03/13/2018 17:49 EDT | Updated 03/13/2018 20:48 EDT

Raymond Cormier's Acquittal In Tina Fontaine Case Won't Be Appealed By Crown

It has advised Fontaine's family of the decision.

THE CANADIAN PRESS/ HO, Winnipeg Police Service
Tina Fontaine is seen in this undated handout photo.

WINNIPEG — The Crown will not appeal the acquittal of a man who was accused of killing 15-year-old Tina Fontaine and dumping her body in a Winnipeg river.

Prosecutors said in a statement Tuesday that only errors in law can be appealed when someone is found not guilty.

"After a critical review ... by the Manitoba Prosecution Service's appeal unit and the Crown attorneys who prosecuted the case, it has been determined there are no grounds to base a successful appeal.''

A jury found Raymond Cormier not guilty last month of second-degree murder in the Indigenous girl's death.

Her body, wrapped in a duvet cover and weighed down by rocks, was pulled from the Red River eight days after she disappeared in 2014.

Earlier: Marchers remember Tina Fontaine

Grand Chief Sheila North, who represents First Nations communities in northern Manitoba, said the lack of an appeal leaves people hurting.

"This is just another blow to the reality that the justice system has failed Tina Fontaine and her family,'' North said. "It just leaves another gaping hole in the hearts of ... Indigenous people.''

James Favel, who established the volunteer Bear Clan Patrol to keep an eye on inner-city streets following Tina's death, was not surprised by the decision.

"We don't even really have the expectation of justice anymore,'' he said.

Tina was raised by her great-aunt, Thelma Favel, on the Sagkeeng First Nation, 120 kilometres northeast of Winnipeg. The teen left to visit her mother in Winnipeg at the end of June 2014 and became an exploited youth.

This is just another blow to the reality that the justice system has failed Tina Fontaine and her family.Grand Chief Sheila North

Favel called Manitoba Child and Family Services with concerns about Tina, who ran away repeatedly from a youth shelter and hotels where she was placed.

She was last seen leaving a downtown hotel, where she told a private contract worker employed by child welfare that she was going to a shopping centre to meet friends.

The jury heard how Tina and her boyfriend met the much-older Cormier that summer. The jury heard Cormier gave the couple a place to stay, as well as drugs.

Witnesses recalled Tina and Cormier fighting in the street over a stolen truck and Tina accusing him of selling her bike for drugs. Tina went so far as to report a stolen truck to police.

Witnesses testified that Cormier had a duvet cover similar to the one Tina was wrapped in.

No DNA evidence linking Cormier to Fontaine

Cormier was also recorded on tape during a police undercover sting telling a woman that he would make a bet that Tina was killed because he had sex with her and then "I found out she was 15 years old.''

There was no DNA evidence linking Cormier to the teen and doctors who were called to testify said they could not definitively say how she died.

The defence argued that the Crown couldn't prove that Tina didn't die from a drug overdose or naturally in what Cormier's lawyer called the "underbelly of the city.''

Defence lawyer Anthony Kavanagh said Tuesday the acquittal was the right decision.

"The diverse and extremely representative jury did their job honourably,'' Kavanagh wrote in a text message.

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"Simply put, evidence — not emotion — is required for a conviction and despite the human desire to find a convenient scapegoat, justice was done here.''

The acquittal sparked rallies of protest and support for Tina's family in cities across the country.

It came weeks after another acquittal in a high-profile case in Saskatchewan.

A jury found Gerald Stanley not guilty in the death of Colten Boushie, a 22-year-old Indigenous man who was shot in the head after he and some of his friends drove onto Stanley's farm.

Stanley testified he thought the young people were stealing and he fired warning shots to scare them off. He said the shot that killed Boushie was an accident.

Last week, the Crown in Saskatchewan also decided against an appeal in that case, saying it could find no error in law.

— With files from Kelly Malone