The Saskatchewan Court of Appeal has reduced the sentence of former RCMP officer Bernie Herman from 11 to eight years for the manslaughter of his lover, Braden Herman, in a park north of Prince Albert in 2021.
In a decision dated April 30, Justice Georgina Jackson, with Justices Jerome Tholl and Jillyne Drennan concurring, ruled that the sentencing judge erred by not properly considering Herman's Gladue factors. These factors examine the impacts of colonization and systemic racism on Indigenous offenders.
Background of the Case
Herman, who served as an RCMP officer for over 30 years, was convicted of manslaughter after a judge-alone trial in January 2024. On May 11, 2021, while wearing his duty belt, he shot 26-year-old Braden Herman with his service weapon in a wooded area after leaving work. The two shared the same last name but were not related.
At the time of the killing, the pair were in an intimate relationship. The trial heard that Herman, his wife, and the victim lived in the same home, with Herman often sleeping in the basement with Braden. Their relationship was described as tumultuous and violent, with witnesses testifying that Braden had assaulted Herman and his wife.
Appeal Court's Reasoning
The appeals court stated that determining the interplay between Gladue factors and an offender's moral culpability is a rigorous and complex process. Herman's Gladue report indicated he carries multiple forms of trauma from attending Indian Day School, as well as experiencing sexual abuse and witnessing domestic violence as a child.
The trial judge had said he did not see these findings as shaping Herman's personal circumstances or leading to his offending. However, the appeal court cited Supreme Court of Canada case law, noting it is an error to require a causal link between background factors and the commission of the current offense for them to be considered in sentencing.
The court also found the trial judge failed to consider how Herman's past experiences with domestic violence might have influenced his decision to end the relationship with the victim. Additionally, more weight should have been given to Herman's lack of a prior criminal record and his low risk of reoffending.
Outcome
With credit for pre-sentence custody, Herman's remaining sentence is just over seven years. The court upheld the manslaughter conviction and dismissed the Crown's appeal challenging the acquittal on second-degree murder charges.
