Supreme Court

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES )

BETWEEN: HER MAJESTY THE QUEEN, Applicant -and-

ALEXIS SIMON Respondent AND IN THE MATTER OF AN APPLICATION BY THE CROWN ATTORNEY OF THE NORTH-WEST TERRITORIES FOR AN ORDER CHANGING THE PLACE OF THE TRIAL IN RESPECT TO THE RESPONDENT HEREIN Application for an Order directing that the Trial of the pT*̂ ^ Respondent be held at some convenient place other than Fort Resolution Application heard at Fort Resolution, March 7, 1977 Judgment of the Court Filed March 16, 1977 Order Granted

Counsel on the Hear ing; Mr. O. J . T. Troy, Q .C

Mr. J. E. Richard, for the Respondent

ileasons for Judgment of: The Honourable Mr. Justice C F. Tallis ^

^<^ <^ni oio

fo r the Crown (Appl icant)

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES ) BETWEEN:

HER MAJESTY THE QUEEN, -- - and ­

ALEXIS SIMON, Respondent AND IN THE MATTER OF AN APPLICATION BY THE CROWN ATTORNEY OF THE NORTH-WEST TERRITORIES FOR AN ORDER CHANGING THE PLACE OF THE TRIAL IN RESPECT TO THE RESPONDENT HEREIN Counsel on the Hearing: Mr. 0. J. T. Troy, Q.C, for the Crown (Applicant) Mr. J. E. Richard, for the Respondent

REASONS FOR JUDGMENT OF THE HONOURABLE MR. JUSTICE C F. TALLIS This is an Application on behalf of the Crown for an Order directing that the trial, by Jury, of the Respondent ac­cused Alexis Simon be held in a place other than Fort Resolution, Northwest Territories. The Accused (Respondent) has been charged in an indict­ment that:

Applicant r

- 2 -"he on o r about the 24th day of December, y A.D. 1976 a t or near Fort Resolution in the Northwest T e r r i t o r i e s with i n t e n t to wound Nancy Boucher, did cu t her with a kn i f e and d id cause bodily härm to Nancy Boucher con t ra ry to Section 228(2) of the Criminal Code." This App l i ca t i on came on before me a t Fort Resolution on Monday March 7th and a t t h a t time Counsel indica ted tha t the matter could be d e a l t wi th on the same bas i s t h a t was decided by th i s Court in Regina v . Steve Jim Laffer ty . ' I have now d e l i v e r e d wr i t t en Reasons for Judgment in the Lafferty case and in my opinion the Reasons for Judgment in that case are equa l ly a p p l i c a b l e to t h i s Appl icat ion. I accord ing ly o rder and d i r e c t t h a t the t r i a l of the / accused Alexis Simon be he ld a t Hay River in the Northwest T e r r i ­t o r i e s . Pursuant to Sec t ion 527(2) of the Criminal Code I a lso make an order d i r e c t i n g payment by the Crown to the Accused of any t r a v e l l i n g expenses caused to the accused and h i s witnesses as a r e s u l t of t h i s o rder changing the place of the t r i a l . Leave is reserved to Counsel to apply for fur ther d i r e c t i o n s with respec t to payment of t hese a d d i t i o n a l expenses. Dated a t Yellowknife, Northwest T e r r i t o r i e s t h i s 16th day of March, 1977.

C F. Ta l l i s , ^ J .S .C .