Supreme Court

R. v. Chocolate, 2005 NWTSC 80

        Date: 20050915
Docket: S-1-CR2005000041

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER OF:

HER MAJESTY THE QUEEN

- vs -

FERNAND CHOCOLATE

Transcript of the Reasons for Sentence by The Honourable Deputy Justice R. P. Foisy, at Yellowknife in the Northwest Territories, on September 15th A.D., 2005.

APPEARANCES:
Mr. S. Hinkley: Counsel for the Crown
Mr. J. Brydon: Counsel for the Accused

Charge under s. 268, s. 270(1) Criminal Code of Canada Official Court Reporters

 THE COURT: There is no doubt that this is a serious charge and the circumstances involved
in this charge are about as a serious as they can get without incurring a fatality; as the constable
pointed out, either to the accused or both of them.
 It is true that the community has to understand that you cannot treat the very people that are
there to help you this way. They are there to protect you; that's their job, that's their life. In a
small community when there is trouble, who is the first that you call? It's  the police. They come
out there to help, sometimes at their own peril.
They are not to be made punching bags and they are not to be abused. And people who do that
have to understand that there is a price to pay. And people who know you, Mr. Chocolate, have
to know that what you did, they can't do. In other words, they have to be deterred from doing
this.
 You did plead guilty. That has to mean a  real credit otherwise people would never plead
guilty. I know in small communities jury trials are very divisive. They divide the community.
They often divide some people from the community against the police. So the fact that you have
seen fit to plead guilty and avoid that is to
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your credit.
   You have been in custody for seven months and I am prepared to give you the two-for-one credit, two months for one served; in other words, 14 months.
    The penitentiary term that is being sought  by the Crown, something in the area of three  years, I think is extremely reasonable.  Deducting from that approximately 14 months, it leaves the request made by the Crown and joined in by your counsel of two years less a day, I  think, a reasonable one. The law is clear that a trial Judge is to accept the joint submission  unless it is unreasonable. It is clearly within  the spectrum of sentencing and I cannot say that it is unreasonable.
     Mr. Chocolate, you are 45 years old. You  have been in and out of jail now since 1978. You
must be getting tired of this. Your family and  your wife must be getting awfully fed up with this, and your kids must be wondering what is going on with their father.
     You have to get to the position where you  are fed up with this because sooner or later you
are either going to quit drinking or it will kill you.  Either the alcohol itself will kill you or
else you will die in a fight or a brawl or not
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wake up in a ditch some day. That's not a very  good prospect, especially for a man who is described by Constable Fuhr's now wife as being  very competent, caring and capable. You have got  qualities but when you are drinking, that's all gone. You become less than human.
        For the next two years less one day, you are going to have time to think about it and that's the sentence that I am pronouncing now.
    I am giving some thought to probation. I  know that when you get out, unless you have decided that you are going to quit drinking and you are going to change your life, perhaps probation will not help you very much. It might  just set you up for some more breaches and more time in jail. And if you are determined to quit drinking, I assume that there are AA facilities available in Rae. There is other help available there too, the community has various services to help you. Turn to them instead of your drinking buddies. Look at your drinking buddies and see what alcohol has done to them and if that's what you want to go back to, then you will and then you know what will happen. So I won't impose a period of probation.
  I hope that some day you turn your life around and it is when you go to Constable Fuhr
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and you say that you are sorry for what you did,  and that you have already backed it up with
actions and not just words.
     Anything else, gentlemen?
MR. BRYDON: Yes, one other matter. The  victims of crime surcharge I would ask that to be
waived given the fact that he has been obviously  incarcerated for seven months.
MR. HINKLEY: Yes, sir, seems prudent.
THE COURT: Yes, I will waive that.
MR. BRYDON: Thank you.
THE COURT: That's it?
MR. HINKLEY: Yes, sir.
THE COURT: Thank you, we will adjourn.
 (ADJOURNMENT)

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


 Lois Hewitt, CSR(A), RPR, CRR
 Court Reporter
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