Supreme Court

R. v. Turner, 2006 NWTSC 64 S-1-CR2006000016 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER OF: HER MAJESTY THE QUEEN - vs. -PETER TURNER _________________________________________________________ Transcript of the Reasons for Sentence by The Honourable Justice J.E. Richard, at Yellowknife in the Northwest Territories, on November 15th A.D., 2006. _________________________________________________________ APPEARANCES:

Mr. B. Hubley: Counsel for the Crown Mr. J. Mahon: Counsel for the Accused ----------------------------------------Charge under s. 5(1) Controlled Drugs and Substances Act

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1 THE COURT: The offender before the Court, 2 Peter Turner, is a 22-year-old Metis man who grew 3 up here in Yellowknife. He is convicted of 4 trafficking in cocaine and possession of a 5 prohibited weapon and, today, he is to be 6 sentenced for these crimes. 7 The circumstances of this case indicate that 8 Mr. Turner was engaged as a drug dealer in 9 Yellowknife prior to December 1st, 2005, although 10 I emphasize that it is solely for the December 11 1st, 2005 transaction that he is being sentenced 12 today. 13 The police had information that Mr. Turner 14 was so engaged and that his modus operandi was to 15 receive a telephone call on his cellphone and 16 arrange a transaction. A police officer 17 accordingly placed a call to Mr. Turner at the 18 specific cellphone number which the police had 19 learned of during their investigation. In the 20 telephone conversation, Mr. Turner agreed to sell 21 the police officer one gram of crack cocaine for 22 $130 and to meet him shortly thereafter at a 23 specific location in Yellowknife. 24 When the police officer met Mr. Turner at 25 the designated location, he arrested him and 26 charged him with trafficking in cocaine. A 27 search of Mr. Turner's person incidental to the Official Court Reporters 1

1 arrest uncovered a switchblade which is a 2 prohibited weapon under the Criminal Code and 3 Mr. Turner, as a result, also stands convicted of 4 illegal possession of a prohibited weapon 5 contrary to Section 91(2) of the Criminal Code. 6 At the commencement of his trial, he pleaded 7 guilty to the weapons offence. 8 The illegal trade in cocaine and crack 9 cocaine in Yellowknife has had a devastating 10 effect on the people and on the social life of 11 our community. We know this because of the many 12 cases that come before the Courts where we see 13 the snowball effect on the commission of crimes 14 in this community. We see thefts, B&Es, 15 assaults, domestic violence, and we have seen 16 homicides - all related to cocaine addiction. We 17 have seen broken families. We have seen 18 destroyed lives. 19 It has been said many times in this 20 courtroom that the illegal cocaine trade is like 21 a plague which has infested the social fabric of 22 our community. Those who are involved in the 23 supply and sale and trafficking of cocaine are 24 like vultures or predators who are preying upon 25 those weak members of the community who are 26 addicted to this drug. The traffickers are doing 27 this presumably for profit, or money. They, Official Court Reporters 2

1 apparently, have no scruples about preying upon 2 vulnerable people. For this reason alone, they 3 ought to be punished. They are doing so even 4 though there is a risk that they will end up in 5 jail for a substantial period of time. 6 I cannot believe that a young person like 7 Peter Turner, growing up here in his home 8 community of Yellowknife, would not know that 9 this Court is not lenient when it comes to 10 sentencing drug traffickers in Yellowknife. He 11 had to know that a meaningful jail term is the 12 price to pay when you get caught. I believe it 13 is a fair assumption, then, that he took the risk 14 anyway and now today he has to pay the price. 15 And although it is almost a year after the fact, 16 it seems from the words of defence counsel on 17 Mr. Turner's behalf this morning, and from 18 Mr. Turner's own words this morning, that Peter 19 Turner now realizes that he has to accept 20 responsibility for what he has done. 21 As this Court stated in a very similar case, 22 R. v. Chamberlin, 23 In accordance with Parliament's 24 direction that the Court, in its 25 sentencing decisions, strive for 26 respect for the law and for the 27 maintenance of a peaceful and safe Official Court Reporters 3

1 community, the Courts of this 2 jurisdiction have long taken the 3 position that absent special 4 circumstances, a conviction for 5 unlawful trafficking in cocaine will 6 result in a meaningful jail term. 7 This has been felt to be necessary 8 with a view to deterrence and also 9 to denounce the continuing harm that 10 is done to victims and to this 11 community." 12 Counsel have themselves referred to earlier 13 sentencing decisions of this Court, some of which 14 have a number of similarities with the present 15 case. In some of those cases, the offenders were 16 young; like Peter Turner. In some of those 17 cases, the offender had no criminal record; like 18 Peter Turner. In some of the cocaine trafficking 19 cases that have come before this Court, the 20 offender has pleaded guilty at an early 21 opportunity; unlike Peter Turner. In some of the 22 cases, there was more than one trafficking 23 transaction; unlike Peter Turner's case which 24 involves one trafficking incident only. All of 25 this is to say that each sentencing disposition 26 is different and is dependent on specific 27 circumstances of the offence and of the offender. Official Court Reporters 4

1 However the Court must, because of the prevalence 2 of this crime in this community, have specific 3 regard to the important sentencing principle of 4 parity so that, generally speaking, similar 5 sentences are imposed on similar offenders for 6 similar offences. It is for that reason, among 7 others, that a conditional sentence is not 8 available to Peter Turner in this case. 9 Without repeating what this Court said in 10 Greenland, in Basson, and in Chamberlin, I adopt 11 those reasons for deciding that a conditional 12 sentence is not available to Peter Turner in the 13 particular circumstances of this offence of 14 trafficking in cocaine in Yellowknife in 15 December 2005. 16 Dealing briefly with the other offence, 17 possession of a switchblade, I have very little 18 helpful evidence as to the full circumstances of 19 this crime. 20 During the trial, the police officer stated 21 that Peter Turner had this switchblade on his 22 person at the time of his arrest on the drug 23 offence. There is no evidence on which I can 24 infer that Peter Turner intended to use this 25 switchblade in the course of his drug trafficking 26 enterprise. Also, there is no evidence of any 27 other reason why he would be in possession of a Official Court Reporters 5

1 switchblade on his person, at midnight, on the 2 streets of Yellowknife in December 2005. 3 Accordingly, I will treat the weapon offence as a 4 stand-alone offence, unrelated to the drug 5 offence. 6 Please stand, Mr. Turner. 7 Peter Turner, for the crimes that you have 8 committed, on Count 1, trafficking in cocaine, 9 the sentence of this Court is that you be 10 imprisoned for a period of 11 months. On Count 11 2, unlawful possession of a prohibited weapon, 12 the sentence is one month consecutive. 13 In addition, there will be the mandatory 14 Section 109 firearms prohibition order for a 15 period of ten years. In the circumstances, there 16 will be no Victim Fine surcharge. 17 You may sit. 18 Anything further on this case, counsel? 19 MR. HUBLEY: Yes, if we may have an order 20 for the disposition of the exhibits that are 21 before the Court, that being the cellphone and 22 the weapon. I believe that the weapon will be 23 forfeited to Her Majesty pursuant to, I believe 24 it is 117. 25 THE COURT: Any submissions, Mr. Mahon? 26 MR. MAHON: If I may just have a moment, 27 Your Honour, to look at the section. It would Official Court Reporters 6

1 seem, given the findings of the Court, I believe 2 it was Section 16 of the CDSA, I would agree with 3 my friend that the prohibited weapon be forfeit 4 and the CDSA makes a similar reference with 5 respect to I think forfeiture of property under 6 Section 16 of the CDSA and I would expect the two 7 cellphones in question would be thus forfeited. 8 So I don't have any opposing comments. 9 THE COURT: The order will issue on the 10 exhibits as requested by the Crown. Mr. Hubley, 11 you will prepare the order. 12 MR. HUBLEY: Thank you. 13 THE COURT: Anything further? 14 MR. MAHON: I have nothing further before 15 the Court, thank you, Your Honour. 16 THE COURT: Thank you, we will close 17 Court. 18 -------------------------------------19 20 21 Certified to be a true and accurate transcript pursuant 22 to Rules 723 and 724 of the Supreme Court Rules, 23

24 25 26 ____________________________ 27 Lois Hewitt, CSR(A), RPR, CRR Court Reporter

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