Alberta prosecutors seeking 10-year sentence for Indigenous man who killed infant daughter

His defense attorneys have sought a reduced sentence, urging the court to "view his actions through the lens of his history" and "societal challenges" he faced as an Indigenous man.

According to the Calgary Herald, on the evening of August 23, 2021, Kootenay got into a fight with his girlfriend, Brenna Hunter, and a friend while drinking at his home in the town of Morely after she accused him of doing drugs in front of their children. In an alcohol-fuelled rage, Kootenay beat Hunter and threw her and the friend out before taking his anger out on the infants.

When Hunter returned to Kootenay's home the following day, she discovered their 18-month-old daughter with a bloody nose. He told her that their 6-month-old daughter, Tanayah, had been taken to her grandmother's, but she did not believe him.

The Royal Canadian Mounted Police soon arrived at the home, and found Tanayah's body wrapped in a pink blanket in a suitcase in the basement. Further investigation revealed that "her head was caved in at the top," and that there was "a dent in the wall that appeared consistent in size and shape with an infant having been thrown against it."

Kootenay later admitted to fracturing her arms and ribs, dislocating her shoulder, and biting her back.

According to prosecuting attorney Geea Atanase, Kootenay had "blacked out several times" while drinking heavily and doing drugs that evening.

"Mr. Kootenay may well have been angry but the infant certainly didn't do anything to provoke the act," she said, pointing out that, Tanayah was "a small six-month-old with no ability to defend herself."

Both prosecutors and defense have sought to reduce Kootenay's sentence by two years to account for the time he's already served in custody since his September 2021 arrest, however, his attorneys argued for a further eight years, not 10, citing his circumstances.

"While the crime committed by Mr. Kootenay is undeniably tragic," defense attorney David Roper said, "it's important to view his actions through the lens of his history, societal challenges ... that acknowledges the complexity of his situation."

Atanase agreed that while such factors should be taken into consideration, their impact on the punishment he receives should be minimal.

Court of King’s Bench Justice Michele Hollins is expected to deliver her official sentence on September 25.