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1 IN THE SUriffiHE COURT OF TIIE NOPTP./EST T E R R I T C K I E S 2 3 4 HER MAJESTY THE OUEEN 5 Res t ion '3e r t I 7 6 and 9
10 BARRY V;AYNE BINGHA^I 11 ' A u - c e l l a n t 12 13 14 15 JuriF-nent "of H i s L o r d h i p , t h e 16 Hon'. Mr. J u s t i c e V;.G. Hor^ow, - i v e n a t Ye 11 ov;".mi; •T ! ' rn 17 on Friday August 2nc., 19?4. 18 19 20 21 22 A?.PEAI^ANCE3 23 V/m. Corbett, Esq. , F o r t h e Crov:n. 24 Murrav Sirler Esq., F o r xye Ar.-^el-l 25 26 27
[< m JJt -...LiT W ra^TiilHii-"^-^"'^""- ^"iriiii'ii r I I Rerina vs Barry Wayne Binrhar:., Frica-- Av.ru'̂ i; ?, ". . "• JUDGI^NT ?Y HIS ICPPSHTP: 1 In the quick few rrorrents that T har' out ther*-̂ , Ĝ n-.";̂ ~̂ '̂ 2 trying to checV; the un-reportec ,-'udrrr,er.ts that have 3 been coming in to the library. I don't surrer̂ t that 4 I saw all of them, but I did see one or tvo, and there 5 is not much modification in attitude as I can see frc !6 the Alberta Appeal Court. However, thê / do recognise 7 the principle that each case must be settled on its 8 own particular facts, and as Mr. Sigler says, the 9 individual must not be lost track of. At the same 10 time, I have already expressed my approval and support 11 of the remarks of Chief Magistrate Parker in several ci 12 his cases dealinr with thi.s subject., in v;hich he , ii 13 points out how rnuch more important it is in the North-14 west Terj^tories to discourage tra,^fickin- because cf ?" 15 native people; so I am in the position where insofar 16 as the general pictu.re is concerned, I' .̂ e°l V^st the 17 deterrent aspect is very import?.nt. At the saf̂ e tire, 18 in this particular ca.'̂ e, loo"--.ir;̂ at fis your.p: rentlersn 19 that is before ne now, he is certainly fron r-j observ-20 ation from examining the report and everything: that 21 has been said on behalf of him, he is certainly not 22 what one would call a sophisticated person. I think 23 he has been very foolish; he has bro"r.en the law, end 24 certainly no one could get too i:iuch sŷ .pathy fro- a 25 court who would coine before ire, or before the Co"jrt 26 and say "well, it may be illegal but we don't believn 27 the law is ri^ht", that is not what I a" r^^-C •-- ̂-̂ ^ ^^ ^^^ ^ ^ ^ ^ ^ ^ ^ ^^
• - t i i r H i mrr i i i - • — -.'---'-'•^^-^->^-yii7M-ilt wm /If ji Refina vs Binrhan.
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1 consider. But he has plead c-uilt:'; he has pu' or.-.e 2 time in jail already; h±e faT.ily have indicated r'^^.az 3 they are prepared to look after hin. We co have a 4 strong probation report in his favour. Taking all t 5 circumstances in mind and remembering the Doyle car-e I which is reported in 1971 1 W V,' R, pare ^Q, which ca.̂ 7 if not perhaps directly binding upon me is certainly 6 most persuasive. 9 Now, taking all these things into consideratio 10 v;ill you stand up, Mr. Binp"han? 11 I am sentencing you to three months i'nprisorr^ 12 in the Correctional Institute at Yellbv'knif e, "̂o-"':0'."i iiiH 13 v;hich there will be a probation period of six n-.or.ths, 14 the conditions of which are, in additior. to keepir.g 15 the peace and being of rood oî der, will be: a, that 16 you will leave the Northwest Terri"cories, and I hope 17 you go back to your home, but you will not, curinr I r. ̂ -18 period of six months, in an;/ way use drugs or narcoti 19 And b, that you will report to the probation a'lthorit 20 wherever you may be each month. 21 Now I hope you will carry out what you have sa 22 to the Probation Officer, that you will take this cou 23 and try to rehabilitate yourself, I aa not roinr to 24 put that as a term, I think that is a pure rentr̂ i t̂ 'i 25 if you want to kill yourself you can do it. 26 Have I missed anything? I suppose v.e should 27
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1 MR. SIGLER: We "/-ould wish to make an application for the 2 return of the vehicle and the contents <f the vehicle 3 during the raid. 4 THE COURT: Mr. Corbett? 5 KR. CORBETT: Sir, I am advised that the automobile is still in Hay River and it is available to be moved from, I 7 believe, the Police Compound. I've no objection to 8 it behg returned. The procedure is outlined I believe 9 in Section 10 of the Narcotic Control Act. 10 fny-:? COURT: Is there anything that you have to do especially, 11 or is an order sufficient? 12 • ; H . CCRBETT: The application appears to '.be made before a 13 Magistrate, I don't know why that would necessarily 14 be. _ ' 15 •n H UT E T COURT: Well I wonder if Magistrate isn't in the broad 16 terras; let's put it this way: are you making any 17 objections to the return? 18 J-:R. CORBETT: No sir. 19 THE CCURT: I will make a direction assuming that I am a 20 Magistrate within the meaning of -tmt regulation, that 21 the automobile be returned to the owner by the Police, 22 I .: fc and tv.'o, that this order would not only cover Bingham 23 UtI will also have to cover the Grover and Wolfe cases, 24 do I not, that the substance is seized inciudin.g tho 25 nioes in the other tv;0 cases I "oelic-v̂ thrre v:ere 26 pipes — and apparatus will be destroyed by the Police. 27 Have I misfeed anything? ^
j-̂ l̂'-̂w Regina vs Bingham. 4 nf V QD .0.
1 MJ?. CORBETT: If I might ^iust have a look at the Exhibit 2 Report first. 3 THE COU'RT: Fine. I think there were some other exhibits i! 4 that might not be involved. 5 MR. CORBETT: Perhaps the Court will order forfeiture of the I I following items: Two plastic bags containing marihuana I one and a half pounds; one plastic bag containing green 7 8 plant material, marihuana one pound; one plastic bag 9 containing green plant material, marihuana one fifth 10 ounce; two hash pipes. These are the items that the 11 Crown would like forfeited. 12 COlfRT: Any hashish as well as any'of those items that 13 you've ou"!. lined. All remaining exhibits that ap/pear 14 to be not directly concerned vith smoking or use of the 15 drug will be returned to the owners. 16 MR. SIGLER: Yes, I believe under Section 10'that autcmaticall: 17 occurs upon convictuon. 18 THE COURT: That's right. 19 Does that dispose of today's procedures? 20 MR. SIGLER: Yes, My Lord. 21 THE COURT: I want to thank Counsel and I want to thank Ill I 22 Mr. \\rhitford for his report. We will adjourn. 23 * * » * 24 25 26 27 , : ^ ^^^
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