saskatoon airport on Monday morning. Court documents show he was on a probation order from an Ontario court with a condition that prohibited him from driving any vehicle not registered in his name.

The Crown prosecutor indicated possible mental health issues will be canvassed. The case was adjourned until Thursday.

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Trial dates have been set for the man charged with second-degree murder in the death of 22-year-old Colten Boushie.

The Saskatchewan Court of Queen’s Bench confirmed Gerald Stanley’s trial is scheduled from Jan. 29 to Feb. 15, 2018 in Battleford. It will be a jury trial.

Stanley, 55, was committed to stand trial after a three-day preliminary hearing in April. He is currently out on bail.

Boushie, a resident of Red Pheasant First Nation, was one of five people inside a vehicle that drove onto Stanley’s property in the RM of Glenside near Biggar on Aug. 9, 2016. He was fatally shot during a confrontation, igniting racial tensions across the province.

Colten Boushie gives a thumbs up after completing a firefighting course. The 22-year-old was fatally shot on Aug. 9, 2016.

Details presented at Stanley’s bail hearing and preliminary hearing are subject to publication bans. Preliminary motions are set to be heard in November and December before the trial, according to the court.

When asked for comment on the upcoming one-year anniversary of the shooting, Stanley’s lawyer, Scott Spencer, provided an emailed statement.

“As I have indicated throughout, I don’t believe that media attention with respect to this matter is helpful or in anyone’s interest. We are focussing (sic) on preparation for trial,” Spencer wrote.

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In 2015, a judge gave Michael Dozie Chukwu a 10-year prison sentence for picking up a package, destined for Saskatoon from Uganda, containing $1.5 million worth of heroin.

Chukwu had just over seven years remaining on his sentence after receiving credit for time spent on remand. Last month, he was granted full parole on his first eligibility date after serving just over two years in custody. Chukwu is from Nigeria and will be deported to serve the remainder of his heroin trafficking related sentence in that country, according to Canadian law.

The Parole Board of Canada decision, issued last month, cited Chukwu’s desire to work on the family farm as a reason for his release. The 41-year-old is also considered a low risk to reoffend and has behaved while in custody, the decision states, noting Chukwu has a “limited criminal history.”

That history includes several fraud-related convictions from 2009. In fact, Chukwu was appealing a deportation order as a result of those offences when he picked up a package from a UPS outlet in June 2013. The parcel had previously been intercepted in Germany, where customs officials discovered half a kilogram of heroin.

A controlled delivery was made to Saskatoon and Chukwu was arrested when he arrived at his apartment, drugs in tow. Police also found several fake citizen cards, SIN numbers and driver’s licences. At his parole hearing, Chukwu admitted he was provided with several fake IDs because he had agreed to future drug pickups if the first one was successful.

“This was new information confirming that you offended for financial gain over and above your need to have your car repaired,” the decision states.

Despite that, and the fact that it was not a “spur of the moment decision,” the board concluded Chukwu is not a risk to society and that his release “will contribute to the protection of society by facilitating (his) reintegration into society as a law-abiding citizen.”

Chukwu can only be released into the control of the Canada Border Services Agency, which will carry out the deportation order. He is also required to inform the Parole Board of Canada and Correctional Service of Canada if he plans to return to Canada before his sentence expires.

Parole is considered a continuation of a sentence, served under supervision in the community. Most offenders become eligible to apply for parole for after serving one-third of their sentence.

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As he swam across the South Saskatchewan River in Saskatoon, flailing and yelling, Curtis McKenzie was high on meth and determined to get away from the police officers and fire crews trying to rescue him.

He would periodically dip under water as officers tried to grab onto him from a fire rescue boat near the University Bridge last Thursday night, Crown prosecutor Frank Impey said during McKenzie’s sentencing hearing this week in Saskatoon provincial court.

One officer leaned his body over the boat’s edge while a second officer held onto his belt to ensure he didn’t fall into the river. McKenzie refused to get on the boat, yelling “f–k the police,” so the officer dangling over the boat grabbed hold of him and tried dragging him to shore. McKenzie resisted even harder and pulled the officer further down, according to the Crown.

“So they’re risking their lives to pull (McKenzie’s) body out of the water?” Judge Brent Klause asked.

“And he assaults them while they’re doing that,” Impey replied.

Court heard the officer punched McKenzie so that he would calm down and stop pulling him into the water, but McKenzie broke free and punched the officer twice in the face. Police eventually got him to shore and had to carry him up to a waiting police car.

On Tuesday, McKenzie, 25, pleaded guilty to assault and mischief for breaking a sprinkler head and causing a flood in his detention cell. He was sentenced to five months in jail, consecutive to the time remaining on an aggravated assault sentence for which he had been on statutory release.

“I just can’t believe what happened,” McKenzie said in court, adding he does not know how he ended up in the river.

“I feel so bad. There’s no excuses for what happened. I take full responsibility.”

His lawyer, Kim Armstrong, said McKenzie had been doing well on statutory release: he was sober and had secured a job; but when stressful situations arose in his life, he coped by mixing alcohol with meth.

McKenzie said he let down a lot of people, including his support network at STR8 UP, a local organization that helps people leave gangs and live healthier lifestyles. Judge Klause urged McKenzie to continue his involvement with STR8 UP and stay away from drugs and alcohol.

He also asked the man about the bandages covering his face. McKenzie said he became suicidal and cut his nose off while in solitary confinement at the penitentiary.

“I’m just disgusted with myself that I’m back (in custody),” he told court.

“When I’m sober I’m like one of the nicest people you could meet.”

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One of three teens charged in connection with the death of La Ronge restaurant owner Simon Grant is out on bail.

The 14-year-old boy, whose identity is protected under the Youth Criminal Justice Act, was released from custody following a hearing in La Ronge last month. The judge’s reasons for allowing his release are banned from publication.

The teen must abide by several court-ordered conditions, including reporting to a youth worker and living at an approved residence. He is also prohibited from being in La Ronge except to attend court, and he cannot have drugs, alcohol or weapons.

Grant was 64 years old when he died on April 15 after he was assaulted during an armed robbery at his business, Louisiana’s BBQ Restaurant. The 14-year-old, a 17-year-old boy and 18-year-old Austin Bird are charged with second-degree murder and armed robbery. Mathew Nagy-Charles, 18, is charged with accessory after the fact to murder.

Grant’s widow, Cora Laich, said she was in an airport when she learned of the teen’s release.

“I was definitely taken aback. At first it was just sort of like, what am I supposed to feel? And then almost a numb feeling, mostly because I had to digest the information.”

Laich said she was notified about the bail hearing an hour before it took place. She believes she should have been given the chance to be involved in the process, she said.

It was also frustrating to hear, from a friend, that the teen was spotted at a mall last week, she said.

“My husband was brutally murdered and in a little over three months, one of the accused is walking in a mall in Prince Albert. Not only for myself but for my daughter, and also an illustration to other young people, that you can do this and be released in a minimal amount of time,” Laich said.

The youth released on bail is scheduled to return to court in September.

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Bus Stop Refreshments has been a fixture in downtown Saskatoon since 1989, when the red double-decker bus opened its windows and began serving old-fashioned ice cream and “riverbank franks.”

Here’s five things you may not have known about the big red bus, from reporter Bre McAdam.

When the wheels did go “round and round”

After coming over from London with two other identical buses in 1956, the 1948 Bristol is now the only surviving bus of its kind in Canada, owner Laurel Beaumont’s been told. It was a special “low-bridge bus” meant to service the rural routes of London; however, it did run in London proper for a few years because of a bus shortage after the war.

The double-decker eventually made its way to the prairies and was used in a restaurant before Beaumont snatched it up.

2. Not your typical food truck

When Beaumont saw the bus for sale in the Regina Auto Trader, she knew it was a sign. The thought of turning a bus into a takeout restaurant had already crossed her mind while on vacation, so she scraped together the cash, drove the bus to her parents’ farm and renovated it over the summer. Beaumont did a few exhibitions, serving fish and chips, but decided to secure a permanent location at the corner of Spadina Avenue and 21st Street.

“I think it’s better to be where everyone knows where you are. When you’re moving all the time it’s difficult to get that customer base.”

3. Nostalgia food

Why ice cream and hotdogs? It’s the kind of food that brings back childhood memories, Beaumont replies.

“So you can’t help but flash back to when you take that bite of Tiger Tiger or that first lick off that Bubblegum cone that you used to love when you were little.”

Other than swapping out a few flavours over the years, Beaumont’s menu has remained untouched.

“People always know that their favourite thing is still going to be here.”

4. Star Power

It could be why locals recommend the red bus to celebrities when they visit Saskatoon. Over the years, Beaumont has seen everyone from Jann Arden (and her dog) to Carrie Fisher (who she didn’t recognize at first).

She tenderly recalls shaking hands with Leonard Cohen when the beloved musician stopped by for a cup of coffee. Canadian astronaut Chris Hadfield recently came to the bus for a hotdog — and stayed for a selfie.

5. A legacy locale

Star sightings are great, but it’s the generations of families that get Beaumont excited, like when staff members bring their kids for ice cream. She loves watching her young customers grow up: one summer there’s little fingers at the window, the next a top of a head.

After a busy day, Beaumont likes to remind her staff that they’ve made a ton of memories.

“To serve ice-cream all summer, it’s just the best job in the world.”

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Just two months after Ryan William Hillman finished serving a three-and-a-half year sentence for conspiring to traffic marijuana, the secretary of the Fallen Saints Motorcycle Club will begin serving another jail term.

Hillman, 30, was sentenced on Thursday in Saskatoon Court of Queen’s Bench for participating in an assault for the purpose of enhancing a criminal organization and for the unlawful transfer of a 12-gauge shotgun. He received a one-year sentence on each charge after Justice Mona Dovell accepted a joint sentencing submission from the Crown and defence.

The Criminal Code states that organized crime offences must be served consecutively to any other sentence. The participation offence is the “least culpable” of the organized crime offences, with most sentences in the range of one to three years, Hintz said in arguing for the joint submission.

The charges were laid as a result of Project Forseti, an investigation targeting the Fallen Saints and Hells Angels that involved intercepted conversations and a drug dealer turned police agent. Hillman, who has been in custody since the Project Forseti “take down” in January 2015, was the only Fallen Saints member who did not receive bail, court heard.

On Dec. 30, 2014, Hillman helped assault Travis Miles, an affiliate member of the Fallen Saints. Miles was being disciplined for lying and was given two choices: leave the club or take a minute-long beating, according to an agreed statement of facts.

Court heard the assault did not last the full minute because Miles was unconscious after 30 to 40 seconds. The beating sent a message that there would be consequences for people who did not abide by the organization’s rules, and was meant to intimidate members into behaving a certain way, federal Crown prosecutor Lynn Hintz told court.

She said the Fallen Saints is a criminal organization because its main activity was committing crimes.

Hillman initially thought he was joining a motorcycle club, but “things changed,” according to his lawyer, George Combe, who said his client is remorseful for what happened to Miles.

Hillman told Justice Dovell that he wanted to own up to his mistakes from day one.

“I’m getting too old for this. You will never see me again,” Combe said, quoting Hillman, who court heard plans to go back to painting houses once he is released.

Dovell said she will recommend that Hillman serve his sentence at either the Saskatoon Correctional Centre’s Urban Camp Program or at a community training residence as soon as he’s allowed.

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MELFORT — Crystal Gaja often finds herself standing at her window, waiting for her son to emerge from the trees on his way home for lunch — a routine she deeply misses since Justin was killed in a construction-zone collision.

Through a victim impact statement, Lisa Skalicky said she had to leave her home because it reminded her of her son, Kristian.

Shelley Enns said she can’t set foot in her town’s grocery store, where she went shopping with her son Carter just before he left for football camp.

The three boys were returning home from the football camp on May 3, 2015 when a semi rear-ended their car, which was stopped in a construction zone on Highway 6 near Spalding, Sask.

The semi driver was 41-year-old Normand Mark Joseph Lavoie. In May, he pleaded guilty to three counts of dangerous driving causing the deaths of 14-year-old Justin, 17-year-old Carter and 15-year-old Kristian, and one count of dangerous driving causing bodily harm to flag person Sam Fetherston.

An agreed statement of facts was read out on Tuesday during Lavoie’s sentencing hearing at Melfort Court of Queen’s Bench.

The semi was going a minimum speed of 84 kilometres per hour when it struck the boys’ car, pushing it into the back of a truck, which hit and injured Fetherston. Court heard the three teens — all high school football players from Carrot River — died on impact.

Lavoie, a truck driver from Manitoba, told a police officer that he wasn’t used to the flat Saskatchewan roads and believes he was on “autopilot” before the crash. Crown prosecutor Tyla Olenchuk said Lavoie would have missed six signs warning of a construction zone in the first 600 metres of the 1.6 km zone.

Lavoie said he does not recall entering the zone or seeing the signs. He only remembers hearing something, looking back at his dog in the cab, and then seeing the back of a car when he turned around, the agreed statement of facts states.

Lavoie was diagnosed with mild sleep apnea after the collision, but told police “I didn’t fall asleep behind the wheel.”

Olenchuk argued for a six-year sentence followed by a nine-year driving ban. The number of deaths, Lavoie’s “reckless behaviour” and his status as a professional driver are all aggravating factors, she said.

Olenchuk said Lavoie should receive a higher sentence than Keith Dunford, who was sentenced to two years less a day for hitting and killing 18-year-old flag person Ashley Richards in 2012, because there were more deaths in his case and Dunford was not driving in a professional capacity at the time.

The sentence needs to send a message about dangerous driving in construction zones, Olenchuk told Justice Mona Dovell.

(From left) Justin Gaja, Kristian Skalicky, and Carter Stevenson were teammates on Carrot River school’s football team.

Lavoie has taken full responsibility for what happened, even though there’s no way to know for sure if he was sleeping or “zoned out,” defence lawyer Michael Nolin told court, arguing for a sentence of two years plus a day. He said Lavoie wants a federal term so that he can be transferred closer to his wife and three kids.

Court heard Lavoie’s mother and grandmother were killed by a semi driver. He wanted to ensure that type of tragedy never happened again, but failed “catastrophically,” Lavoie said, weeping in court.

“Every night I can barely sleep. All I think of, all I see is that accident. (The victims’) pictures are seared in my brain. I’m never going to forget them for the rest of my life.”

Dovell reserved her sentencing decision until Sept. 11.