P.A. man responsible for infant son’s death receives 16 years in prison

By Nigel Maxwell

Just over two years after a 13-month-old boy was killed by blunt-force trauma inside a Prince Albert house, the boy’s father has received a sentence of 16 years, eight of which he has to serve before he’s eligible for parole.

Kaij Dean Paul Brass, 26, appeared Monday afternoon at Court of King’s Bench in Prince Albert.

The case, which dates back to Feb. 10, 2022, was originally scheduled for a two-week trial. Brass originally faced a charge of second-degree murder, but entered a guilty plea to the lesser charge of manslaughter instead.

On that morning, police responded to a complaint of a family dispute. Following the visit, they took the child’s mother to police cells.

Just before 11 a.m. that same day, police went back to the home after a report of a homicide of a child. Once police arrived they found Tanner Brass dead and arrested Kaij Brass.

According to facts read in court by Crown prosecutor Rob Parker, an intoxicated Kaij had initially kicked the mother out of the house.

“He told her to correct her behaviours (in terms of alcohol),” Parker said, adding Brass acted as a sort of bouncer blocking the door.

Tanner, who had witnessed his parents fighting, was crying and a frustrated Brass responded by spanking his son seven or eight times, and also hitting him with an open hand on the chest and head area.

Despite the fact Tanner was bleeding from the mouth, Brass believed his son would be OK and went to sleep. After waking up, he noticed Tanner was unresponsive and after trying to revive the child in the tub and attempting chest compressions, Kaij called 9-1-1.

Brass told the dispatcher he had killed “his baby.”

Outside the courthouse, Parker acknowledged the sentence was on the higher end for a charge of this nature.

“And from the Crown’s perspective, it needed to be that way to address the seriousness of the offence, the vulnerability of the victim, and the aggravating nature of what had taken place,” he said.

When given the opportunity to speak, a visibly emotional Brass apologized for his actions. His lawyer, Zachary Carter, noted Brass had struggled with an alcohol addiction and had come from a broken home and was subjected to abuse, but said his client makes no excuse for his actions.

“He did not intend to cause his son’s death but he takes full responsibility,” he said. “He may never forgive himself.”

READ MORE:

• Sentencing for father who killed toddler after officers failed to check on child
• Neglect of duty found by Prince Albert police officers in young child’s death
• FSIN calls for inquest, firing of Prince Albert police officers after toddler’s death

The response by police to the West Hill home sparked criticism from the Federation of Sovereign Indigenous Nations (FSIN). Blatant discrimination and systemic racism were the terms used by leaders at a news conference.

During his impassioned speech, Chief Bobby Cameron said the mother – who also has family connections to Thunderchild First Nation – on multiple occasions pleaded with officers at the home, in the police car and in the prison cell to watch over her baby.

The FSIN and Prince Albert Grand Council said they carried out their own investigation which found the mother was fleeing a domestic violence situation. When officers arrived, the two groups said, they assumed her fear was alcohol-related and arrested her for intoxication, ignoring her pleas for help.

The Prince Albert Police Service responded a week later, suspending two members with pay from active duty.

The Saskatchewan Public Complaints Commission (PCC) was also asked by the city’s former police chief to review the circumstances, and its report was released in May of 2023. The PCC investigation found neglect of duty by officers of the Prince Albert Police Service.

Just hours after the report’s release, Jon Bergen announced his resignation as Prince Albert’s police chief. During the following news conference, Bergen said there were officers who took issue with his decision to notify the PCC and felt the police service should have investigated itself.

“My decision to remove the two members involved from active service pending the Public Complaints Commission’s review of the matter has resulted in very vocal criticism that the service has left those members unsupported and vulnerable. This weighs heavy on me,” he said.

The PCC report

Among the findings by the PCC was that the young child was, at all relevant times, vulnerable and in danger while left inside the residence with the father.

The report stated the two officers should have entered the home to ensure the safety of the child, and the officers were incorrect in their belief that they required a warrant to enter the residence.

Upon arresting the mother, both officers indicated in their reports that she did not mention any concerns about the child’s safety at the scene. This was supported by an audio recording, but it is unclear if either officer asked for specifics.

When police initially arrived at the scene, the mother indicated she had no place to go and no immediate ride. Officers advised her since there were no available places to take her, as the shelter was full, the only option would be to spend a few hours at the police detention center, but that it was up to her if she wished to do so.

At 5:58 a.m., the report said the mother agreed to go to police cells and got into the back seat of the police vehicle. Although it had been stated previously the mother was handcuffed, video footage from the car showed that she was not.

The FSIN said that while lodged at the detention centre, the mother tried repeatedly to tell police officers that the child was in danger. The organization alleged she was both ignored by officers or advised it was not their job to help her.

A review of the detention centre’s audio and video recordings did not substantiate that version of events.

The Crown did not recommend a criminal charge against the two officers as, at autopsy, the pathologist was unable to determine the child’s time of death during the 3 a.m. to 10:40 a.m. window.

The report’s full findings can be found here.