Supreme Court

R. v. Steed, 2005 NWTSC 19
Date: 20050203
Docket: S-1-CR-2004000103

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER OF:


HER MAJESTY THE QUEEN


- and -


TRACEY STEED


Transcript of the Reasons for Sentence delivered by The Honourable Justice R.P. Foisy, sitting in Yellowknife, in the Northwest Territories, on the 3rd day of February, A.D. 2005.


APPEARANCES:

Mr. M. Ewenson:  Counsel for the Crown

Mr. P. Smith:   Counsel for the Accused


(Charges under s. 334(a) and 380(1) Criminal Code of Canada)


THE COURT:   I agree, essentially, with the joint submission that has been put before me. This is a very serious breach of trust, and I know that your early remorse has been constant throughout, and I accept that is a genuine expression of remorse. You did manage to pay almost two-thirds of this amount - not quite, but almost - while you were still working. Notwithstanding the fact that you tried to do it under the table, at least your heart was in the right place.

The fact that you assisted and cooperated fully after the scheme was discovered is, I think, something that is positive. Your pre-sentence report is very positive. You have no record; you did enter an early guilty plea; you waived your preliminary inquiry. These are all things that now count in your favour.

I note that you have a daughter and that she is a teenager, as you have mentioned, and she is living at home with you in Red Deer. You have been gainfully employed and you continue to be gainfully employed.

I am satisfied that a proper sentence in this case is a sentence of under two years, and I am going to impose a sentence of two years less a day of imprisonment to be served conditionally in

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the community.

I am also satisfied that you are not a danger to the community and you are not likely to reoffend. I am also satisfied that even in the case of a serious breach of trust in these circumstances, the objectives of sentencing can properly be met by a carefully structured conditional sentence with the proper conditions.

The mandatory conditions of the conditional sentence will be read to you by the clerk, but what I am going to tell you now is that you will have to meet with a supervisor, in Yellowknife, within the next 48 hours; and I am sure the supervisor will understand, that the order will be transferred to Red Deer so that you can in fact serve your conditional -- the reporting and so on and other conditions in Red Deer.

By way of optional conditions, I am going to order that you repay the sum of $2500 every six months, commencing six months from today, until the conditional sentence is over. You will remain within ten yards of your -- do you live in a home or an apartment?

THE ACCUSED:  Condo.

THE COURT:   Condo. Is it a highrise or -

THE ACCUSED:  Three-storey.

THE COURT:   Three-storey. Well, you will

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remain within your condominium or within ten yards of the building seven days a week, twenty-four hours a day, starting -- when are you going to be back in Red Deer?

THE ACCUSED:  Saturday.

THE COURT:   Saturday. At what time?

THE ACCUSED:  By about noon.

THE COURT:   All right. We will make it Saturday, starting at midnight, and for each and every day for a period of six months starting from Saturday at midnight, with the following exceptions: You will be able to leave to go to work and to return from work; you will be able to leave for any medical emergencies that may occur with respect to you and/or your daughter; you will be able to leave for a period of two hours each day, from twelve noon to two o~clock in the afternoon, in order to do your shopping and other things that have to be done by a young mother, or at such other times as your supervisor may approve in writing. Now, if the supervisor gives you written permission to do something other than what I have just mentioned, it will have to be in writing and you will have to carry that with you.

After the termination of the conditional sentence, there will be a restitution order, under the provisions of the Criminal Code, for

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the sum of $58,991 less the amount paid under the conditional sentence order.

I should mention, going back to the conditional sentence order, the $2500 payments will be payable to the Clerk of the Court here at Yellowknife for furtherance to the Education Authority at Fort Smith.

Now going back to the restitution order. That will be in the full sum, as I have indicated, less any amounts paid under the conditional sentence order. So long as Mrs. Steed continues to make her payments in full and on time during the conditional sentence order, the Authority will not be able to enforce the restitution order. In other words, it will be enforceable after the period of the conditional sentence order, unless the payments are missed or not made on time or are not fully made without the consent of the Authority. Then if there is a breach of the payment, then the restitution order will be enforceable forthwith by the Education Authority.

Is there anything I've missed, gentlemen?

MR. EWENSON:  Not that I've noted, sir.

MR. SMITH:   No, sir.

THE COURT:   All right. The documents will be prepared and you will have them explained to

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you by the clerk again in full, including the mandatory provisions. You will have to sign those and then you will have to get a hold of the supervisor and carry on from there.

So this is a big load off your shoulders. know it is. Just do not forget that you have to live and abide by this order, otherwise you will be back before the Court and you could end up serving some real jail time.

(CONCLUSION OF REASONS FOR SENTENCE)


Certified Pursuant to Rule 723 of the Rules of Court

Jane Romanowich, CSR(A), RPR
Court Reporter

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