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His family has become more stable, with his older siblings now working, his mother employed at one job instead of three and his father on parole and working in the community.

“He is not the same kid who entered the system four years ago,” MacDonald said adding the youth needed time “to turn his life around.”

He has matured, MacDonald said. The youth is seen as a leader and mentor to the younger inmates and helps others navigate the rules of the jail. He wants to go to college and take a business and marketing program.

“(He) has shown he is ready for release into the community and his rehabilitation can continue there,” MacDonald said. “What else can he do?”

MacDonald said if Garson wasn’t willing to release the youth after the hearing, he suggested the judge set more goals for the youth and have the case come back in February before the youth turns 20 for an optional review.

But for 16 months before he was found guilty and sentenced, the youth had no blemishes on his in-custody record. Since then, he had two behavioural occurrences involving arguments with staff at the detention facility and one serious occurrence report from June 2019 that involved a fight in a washroom.

The youth gave a version of what happened during testimony at the hearing. He said he had been called on to meet another inmate with whom he’d argued over telephone time the night before. He held up a sign to the youth that told him to meet in the washroom.

Two of youth’s friends from home, who were serving time at the jail, went into the washroom ahead of him, he said, to watch the fight.