SC CK 1M 0\5 1 ^ IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
9 In t h e m a t t e r be tween: HER MAJESTY THE QUEEN Respondent and GRANT GIROuX Appellani A transcript of the Reasons for Judgment of the Honorable Mr. Justice W.G. Morrow, given at Yellov.'knife N.W.T. on the :50th day of August 197^. Orval J.T. Troy Esq Q.C. for the Responaent Robert Halifax Esq. for the Appellant
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M ; i v l U \ . i . J i l t . i . ; . i l v ; i . ( i . : . /^ / /<5^ iNro.-MMfrl'iji-'- "^ 7/6 Tiiif. IS Tn.'- iNrorMATio.M orCs . t . . i ! .G ._ .KRISTJANSON, .a . a ( i r j ' l rf r ' I I ! . ! r ; . * ! . i ' .it i • f .",.;(> i j i ; f . l . r . M K > r i , 1 i: :• > >i M ,1.11 CATION ANO DIl-l-CiSmOM C l I O W member_of._the Royal, Canad ian_Moun ted .Po l i ce . ION. )C=;s^r ^y^- OF Ho r t _ Re s o l u t i o n , ..N.._Wj.T. JO .isrr . ! ;EI :EIMAFTER CALLTO n i r \u7or.:.\\:<-. 3nr> THE INFOR,\ 'ANT SAYS THAT . _j^^ yyioyo—j^js. /yj. <ll TUG livfOr.-M \ >l MAS N'lT | . M ; ! . 1 ) \ A L K n o w n flGC. S T A I t l H A T HE HAS -jTION RrAiX)NAni.K ATjr. fr.CMiAfu.t r,r;oii;.ir)0 loi iCLiLvr. AND t>or5 cfLiEvt t^>i:t STAIC o i i f ; ^ . F i • that Grant GIROUi did on or about the lOth Day ' of July, A.D. 1974, at Fort Resolution, in the Northwest Territories did unlawfully assault \ •RAT F- COSTS Cst. F.G. KRISTJANSON, A peace officer engaged : in the execution of his duty, CONTRARY to secti^ COSTS 246(2)(a) of the Criminalgfode.o 1 I TOTAL il iAr ivF._. CARD 01 o/s D z^.a^ T.T.P. n Air I . I A v l - I I . . V I I D.B.S. 0' FOn STATISTICS CAN/.nA OH MOlOK VI HI<_LL l i i ; A N C l l J.P. 13' M.V.B. D V ' -f^^^^rf^r.: ./LZVjg^'.'g! L'-'uh-STATDS. •^ii-^-t ' i ' jcag. •. ^^2i__/^fe^^.^d:zr^-^ :! il £\vonN r-rrc)i;r f-r. THIS _ jLo th_ . r '.Y or J u X y \ AL>. : r . _ 7 4 — P.NO.. AT JF.ort .Resolut ion, N.W.T.. A M A C . I s r i . ' . i l <
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES a
The Court: Stand up Mr. Giroux. Mr. Giroux, your lawyer has done the best he can for you on this appeal. He has presented your case well. Looking at your record, however, it seems apparent that for a young man, if you don't smarten up pretty soon, you are going to end up as what we call a common criminal, and will not have much freedom left to you in your life. Nov- you are at the crossroads; you have to smarten up pretty soon. Apparently you can ^ hold a job, you can get employment, but you can't seem to be able to drink v;ithout getting into trouble, and then if you do get into trouble you seem to resent the fact that the police are doing their duty. The police have a tough enough job without having to put up with obstruction and assaults of the kind such as you have been charged with today. Now it is quite true that in a physical sense this assault was not a very severe one, but in the sense of pride - and I think that is very important for those who have to enforce the law - their position in the community is very important, and the very fact that when the facts came out here there was snickering
•^f^BBC^P *ui>^w» a 1 throughout the court room - including from the 2 Bench, indicates the type of ridicule that that police 3 officer has probably suffered in his community, and 4 it may have affected his authority, and I think it is 5 part of the thing, part of the matter, that undoubtedly 6 affected the sentencing in this case. 7 Now the difficulty I have is that there may have 8 been some error in principle, and I am a little per-9 turbed about the fact that your Notice of Appeal 10 as given to me was many days after you apparently had 11 signed it, so I feel it is my duty to make absolutely 12 sure that you have been treated justly. 13 Accordingly, although I normally would not consider 14 that there was an error in principle, in this case, in 15 an attempt to remove any possible injustice, I. . 16 am removing the consecutive aspect of the sentence, 17 but I am not disturbing it in any other way, so that the 18 appeal will be allowed to the extent that the consecutive 19 aspect is removed, and the sentence will be six months 20 from the date you were fii'st incarcerated. 21 In other words, the calculation will take place 22 from the first date of the incarceration. 23 Mr. Halifax: 24 I believe My Lord that is the 16th of July 25 197^. 26 Mr. Troy: 27