Supreme Court

<JC <1MV/ ^^ cz^ CV 03864 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER OFt ROYAL OAK MINES INC. - and -CANADIAN ASSOCIATION OF SMELTEif<;f AND ALLIED WORKERS AMOS SIMON

Transcript of the Sentence delivered by The Honourable Mr. Justice M.M. de Weerdt, sitting at Yellowknife in the Northwest Territories, on April 28, A.D., 1993.

APPEARANCES I MR. L. ROSE: MS. V. SCHULER, Q.C. MR. A. MARSHALL: OFFICIAL COURT REPORTERS

Cotinsel for the Crown Counsel for the Applicant Counsel for the Respondent

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1 THE COURT: As counsel have pointed out to me, the 2 Court's manner of disposing of such cases in the past 3 has been to fix a sentence and suspend it for a period 4 under conditions so that the sentence would not have 5 to be served if the conditions were complied with. 6 That would have been the obvious way to treat the 7 matters before the Court were it not for the fact that 8 Mr. Simon was before the Court on an earlier occasion. 9 He was held to be in criminal contempt on that 10 occasion and was dealt with in that way on that 11 occasion. To his credit, I'm told and I believe that 12 he lived up to the conditions that were imposed on 13 that occasion. 14 As his counsel has pointed out, this is not a case 15 where any violence occurred. He has apparently 16 recently been convicted of a criminal offence 17 involving some violence on the picket line back last 18 May. There's no suggestion of any behaviour of that 19 kind here, and I therefore merely note that in 20 passing, and I do not think that I will allow it to 21 influence my decision on sentence here. 22 What concerns me most is the fact that he has 2 3 already been before the Court and found guilty of a 24 criminal contempt by publicly defying the Court in 25 breaching the injunction order. That, apparently, 26 occurred back in June of 1992 and, as I say, it 27 appears that he lived up to the conditions that were OFFICIAL COURT REPORTERS

1 imposed by the Court on his being found guilty of that 2 offence. fl 3 As counsel know, and as I have mentioned, I have 4 given serious thought to imposing a substantial 5 monetary penalty here in the belief that those who may 6 be encouraging, inciting, and instructing, directing, 7 assisting, or hoping to benefit from Mr. Simon's 8 activities might be prevailed upon to pay rather than 9 see him made the victim of their schemes. However, I 10 grant what Mr. Marshall has said to be correct that I 11 do not have sufficient before me to take that approach 12 although what I am saying may be carried back to 13 others so that they will appreciate that the Court's 14 blindfold is not completely covering every inch of its 15 face. fcl 16 I'm going to give you an opportunity, if you wish, 17 Mr. Simon to speak to the Court on your own behalf. 18 Is there anything that you wish to say before the 19 Court reaches its disposition in this case? 2 0 MR. MARSHALL: Mr. Simon doesn't have anything he 21 wishes to say at this time. My Lord. He's content to 22 what has already been submitted. 23 THE COURT: Very good then. 24 On the first of the charges which concern the 25 events of April 6, 1993, the Court has found you 2 6 guilty of criminal contempt for being in breach of the 27 injunction order as charged; and for that offence, it wt J OFFICIAL COURT REPORTERS

1 imposes a sentence of 10 days which will be suspended 2 for a period of three months subject to the same 3 conditions as applied in the order of this Court made 4 on December 30, 1992. 5 On the second count, the Court has found you 6 guilty of criminal contempt of Court as charged, and 7 the sentence the Court is that you shall serve a 8 further 10 days consecutive to the first but suspended 9 for a period of a further three months; that is to 10 say, perhaps it would be better to suspend it simply 11 for six months on the same terms and conditions as 12 before. 13 In reaching this disposition, I have not ignored 14 what Mr. Marshall has said about your preference, Mr. 15 Simon, and I can well appreciate that you might prefer 16 not to be subjected to the terms of the suspension but 17 on weighing that carefully, I want you to look on this 18 as perhaps your last chance because should you incur a 19 term of imprisonment, I can assure you that on a third 20 occasion, the Court — and this might not be myself, 21 it could be any of our forty odd Judges sitting here — 22 may very well consider that a condign punishment is 23 necessary. I leave you with that in mind, and I trust 24 that you give it some thought. 25 I take it there is nothing else that I can do 2 6 other than dispose of exhibits if that should be 27 necessary. . OFFICIAL COURT REPORTERS

1 MS. SCHULER: My Lord, there is "C" in the Notice of 2 Motion, the one incident at the muck crossing. I'm ^B 3 sorry, perhaps I misunderstood. Is the first sentence 4 that you indicated for "A" and — 5 THE COURT: For "A" and "B" together. I see those 6 as two sides of the same coin. The second one is for 7 event "C". 8 MS. SCHULER: All right, thank you. 9 THE COURT: Well, then I thank counsel. I may say 10 I have been somewhat more lenient than I might have 11 been, but Mr. Marshall has conducted the proceedings 12 in a way to minimize the costs to the public and, 13 undoubtedly, he has done that on your instructions and 14 therefore I have given you credit for that. 15 MR. MARSHALL: Thank you, My Lord. n 16 MS. SCHULER: Thank you. My Lord. 17 18 PROCEEDINGS CONCLUDED 19 20 21 Certified Pursuant to Practice Direction #20 22 dated December 28, 1987. 23 24 Lois HeVitt, 25 Court Reporter 26 27 t OFFICIAL COURT REPORTERS