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The Saskatchewan Court of Appeal has reduced the sentence for former RCMP officer Bernie Herman, following his conviction for manslaughter in the death of Braden Herman.
The two were not related, but were in an intimate relationship that the court described as volatile, with incidents of threats and violence recounted in the trial record.
In sentencing, the Court of Appeal reduced the prison term from 11 years to eight years, ruling the trial judge made errors in principle.
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On April 30, the R. v. Herman decision confirmed what the trial judge had already decided.
The court agreed that Bernie Herman was not acting in self-defence when he shot Braden Herman on May 11, 2021 at Little Red River park, north of Prince Albert.
However, the court also agreed that provocation was a factor – meaning something happened that pushed the situation, emotionally. Because of that, the charge was reduced from what could have been second-degree murder to manslaughter.
Crown prosecutors tried to argue that provocation shouldn’t have been used and wanted the conviction changed to murder. The appeal court rejected that and said there was enough evidence to consider provocation.
Bernie Herman also appealed, arguing he acted in self-defence and that the trial judge made legal and factual errors in rejecting that defence. The Court of Appeal rejected those arguments and upheld the manslaughter conviction.
At the time of the shooting, Bernie Herman was in his RCMP uniform and carrying his service pistol. He shot Braden Herman and then drove away, running over him in the process. He later texted his wife and called his supervisor to report the shooting.
The appeal court said the sentencing decision did not fully apply the required analysis of Gladue factors connected to Bernie Herman’s Indigenous background. It also found the trial judge placed too much weight on his continued involvement in an abusive relationship as an aggravating factor.
After credit for pre-sentence custody, Bernie Herman will face seven years, two months and nine days in prison. Other aspects of the sentence, including ancillary orders, remain in place.
The case will not be retried unless the Supreme Court of Canada agrees to hear a further appeal.
