IN THE SUPREME COURT OF THE NORTHWEST TEfiRITORlEb ^^^ • ' In t h e m a t t e r between: HER MiAJESTY THE QUEEN Respondent and PHILLIP AÎ 'TOINE Appellant A transcript of the Reasons for Judgment of The Honorable Mr. Justice W.G. Morrow, given at Yellowknife N.W.T. on the 30th day of August AD 197^.
Orval J.T. Troy Esq. Q.C. for the Respondent The Appellant in person, withotit counsel. ^
1 ''Il
\* f h HO^ RiyV/ESI TERRITORIES THIS IS THE INFORMATION OF (INSERT FULL NAVIE. ReSID';NCE. ANO OCCUPATION OF INFORMANT! CATION AND DISPOSITION BELOW % a member of the Roval Canadian Mounted P o l i c e ION. ^ *,<L_'. G»- o- \ V ' ^ s • OF F o r t Simpson, N.Vf 40 -1ST . 2 N D
_ 3 R 0 THE INFORMANT SAYS THAT he has Te.qsonable and orobabj (IF THE INFORMANT HAS NOT PERSONAL KNOWLEDGE, STATE THAT HE HAS smoN. ^^v^ • - ^ , ^ " - ^ - ^ grounds to believe and does believe that Phillit REASONABLE .VND PROBABLE GROUNDS TO BEUEVE ANO DOES BELIEVE ANO STATE OFFENCE* ANTOIKE, on or about the 1 s t day of ilA.lCK A.D.
-.3 J ̂ 1974 at or near Fort Simpson in the North^vest c-a 1 cr^. Territories; t -TRATE COSTS CHARGE ,Y' one: v;hile his ability to drive a motor ECOSTS vehicle was impaired by alcohol or a drug did ur| la^vfully drive a motor vehicle contrary to Sectf I TOTAL f/^p3 234 of the Criminal Code. «1ATIVE :X_J:^ ^ CHARGE # tv/o: having consumed liquor in such Ii !S.^ - v c ^ ^ y y - - 7 ^ ..\i.l.S «. k -SL V * >-~- " ^ !«-1 w 'v Ŷ _l̂ q,uantity that the proportion thereof in his \y.v::xs:L - X ^ DATE MAGISTRATE JTblood ex^eded eighty milligrams of alcohol in FOR STATISTICS CANADA OR one hundred milliiitres of blood, did unlav/fulL MOTOR VEHICLE B R A N C H drive a motor vehicle contrary to Section 23S
7^ . \ - j _ -Y^ . of the Criminal Code. iZ}±DAr OF JhlAjCjA. jrtAGAfcTTRRAATTEt O R JUSrTiiCJ_iLUCi_U_Hl" Et rr-E ACEIN AND OR THE NORTHWESrTtRRITOHlEi. ^ ^^
INFORMATION^^ 7 ^ f^r. Z L o > • H . ^ ' l Y l f : ^ ^ £ ^ t • • 4 HERf'INAFTFR PAI I FD THF INFORMA.MT
t The Court: Here is what I am going to do. Mr. Troy is a very fair Crown Prosecutor, and he understands it is important to get people to work, but at the same time it is very important that if people are going to drive when they are drunk - and you have done it twice now - that they must be stopped. Nov you understand that, don't you? It is for the protection of yourself, your family, and the public. Now what I am going to do is this. I am going to allow your appeal in part. I am not going to change the suspension of one year, but I am going to modify • it to say that for driving to and from and at work only. Do you understand that? That doesn't mean you go out on a picnic or something, but driving to and from and during work you may drive, but that will only take effect when you file with the clerk of the court - this man - a letter showing you have work. A Yes. The Court: Now if you can get that letter - you probably can't get it today - but if you can get that letj;er today or next week, and you mail it in to the clerk of i the court - and who has your license now, the police? Mr. Troy:
mm ny t His license has been retained by the Court, and sent to the Motors Vehicles Branch. The Court: All right, when that letter has been sent to the Clerk of the Court, he will send for the license and give it to you, after getting your letter, and then you can drive to, from and during work. Do you understand? A Yes. The Court: You can only drive during the course of your employment, and not at any other time. You understand that do you? A Yes. The Court: All right, you may go.
W.G. Morrow u . >D . C .
il
Ii