Supreme Court

R. v. Blake, 2003 NWTSC 28
Date: 20030529
Docket: S-1-CR2002000121

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER OF:


HER MAJESTY THE QUEEN


- vs. -


LENNY GEORGE BLAKE


Transcript of the Oral Reasons for Sentence by The Honourable Justice J.E. Richard, at Inuvik in the Northwest Territories, on May 13th A.D., 2003.


APPEARANCES:

Ms. S. Smallwood:  Counsel for the Crown

Mr. J. MacFarlane:  Counsel for the Accused


Charge under s. 5(1) Controlled Drugs and Substances Act


THE COURT:   Lenny George Blake is before the Court to be sentenced for trafficking in cocaine. This is a serious matter because the Courts of this jurisdiction have usually sentenced cocaine traffickers to a significant jail term although there have been exceptions.

I am told that Mr. Blake is Gwich'in, is 30 years of age, and has maintained steady employment in the carpentry field these past two years.

He has a criminal record as follows: In 1991, some 12 years ago, here in Inuvik, he was convicted of two counts of unlawful possession of narcotics and was ordered to pay fines for both offences. In 1993, here in Inuvik, he was convicted of common assault and placed on probation for six months. In June 2001, in Yellowknife, he was convicted of sexual assault and sentenced to six months imprisonment followed by 12 months probation.

In April of 2002, the RCMP conducted an undercover operation, Project Getaway, in the Northwest Territories, particularly in Yellowknife and in Inuvik, in the illegal drug trade. Here in Inuvik, one of the people targeted was Leonard Blake.

The agents asked Mr. Blake to get some cocaine for them and on three separate occasions, he took them to residences where he facilitated one gram transactions or $150 transactions. It is obvious that

[Page 1]

Mr. Blake was familiar with and engaged in the illegal drug trade here in Inuvik as he knew where to go to get his hands on cocaine on short notice.

It is an aggravating factor that Mr. Blake was still under the terms of a probation order when he got himself involved in this illegal trafficking of cocaine.

The illegal cocaine trade that has flourished in this jurisdiction in the past several years has added yet another negative dimension to the many social problems that are endemic in our northern communities. We already have serious and widespread abuse of alcohol, appalling levels of domestic violence, and the highest crime rates in the country.

Those persons who supply cocaine, who traffic in cocaine, who facilitate cocaine transactions, are preying upon the weak members of the community who are addicted to the drug. There is a snowball effect of crime in the community when the purchasers at the street-level themselves commit other crimes or get themselves involved in other harmful conduct in order to satisfy their addiction. Mr. Blake and others who are involved in the illegal drug or cocaine trade are committing serious harm against their own community, and the people, young and old, in their own community. This is not an illegal activity that has no victims. Quite the contrary.

[Page 2]

In the sentencing of persons who are involved in the illegal cocaine trade, Parliament, in both the Controlled Drugs and Substances Act and in the Criminal Code, has directed the Courts to promote respect for the law and to contribute to the maintenance of a safe and peaceful community. The important objective of deterrence and the need to denounce the continuing harm that is done to victims and to the community has usually meant that it is necessary to impose a jail term for cocaine traffickers in this jurisdiction in recent years.

In the present case, I note that Mr. Blake's offence did not consist of one isolated transaction but rather a series of transactions over a three day period.

On the positive side, it is to Mr. Blake's credit that he is a steady worker and makes a positive contribution to the community at times as evidenced in the letters of support Exhibit S-2.

It is also to Mr. Blake's credit that he publicly acknowledged in court that he made a big mistake in getting involved in this activity and that he is ready to accept responsibility for this mistake. This acknowledgment of responsibility is not always so clearly evident in offenders who come before the Court to be sentenced. At the end of the day, the important principle of parity compels the Court to impose a

[Page 3]

similar sentence on Mr. Blake as previously imposed on similar offenders who have committed a similar offence. In this regard, counsel have made reference to particular cases in their helpful submissions to the Court.

Please stand now, Mr. Blake.

Lenny George Blake, for the crime that you have committed, the trafficking of cocaine contrary to Section 5(1) of the Controlled Drugs and Substances Act, the sentence of the Court is that you serve a term of imprisonment of 12 months.

In addition, there will be the mandatory firearms prohibition order under Section 109. There will be a Victim Fine surcharge in the amount of $35.

You may be seated.

(AT WHICH TIME THE ORAL REASONS FOR SENTENCE CONCLUDED)


Certified to be a true and accurate transcript pursuant to Rules 723 and 724 of the Supreme Court Rules.

Lois Hewitt
Court Reporter

[Page 4]