Kiera Bourque has been sentenced to one year in prison, followed by two years' probation, for the manslaughter death of her 17-year-old boyfriend.
The 23-year-old Penticton woman was dating Devon Blackmore at the time of the incident in April 2017 and claims he asked her to inject him to help with pain from a then-undiagnosed severe lung infection. She obliged, using illegally obtained morphine and causing Blackmore to overdose.
Judge Weatherill prefaced his decision by explaining his sentencing duty was to "follow the law," adding that "I hope in time that all of Devon’s family and friends will be able to grieve … and come to peace with the sentence I’m about to impose.”
There is no mandatory minimum sentence for manslaughter, and the maximum is life in prison.
Weatherill spoke to Bourque's progress with employment, substance abuse treatment and years of clean living.
"It is apparent that you are a young woman with a positive and bright future ahead of you," Weatherill said, adding he was moved by Bourque's apologies and tender way of speaking about her love for Blackmore. "Your sincere remorse is noted."
He also addressed emotional victim impact statements shared with the court by Blackmore's family.
"In a word, these victim impact statements are gut-wrenching. The devastation Devon's death has had on his family cannot be understated."
Weatherill said aggravating factors affecting his sentence decision included the age gap between Blackmore, 17 when he died, and Bourque, 20 at the time, putting Blackmore in a "vulnerable position." Mitigating factors included her guilty plea, saving the family "the agony of a trial."
"My role as your sentencing judge is to assess your moral culpability," Weatherill explained, speaking directly to Bourque. "I must consider the intentional risk you took in injecting Devon."
He said has had an extremely difficult time with the sentence, weighing the loss of a young man's life with what he called obvious remorse in Bourque, and what he described as an act of manslaughter "on the accidental end" of the spectrum of such crimes.
"Devon and you loved each other, From the moment he started having seizures, up until today, you've done everything right," Weatherill said to Bourque. "What you did was reckless senseless and naive, you should have known better."
Ultimately, Weatherill chose a balance between the Crown request for three years in prison and Bourque's counsel's request for three years' suspended sentence to be served in the community. Bourque will spend one year in prison, followed by two years' probation with strict curfews and restrictions. She will also need to pay for funeral costs.
"I want to make it clear to everyone here that this sentence is in no way a reflection on the value of Devon's life," Weatherill said, adding the jail time "will not bring Devon back."
Weatherill finished by telling Bourque "I hope you will use the time you spend incarcerated and your probationary period productively. I wish you well."
