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SC O^ 1M 001 TT" IN THE SUPRHNiE COURT 01- THE NORTiilVEST TERRTTO^IF.S ( B e f o r e Mis L o r d s h i p , The H o n o u r a b l e Mr. J u s t i c e , V;. G. Morrov.-) IN THE mTTER OF; HER MAJESTY THE QUEEN, vs ALEXIS SIMON.

A transcript of the Sentencing portion of a trial held at Fort Smith, Northwest Territories, on the 31st day of January, A.D. 19 74. . -^ Appearances: 0. J. T. Troy, Esq., O.C, appearing on behalf of the Crov.'n Tlie accused appearing on his ov.-n behalf. R. B. Waller, Esq., appearing as anicus curiae.

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TTTm 1 THE COURT: Thank you. Stand up, Mr. Simon. 2 Wien I look at your record I an saddened. I wonder, 3 perhaps, if things might have been different, although 4 who knows, if the first tine you had a brush v.'ith tlic 5 laAv you had not been given six months for v;hat appears 6 to have been a relatively minor offence. However, later 7 on the Court tried to compensate for tliat by giving you, 6 in 1969, probation as an experiment, and that didn't seem 9 to work, and then later on, even after your lengthy 10 history of trouble the Parole Board attempted to give you 11 another chance, and in less than a month you broke that 12 again. 13 I am known for not fav'ouring sending people, young 14 people, native people such as yourself, to the penitentiary, 15 particularly tlie one at Prince Albert. So that I would 16 know a little bit about what was going on I have made 17 a study by personally going into penitentiaries and jails, 18 and I must say I abhor what I saw in Prince .Albert. Now, 19 it is difficult, we have to have iails for people, but 20 I must say I hate the thought of sending people like 21 you there. I don't expect much reformation of anyone in 22 a place like Prince Albert. These were my thoughts.'before 23 I heard your story tonight. 24 On tlie other hand there comes a time Avhen the Court 25 has to protect society, even after making all the necessary 26 adjustments as are laid down in the law cases dealing 27 with sentencing, and even applying the most simpathetic

is: VJ? ;r 0 [ix^* I \iz\J I 1 approach to your case here tonight, I have no alternative 2 but to send ycu to jail, of course, and you have expected 3 it. 4 It may be that you could still be saved, T don't •5 knov;. I hope you can, but you are going to have to 6 change your mental attitude if you are going to be 7 saved. You must not start loo];ing upon people like 8 Beze as heroes and martyrs. You nust start looking 9 for your own redemption. 10 In respect to Count Number One I am sentencing you 11 to four years. In respect to Count Number TV.-O I am 12 sentencing you to two years concurrent. I am making a 13 direction that in my opinion you should not be incarcerated 14 in Prince Albert. I am making a direction that in my 15 opinion every effort should be m.ade to attempt to cure 16 you in respect to your mental attitudes and your physical 17 condition, if that is part of it, and if you respond to 18 treatment you be given an opportunity to learn a trade. 19 Now, I don't see that I can do any more than that. 20 I feel sorry for you Mr. Simon, but I also feel sorry 21 for the people A-.'ho have been -- for the girl who lias been 22 a victim here. You may sit down. 23 24 (CONCLl'DED) 25 26 27 '^^'

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