The B.C. Court of Appeal has dismissed an appeal of a dangerous offender declaration for a man convicted of stabbing his girlfriend and paralyzing her from the neck down.
Counsel on behalf of Trevor James Fontaine argued the sentencing judge failed to adequately consider Fontaine's aboriginal background.
However, in a decision issued Wednesday, Justice Pamela Kirkpatrick found evidence of Fontaine's aboriginal background was put before the court and although the judge did not explicitly refer to principles related to Fontaine's background in the sentencing decision, the sentence was fit.
"Notwithstanding the error to do so in this case, the stark fact is that Mr. Fontaine's risk of future violence cannot be controlled in the community," Fitzpatrick said in the decision, supported by two colleagues.
The dangerous offender designation is the toughest sentence available under the Criminal Code, with no opportunity for parole for at least seven years. Even if parole is granted, dangerous offenders remain under supervision for the rest of their lives.
In August 2008, he was assessed the designation for a December 2003 attack on Misty Frankliin during an argument in a home near Vanderhoof.
Fontaine had lost a previous appeal to have the trial overturned on the basis that the judge erred in law by giving improper instructions to the jury.
During the trial, Fontaine maintained he stabbed Franklin accidentally with a pair of scissors when he "hugged" her during a quarrel and had no criminal intent. Fontaine told the court he was cutting his hair as a symbol of ending their relationship after an argument over Franklin's use of cocaine that evening.
In contrast, Franklin testified Fontaine threatened her and insisted she cut his hair, and when she refused and walked away, was struck in the back of the neck and fell to the floor.
