~7Ka ^ ^ ^ E S -a ^ (f) - rA.*2i.^^ ^ IN THE SUPREME COURT OF THF NORTHWEST TERRITOE f ^ r R^ y^ss' SC 0(< 70? Oo^ 1
2 3 4 B E T W E E N ; 5 6 HER MAJESTY THE QUEEN 7
8 9 10 -and-11 12 GERALD S. COLE 13 14 APPEARANCES: 15 O.J.T. TROY, Q.C, for the Crown, D. COOPER, Esq., for the Defendant, 16 17 18 Reasons for judg Tient by the Honourable Mr. Justice W. G. Morrow made the 26th day of February, 1976. 1.9 20 21 22 23 24 25 26 27
-'•"»JW»'_ "mM -47 1 THE COURT: Several years ago, Chief Magistrate Parker, 2 I think, v;as the first one of the Territorial Magistrates 3 to run into the problem of sentencing under the 4 Narcotics Act. He made a very straight forward 5 judgement, which puts the position clear for this 6 Court, that particularly in the Northv/est Territories, 7 where we have the difficulty of changing culture 8 among some of our indigenous people; of all things i I 9 and of all places in Canada, this is the one area I 5 10 that we do not want to introduce drugs. V7e have 11 already got the problem of liquor and it's 12 attributes. If possible, the Court should strain 13 to deter any further problems. 14 The Court of Appeal of alberta, which is 15 essentially the Court of Appeal of the Northwest 16 Territories, in several judg;ments, one of which 17 is the Doyle case, made a special effort to indicate 18 the principles to be follov/ed, stressed deterrence 19 as the main objective for this type of offence; 20 I of course, am bound by that decision? even if 21 I did not agree with it, but I do agree with it. 22 I have already, in previous judg ments, expressed 23 my approval of Magistrate Parker's enunciation of 24 the principles. 25 I think we have a very hea\'̂ ' burden in this 26 jurisdiction to, as much as possible, to try to 27 ^
•^m M'"'i^i --n'̂ inn n r -3-18 1 discourage the intrusion of the drug traffic into 2 an area where \-}e are still a frontier and where, 3 as I mentioned, we still have cultural changes 4 coming and taking place. Accordingly, as I have 5 indicated before, I take a very serious view of 6 this type of offence. I make it clear, that if 7 it was not for the peculiar circumstances of these 6 series of cases, which all seem to arise from the 9 Scime general period of time and the same efforts; 10 I t if it was not for that and if it was not for the 11 I 1 fact that this present accused has many things to 12 his credit, one of which is the fact he pled guilty 13 and that in itself is rehabilitation and retribution 14 is taking place; if it v/as not for that, I would m 15 impose a much more serious sentence than I am 16 today. I agree with Mr. Troy, that the Wick case 17 and the related cases, are not to be considered a 18 precedent for the normal drug trafficing cases. 19 I am sure from my reading of the judg ment of the 20 Court of Appeal, did not so intend. But I do say, 21 in fairness to all, that this case should be treated 22 more or less along the same lines. 23 I am reluctant to interfere with this man's 24 employment, but that is one of the incidents of a 25 person who embarks upon a breaking of our law. 26 In some cases, yes, we would excuse it. I hope 27 ^
1 this doesn't interfere v;ith this man's future and 2 employment; and I hope, as he indicated to Mr. Cooper, 3 his counsel, that he is now goina to go on a 4 straight path. I do think that some type of jail 5 term and probation is in order. 6 Would you stand up, Mr. Cole. 7 I sentence you to two months to be served in the 8 Yellowknife Correctional Institute; and a further 9 period of ten months probation, during which period 10 you are to keep the peace and be of good order. 11 You are not to have any contact with drugs of any 12 sort during that period. You are to report 13 monthly to the probation officer at a time and place 14 to be arranged with that office. During the tv;o 15 months period that you are serving in the Institute, 16 I recommend, that if they can work it out, that you 17 be given an opportunity to continue your employment 18 in the form of day work. 19 MR, COOPER: My Lord, is it your intention to deal with the 20 question of intermitent sentence? 21 THE COURT: No. I do not think it is appropriate in this 22 type of case. I have made a recommendation; 23 let him go out and try to preserve his job. 24 It is up to the Institute. There will be a 25 direction, although I do not think it is necessary 26 that the exhibits, such as they are, will be 27