«••• SC CK ^M oog' IK THE SUPREME COURT OF THE NORTHWEST TERRITORIES
In the matter between: HER MAJESTY THE QUEEN Complainant
SAMUEL SIDNEY KAON/JC alias SyĴ iUEL SIDNEY SELimiO Defendant
REASONS FOR JUDGMENT OF I The Honourable Mr. Justice W.G. Morrow, given at Aklavik, N.W.T. on the 16th day of May A.D 197^ ^' -Orval J . T . Troy Esq. Q.C. for the Complainant John Baiil^y Esq. for the Defendant I,.!,
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IN THE SUPREME COURT OP THE NORTHWEST TERRITORIES
C A N A D A HER M\JESTY THE QUEEN, KORTHKl-ST TERRITORIES -against-SAMUEL SII'KEY KAON A K alias SAMUEL SID.\EY SELAMiO
I N D i e T M E N T SAMUEL SIDNEY KAONAK alias SAMUEL SIDNEY SELAMIO stands charged that he on or about the 9th day of February, A.D, 1974, at or near the Hamlet of Aklavik, NortJn/est Territories, did have se.xual intercourse with MAGGIE AREY, a female person who was not his wife, without her consent, contrary to Section 144 of the Criminal Code. I DATED this 11th day of April, A.D. 1974 at the.City of Yellowknife in the Nortlnvest Territories. Under the provisions of Section 507 of the Criminal •Code, Upon application of the Crown Attorney, I hereby consent to the filing and preferment of this Indictment.
DATED at Yellowknife, Northwest Territories this 11th day of April, A.D. 197^. I CONSENTED TO: •h)ini i .u!;-]) ' , L)c:"cii.sc CouJi>c.i
'•{i-i /i \ -i 11 i ' \ ORVAL J.T. TROY, Q.C. " •• Crown Attorney and Agent of the Attorney General of Canada and the Northwest Territories. 1 I
U I ..-< -^X/'i Juagc oi tiie bui)rci;:c Court ... -*acffi5«- ̂ a^ojasg-aE"" ?'ifJJt.W-»u.' 'if'T.r'irmTr-•'•'•fr>^_ • T!r?j="'.. ^
n » (Mr. Troy and Mr. Ba^l^y having addressed the court, Mr. Justice Morrov; gave judgment as fellows) The Court: Stand up Mr. Selamio. Mr. Selamio, you are at your age, and v/ith the record that has been pointed out to me, just about got to the end of any chance of the court trying to help you. I hope you realize that. The probation report, and my own observation would confirm it, says that you have intelligence, you know how I to work, you have recently demonstrated you can work and do business, but you have
been unable to stay away from alcohol, and unfortunately that is the big problem in the Northwest Territories. It is a problem all over Canada, and -particularly in the Northwest Territories. The Government of Canada, for this offence have indicated that up to two years jail term is the appropriate punishment, dependent on the circumstances, so you have some idea of what the punishment may be. I Now you, at approximately thirty years of age, are almost double the age of this young girl, and she did to some extent
contribute to things perhaps, because she •
didn't run away, and didn't fight back
and try to get away, but the whole idea of the law is to protect young female employees in the very circumstances that you have found here, and it is really no excuse for you to come before the court and say you were drunk, because you didn't have to get drunk, and you certainly didn't have to feed her liquor. Now I take into consideration the fact that you have already served one month, and I am taking into consideration the fact that you $ have demonstrated within the last twelve months the possibility of doing business, or having a job and holding it, but I am beginning to wonder if there is that hope for you, so taking all those things into con-sideration, I am sentencing you to eight months in the Yellov;knife Correctional CviC.tre, with these recommendations: (1) that you receive psychiatric treatment if it is found appropriate. {2) that if arrangements can be made you I be sent to the Kenwood Institution i!'"! for alcoholic rehabilitation and treatment, and that the people there
keep the local probation authorities, • or Social Development authorities at Inuvik apprised or informed as to v;hat treatment has been carried out, so that the local people can follow it up when the discharge from the Institution takes effect, and (5) I also recommend that if possible arrangements be made by the authorities at Inuvik when you are dis-charged, to be given work, on coming out, in a community other than Aklavik. Now let's see if you can!t rehabilitate your-$ self now, Mr. Selamio, because this is just about your last chance, I am afraid. Otherwise you are going to be hopeless. Is there anything I have missed, gentlemen? Mr. Troy: No, My Lord, but would it be possible to have a transcript of your remarks. The Court; Yes, when we get back I will ask the court reporter to prepare a copy of that.
W.G. Morrow J.S.C. I lit'