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Ottawa

Crown calls for another year in custody for teen in racist graffiti spree

Crown prosecutors want a teen who pleaded guilty in a racist spray-painting spree to spend another year in custody without credit for the 281 days he has already served in detention, but his defence says he should be released on probation.

Defence wants probation instead of more time in custody, opposes DNA order and police visits

An Ottawa teen who spray-painted racist symbols and slurs on several buildings in November 2016 has been sentenced to spend another three months in the youth justice system. (Facebook)

Crown prosecutors want a teen who pleaded guilty in a racist spray-painting spree to spend another year in custody without credit for the 281 days he has already served in detention, but his defence says he should be released on probation.

The Crown and defencemade theirfinal sentencing arguments Monday fora teen responsible forwhat has been described as a "week of terror" in Ottawa last November.

Between Nov.13 and Nov.19, the teen vandalized two synagogues, a Jewish prayer house, a mosque and a church with racist slurs and white supremacist symbols including swastikas.

The teen cannot be named because he was a few weeks shy of his 18th birthday at the time of the offences.

He pleaded guilty in February to inciting hatred, mischief against religious buildings, threatening conduct, weapon possession and breaching conditions imposed after a previous conviction.

Earlier this month,Justice PeterGriffithsdenied a request to have the 18-year-old sentenced as an adult.

The maximum sentence the teen could receiveis three years in the youth justice system.

Crown wants DNA sample, police visits

In addition to another year in custody, the Crown is asking for two years of probation, a ban on weapons, an order to stay away from the religious institutions the teenvandalized, an order to submit a DNA sample, an order to stay at home between sunset and sunrise, and a ban on internet access and cellphone use.

Police should also be allowed to make random visits to the teen's home to ensure he abides by the curfew and internet ban.

And the teen should be encouraged to attendtreatment and counselling, although he cannot be orderedto do so.

Crown attorneyMoiz Karimjeeargued in court Monday that the additional year of custody is necessary "for deterrence and denunciation."

He added that while the youth was in custody, he carved a swastika into a desk, attacked a Muslim youth who had just finished praying, and wrote an anti-Semitic slur.

Defence seeksrelease

Defence lawyer Jasna Drndaargued in court Monday that the teen should be released from custody with two years of probation.

The teen should get 14 to 15 months of credit for the nine months he's already served in custody, Drndatold court, adding that it's better for the teen to get help outsidethe youth justice system.

The fact that the teenpleaded guilty, was a minor at the time of the offences, expressed a desire to change and could have a serious mental illness are are mitigating factors, Drndaargued.

She opposes the DNA order and doesn't want police to be allowed to check his home or street, arguing that wouldviolate the teen's Charter rights.

Teen apologizes

Asked by the judge whether he had anything to say in court Monday as sentencing submissions came to a close, the teen addressed the courtroom.

"I'm sorry for the people in the community that I've affected," the teen said.

He will be sentenced Thursday.

18-year-old progressing,judge says

Explaining his decision to sentence the teen as a youth earlier this month,Griffiths told courtthe public is best protected if the young man is rehabilitated, and he expressedconcern thatremoving him from youth custodywould cut him off from the counsellingand vocational training programs he's been taking part in. Griffithsadded those programs seemto have had a positive influenceon the teen.

My hope is that it's a genuine change of heart and desire to grow.- Rev. Anthony Bailey

During the hearing, witnesses fromthe Youth Services Bureau of Ottawa's William E. Hay Centre saidthe teen is showing signs of progress.

They testified he told counsellors he's interested in finding out how to remove racist tattoos from his body, expressed an interest in mental health counselling, and has shown progress in paid vocational training while in custody.

Teenbeatanother youth while in custody

The judge noted, however, that while the teen was in custody in early June, he beataMuslim youth who had finished praying.

"No one knows why he did it," the judge said during his decision.

The Crown also presented a number of concerns before the court,including a risk assessment from a forensic psychiatrist of the teen's likelihood of re-offending.

The assessment suggestednearly six out of 10 menwho'd scored as high as the teen on the assessment had committed another violent offence within five years.
Rev. Anthony Bailey's church, Parkdale United, was one of the religious buildings defaced with racist and anti-Semitic graffiti by an Ottawa teenager who faces a possible three-year jail term for the crime. (Amanda Pfeffer/CBC)

Some of those who submitted impact statements to the courtfor the November attacks against religious buildings expressed uncertainty over the decision not to sentence the youth as an adult.

"My hope is that it's a genuine change of heart and desire to grow," said Rev. Anthony Bailey outside the courthouse earlier this month, addinghe hoped the progress noted by the judge wasn't just a "ploy" to avoid being sentenced as an adult.

History of violence

During several weeks of hearings, Karimjeepresented evidence detailing a violent12-month periodprior to the November attacks.

His convictions include an attempted robbery in August 2016 for trying torob a 73-year-old woman using a knife.

He had also been convicted of assault following an attack against another teen in the same grade at a local high school in 2015.

CBC reported on that conviction, detailed in an ongoing Ontario human rights complaintagainst the high school and the school board.

In the complaint, which is set to be heard later this fall, the family of the victim in the attack describes the teen as a troubled, violent youth with a penchant for engraving swastikas and hateful language onto students' property, school equipment, and even a teacher's car.

With files from Laurie Fagan