Supreme Court
Decision Information
Decision information:
Abstract: Transcript of the Reasons for Sentence
Decision Content
R. v. Takazo, 2008 NWTSC 52 S-1-CR-2008-000043
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
IN THE MATTER OF:
HER MAJESTY THE QUEEN
- v -
JAMIE MARK TAKAZO
__________________________________________________________
Transcript of the Reasons for Sentence delivered by The
Honourable Justice V.A. Schuler, sitting in Norman Wells,
in the Northwest Territories, on the 17th day of July,
A.D. 2008.
__________________________________________________________
APPEARANCES:
Ms. T. Nguyen: Counsel for the Crown
Mr. T. Boyd: Counsel for the Accused
(Charges under s. 88(1), 348(1)(b) x2, 279(2) x2, and
85(1)(a) of the Criminal Code of Canada)
Official Court Reporters
1 THE COURT: Well, first of all, I would
2 like to commend counsel for bringing this very
3 sad case to a resolution without the necessity of
4 a trial.
5 Jamie Mark Takazo is a 33-year-old man who
6 has pled guilty to, and been convicted of, six
7 charges involving two separate incidents, the
8 first having occurred on January 16, 2008, and
9 the second having occurred February 8 and 9,
10 2008, here in Norman Wells. What I have referred
11 to as the second incident is really a series of
12 related occurrences over a period of
13 approximately 36 hours.
14 The Agreed Statement of Facts that has been
15 filed and that will be marked as an exhibit is
16 very detailed. It was read into the record, and
17 I will try to summarize it, acknowledging that I
18 am condensing and probably over-simplifying the
19 events. I would suggest that anyone reading this
20 sentencing decision look at the Agreed Statement
21 of Facts to get the full and complete picture.
22 In the January 2008 incident, Mr. Takazo was
23 being given a ride home by Ms. Gray, who had been
24 his girlfriend a year previous. He was
25 intoxicated. They had a disagreement about where
26 she was going to take him, and Mr. Takazo pulled
27 a knife and threatened her with it. While they
Official Court Reporters
1
1 struggled for the knife, Mr. Takazo pulled out a
2 second knife. Ms. Gray was able to get both
3 knives away from him, although he retrieved one
4 of them. She was concerned that Mr. Takazo was
5 suicidal and she was also concerned for her own
6 life. She eventually drove Mr. Takazo to the
7 place he wanted. He later called and apologized
8 to her. Ms. Gray was not injured and did not
9 report this incident to the police right away.
10 The actions of Mr. Takazo with the knives
11 are the basis for Count 1 in the Indictment:
12 possession of a weapon for a purpose dangerous to
13 the public peace, contrary to Section 88(1) of
14 the Criminal Code.
15 The remaining counts in the Indictment arise
16 from events that began on February 8, 2008, just
17 before one o'clock in the morning.
18 Mr. Takazo kicked in the door of the
19 residence of Ms. Gray and her boyfriend. He
20 entered the residence with a rifle. Ms. Gray
21 encountered him and he pointed the rifle at her
22 and pursued her to the bedroom where her
23 boyfriend closed the door. Mr. Takazo kicked
24 that door open and then fell back when Ms. Gray's
25 boyfriend swung a bat. Mr. Takazo then left the
26 residence. Those events are the basis for Count
27 2, break and enter and commit assault with a
Official Court Reporters
2
1 weapon, contrary to Section 348(1)(b) of the
2 Criminal Code.
3 The victims of that offence did call the
4 RCMP, who subsequently found Mr. Takazo.
5 Mr. Takazo held a rifle to this chin and
6 threatened to kill himself. The RCMP members
7 attempted to negotiate with him, but he would not
8 drop the rifle and, instead, walked away holding
9 it to his head. Mr. Takazo was followed but
10 eventually was lost in the darkness. Shortly
11 after that, it was reported that Mr. Takazo had
12 entered the apartment where Ms. Gray's mother was
13 living, and I will refer to the mother as
14 Ms. Gray, Sr. Mr. Takazo had a rifle with him,
15 and when Ms. Gray, Sr. tried to get it away from
16 him, he pulled a knife out and held it over her
17 head. He directed her where to go in the
18 apartment and he also fired a shot from the rifle
19 into the ceiling. He demanded that Ms. Gray, Sr.
20 telephone her daughter. When she refused, he
21 pointed the rifle at her and then at himself,
22 pointing it at his chin. Ms. Gray, Sr. was able
23 to leave the apartment when she said she needed
24 her glasses to call her daughter. Mr. Takazo
25 then left the apartment.
26 Those are the facts giving rise to Count 3,
27 break, enter and commit an assault with a weapon,
Official Court Reporters
3
1 contrary to Section 348(1)(b) of the Criminal
2 Code, and Count 4, unlawful confinement, contrary
3 to Section 279(2) of the Criminal Code.
4 After leaving that apartment, Mr. Takazo was
5 seen by the police and again he threatened to
6 kill himself and held the rifle under his chin.
7 He went into a home and continued to yell at one
8 of the police officers from there and to make
9 gestures with the rifle while the police were
10 mobilizing to deal with the situation. At some
11 point after that, Mr. Takazo went into the house
12 of Mr. McDonald, who awoke to find him holding a
13 gun and barricading the door. He would not let
14 Mr. McDonald leave the house and swore and ranted
15 about the RCMP and Ms. Gray. When Mr. Takazo
16 went into a bedroom, Mr. McDonald escaped from
17 the house. These events --
18 MS. NGUYEN: I apologize, Your Honour.
19 THE COURT: That is fine. Do you want to
20 -- I do not know if there is any water.
21 THE COURT CLERK: The sheriff has gone to get
22 some.
23 THE COURT: I think we will stand down.
24 (ADJOURNMENT)
25 MS. NGUYEN: I apologize for the
26 interruption, Your Honour.
27 THE COURT: That is fine, Ms. Nguyen. I
Official Court Reporters
4
1 am sure it has happened to all of us.
2 Madam Reporter, I think where I left off was
3 here, so if I am repeating myself, just bear with
4 me.
5 I was dealing with the incident where
6 Mr. Takazo went into Mr. McDonald's house. He
7 would not let Mr. McDonald leave the house and he
8 swore and ranted about the RCMP and Ms. Gray.
9 When Mr. Takazo went into a bedroom, Mr. McDonald
10 escaped from the house. These events comprise
11 Count 5, unlawful confinement, contrary to
12 Section 279(2) of the Criminal Code, and Count 6,
13 using a rifle while committing an indictable
14 offence, contrary to Section 85(1)(a) of the
15 Criminal Code.
16 Mr. McDonald and Mr. Takazo were each
17 observed leaving the McDonald house. On
18 encountering police officers, Mr. Takazo again
19 held his gun to his chin and threatened suicide
20 and eventually led police back to the apartment
21 where he had held Ms. Gray, Sr. That building
22 and others nearby had to be evacuated.
23 Subsequently, over a period of 30 or more hours,
24 police used various methods to negotiate with
25 Mr. Takazo while he continued to threaten to
26 shoot people, to do battle with the police, and
27 to kill himself. He eventually laid down the
Official Court Reporters
5
1 rifle and a knife that he had also been using to
2 make gestures with and was taken into custody.
3 A huge amount of police personnel and
4 resources were used in dealing with Mr. Takazo
5 and significant disruption resulted to people in
6 the vicinity as described in the Agreed Statement
7 of Facts.
8 Mr. Takazo has been in custody since then,
9 February 9, 2008. He has been seen by a
10 psychologist and a psychiatrist and diagnosed as
11 schizophrenic. The opinion of the professionals
12 is that his likely aim in the standoff with the
13 police was suicide. It also appears that
14 Mr. Takazo suffered a serious head injury in
15 October 2007 during a beating by a cousin.
16 Family members report that his behaviour has
17 changed significantly since then. Severe alcohol
18 addiction was also noted by the professionals,
19 and his family reports that his negative
20 behaviour is aggravated by alcohol use.
21 Mr. Takazo has one related conviction from
22 2004 for careless carrying of a firearm. He
23 received a $500 fine plus six months' probation.
24 I was not told the facts of that case, but,
25 clearly, it is relevant and that it does involve
26 Mr. Takazo and improper handling of a firearm.
27 The offences and the circumstances
Official Court Reporters
6
1 surrounding them are very serious. The facts
2 really speak for themselves in this case. The
3 use of weapons, the repeated intrusions into
4 other people's homes during the night, scaring
5 them with weapons, and the repeated threats to
6 cause harm to others are all aggravating factors.
7 The main mitigating factor in this case is
8 Mr. Takazo's guilty plea, and it is a significant
9 mitigating factor. By pleading guilty,
10 Mr. Takazo has spared those involved from having
11 to testify. His guilty plea came without any
12 preliminary hearing, without a trial obviously,
13 and so even though no Victim Impact Statements
14 were filed, people who, I am sure, were quite
15 traumatized by Mr. Takazo's actions have not had
16 to come and testify in court and relive the
17 terrible experience that they had. Mr. Takazo
18 has also saved the time and expense of what would
19 likely have been a lengthy trial. All of that,
20 along with his cooperation with the police and
21 health professionals after the offences and his
22 apology to Ms. Gray after the January offence
23 and, also, his apology here in court, indicates
24 to me that Mr. Takazo is remorseful for what he
25 has done, he is sorry, and he is taking
26 responsibility for his actions.
27 I also have to consider that Mr. Takazo
Official Court Reporters
7
1 appears to have been suffering from a mental
2 disorder - schizophrenia - at the time of the
3 offences. That, combined with the fact that he
4 was intoxicated during the events on January 16
5 and February 8 and 9, likely helps to explain at
6 least in part why he acted the way he did. It
7 does not, of course, excuse what he did.
8 I said at the beginning of my remarks that
9 this is a sad case, and indeed it is.
10 Mr. Takazo, along with the mental disorder that
11 he suffers from, has had some very troubling
12 experiences in his life as referred to before me.
13 During these offences, Mr. Takazo also
14 caused great fear to people, although no physical
15 harm to any of them. He caused the police to go
16 to a great deal of difficult and dangerous work.
17 At the same time, it appears that his thinking in
18 all this was to either take his own life or
19 provoke the police into taking his life, and I
20 accept he must have been extremely distraught and
21 troubled to get to the point where he would do
22 that.
23 The fundamental purpose of sentencing is the
24 protection of the public, the community, so that
25 it is safe. Clearly, I should impose a sentence
26 that will help to deter Mr. Takazo from
27 committing offences like this again. The
Official Court Reporters
8
1 sentence should also deter others who may be in a
2 state of mind to act like Mr. Takazo did. It
3 should also signify how society, the community,
4 frowns on and rejects this type of behaviour,
5 especially because of how it disrupts the
6 community and its sense of safety and security
7 and it focuses valuable police and other
8 resources on one individual, like Mr. Takazo, and
9 diverts them from other needs and urgencies.
10 Rehabilitating an offender is also an aim of
11 sentencing. After all, helping an individual to
12 become a productive, contributing, law-abiding
13 member of society is a way to discourage that
14 person from committing crimes. In this case,
15 because the psychiatrist -- or psychiatrists have
16 been able to identify Mr. Takazo's mental
17 disorder, attention can be focused on treating
18 it.
19 The fact that Mr. Takazo from all accounts
20 was a law-abiding citizen until the age of
21 approximately 30 and the letters from the
22 individuals in Deline who talk about his
23 helpfulness give the Court some hope that he can
24 become a law-abiding citizen again.
25 I am also required to consider Section 718.2
26 of the Criminal Code which says that all
27 available sanctions other than imprisonment that
Official Court Reporters
9
1 are reasonable in the circumstances should be
2 considered for all offenders with particular
3 attention to the circumstances of aboriginal
4 offenders. Mr. Takazo is an aboriginal man from
5 Deline. Section 718.2, as interpreted in case
6 law, does not mean that because a person is
7 aboriginal, they should get a lesser sentence,
8 and it also recognizes that there are instances
9 where offences are so serious that there will,
10 really, be no reasonable alternative to a jail
11 term. Counsel have recognized by their
12 submissions that in the very serious
13 circumstances of this case, no sanction other
14 than some imprisonment is reasonable in the
15 circumstances, and I concur with that. The use
16 of weapons, whether actual use against a person
17 or as a threat, is far too common in the North.
18 The circumstances of this case are far too
19 serious to make an entirely non-custodial
20 sentence a reasonable sanction. Moreover and
21 most importantly in this case, the conviction
22 under Section 85(1)(a) of the Criminal Code,
23 which is Count 6 in the Indictment, carries a
24 minimum term of imprisonment of one year. That
25 means I have to impose a jail sentence of at
26 least one year.
27 What counsel have submitted as a reasonable
Official Court Reporters
10
1 sentence is two years less a day in jail followed
2 by probation on strict conditions for three
3 years. Subject to what I will say in a moment
4 about the time that Mr. Takazo has been in
5 remand, the sentence proposed by counsel would
6 effectively put Mr. Takazo under supervision by
7 means of jail and then probation for a period of
8 five years, and it is only if the jail portion of
9 the sentence does not exceed two years that I can
10 impose any probation at all pursuant to Section
11 731 of the Criminal Code.
12 The only thing counsel have not agreed on is
13 how I should deal with the time that Mr. Takazo
14 has been in remand, amounting to 158 days or five
15 months.
16 The Supreme Court of Canada, in a case
17 called The Queen v. Wust, recognized that remand
18 time is generally considered hard time because
19 the person awaiting trial in remand does not have
20 access to the same programs, such as counselling
21 or education, as a serving prisoner does and
22 because no remission is earned on remand time as
23 is earned on time served. The Supreme Court of
24 Canada also said that while how much credit
25 should be given for remand time in any particular
26 case is in the discretion of the sentencing judge
27 (in other words, it is up to that judge to
Official Court Reporters
11
1 decide), a credit of two months for each month in
2 remand is appropriate in many circumstances.
3 Crown counsel says that Mr. Takazo had
4 access to programs while at the North Slave
5 Correctional Centre and that he was not treated
6 differently there from serving prisoners, nor was
7 he treated differently from other patients while
8 being assessed at the University of Alberta
9 Hospital, save for the fact that he was in
10 custody. The Crown counsel says that only a few
11 days spent in police cells could be considered
12 hard time and, therefore, the remand time should
13 be credited at face value with only an addition
14 to reflect the remission -- or the lack of
15 remission. In the result, Crown counsel proposes
16 a credit of six to six and a half months be given
17 against the jail sentence proposed.
18 Defence counsel, on the other hand, asks
19 that the remand time be credited at two for one.
20 His information is that Mr. Takazo could not have
21 access to certain programs while on remand,
22 specifically anger management and the land
23 program at the facility in Fort Smith, and he
24 also refers to Mr. Takazo not being able to
25 attend his grandmother's funeral while he was at
26 the University of Alberta Hospital because
27 arrangements could not be made in time. Defence
Official Court Reporters
12
1 counsel therefore submits that there should be a
2 ten-month reduction in the proposed sentence.
3 I should say, first of all, that I think
4 that the sentence proposed by counsel, two years
5 less a day and three years' probation, is
6 reasonable in all the circumstances and will, by
7 its combination of jail and probation, serve the
8 objectives of denunciation, deterrence of both
9 Mr. Takazo and others, and rehabilitation of
10 Mr. Takazo, and, also, reparation to the
11 community. So I am going to accept counsel's
12 recommendation in that regard. I also note that
13 that sentence is similar to the one imposed in
14 the case of The Queen v. Jones, 2005, CanLII
15 22449, a decision from the Ontario Court of
16 Appeal. That was a case involving similar
17 circumstances, although in Jones there was no
18 mandatory minimum sentence attached to any of the
19 charges. The sentence that counsel are proposing
20 also, in my view, does conform to the
21 proportionality principle. It reflects the
22 seriousness of the offences while also taking
23 into account that Mr. Takazo's moral culpability,
24 his responsibility for these crimes, has to be
25 viewed in light of his serious mental condition.
26 The issue about the remand time does leave
27 me in a bit of a difficult position because of
Official Court Reporters
13
1 this difference -- or in part because of this
2 difference between counsel as to whether
3 Mr. Takazo did or did not have access to programs
4 while in remand, and without evidence on that
5 point, I really cannot resolve to my satisfaction
6 the issue of how much Mr. Takazo's time on remand
7 differed from time spent by prisoners serving a
8 sentence. I would also say that in different
9 cases I have been told different things about
10 that. In other words, as to the extent to which
11 remand prisoners do have access to the full range
12 of programs at the Correctional Centre in
13 Yellowknife.
14 I do accept that while at the University of
15 Alberta Hospital, the conditions of remand for
16 Mr. Takazo would not have been harsh, the term
17 that is often used to describe remand, although
18 he also would not have earned remission on that
19 time.
20 Having spent some time considering this
21 issue of remand, I have concluded that my primary
22 concern, really, should be: How long should it
23 be that Mr. Takazo remains in jail before he is
24 ready to return to the community on probation?
25 And that involves consideration such as: Does he
26 have better recourse to psychiatric help at North
27 Slave Correctional Centre than he will have in
Official Court Reporters
14
1 Deline? Does he have better access to
2 counselling, perhaps to medications, at the
3 Correctional Centre than he will have in Deline?
4 What type of programing, what type of assistance,
5 are the Social Services people, the probation
6 officers in Deline able to offer to someone like
7 Mr. Takazo? I do not have very specific
8 information about that, and it may be that there
9 is not specific information available in terms of
10 exactly what kind of treatment Mr. Takazo needs.
11 But I do have a concern that if he is released
12 too soon into his community of Deline, and
13 considering that the proposal is that he live in
14 a home where, as I heard in evidence from his
15 mother, there is some drinking, specifically by
16 his father and his friends, is he going to be
17 able to deal with that? Is he going to be able
18 to resist the temptation? Does he need more
19 structure and more control, supervision,
20 attention that is available in the Correctional
21 Centre than he is likely to get in Deline? And
22 having said that, I do take seriously his
23 mother's, Betty Takazo's, evidence that she will
24 report him if he breaches any of his conditions.
25 At the same time, she is not going to be there
26 every minute to supervise her 33-year-old son.
27 So this is something that I have given some
Official Court Reporters
15
1 consideration to, and I appreciate that there is
2 only so much I can do in terms of predicting how
3 long it may be before Mr. Takazo really is ready
4 to return to the community. In the end, what I
5 have decided to do is to credit eight months for
6 the remand time.
7 So would you stand please, Mr. Takazo. The
8 sentence, then, of imprisonment that I am
9 imposing today is 16 months, and that will be
10 followed by probation for three years on the
11 following conditions, and I want you to listen
12 very carefully to these conditions. The first
13 are the statutory conditions that you keep the
14 peace and be of good behaviour, and that just
15 means do not get into trouble; that you appear
16 before the Court when required to do so by the
17 Court; that you notify the Court or the probation
18 officer in advance of any change of name or
19 address. So if you move from your parents' house
20 to somewhere else, you have to notify either the
21 Court or the probation officer before you
22 actually move. And that you promptly notify the
23 Court or probation officer of any change of
24 employment or occupation.
25 Now, there are some further conditions that
26 I am imposing. First of all, for the first year
27 of the probation order -- three years' probation.
Official Court Reporters
16
1 For the first year of that, you will abide by a
2 curfew, which means you will be in your home from
3 9 p.m. to 7 a.m. unless you are accompanied by a
4 sober, responsible adult or you have written
5 permission, written permission, from your
6 probation officer. You will perform 150 hours of
7 community service work at a rate of no less than
8 12 hours per month commencing the first month
9 following your release from jail. You will
10 report to a probation officer within 72 hours of
11 your release from jail, and for the first three
12 months of your probation, you will report at
13 least once a week to the probation officer, and,
14 after that, as required by the probation officer.
15 You will take counselling as recommended by the
16 probation officer. You will not have in your
17 possession any knives for any reason while
18 outside your residence. You will live where
19 directed by your probation officer. You will
20 have no contact, either direct or indirect, with
21 the following people. When I say "direct or
22 indirect" that means you cannot talk to these
23 people, you cannot communicate with them, and you
24 cannot get someone else to do that for you. The
25 people, then, that you are not to have any
26 contact with are Tara Gray, Irvin McDonald,
27 Derrick Szmutko, and Sandra Gray. Another
Official Court Reporters
17
1 condition is that you will not attend at the
2 residences or workplaces of those people that I
3 have just named. Except in the event of a
4 medical emergency, you will remain within the
5 Northwest Territories unless you obtain written
6 permission to leave from your probation officer.
7 Again, that is written permission. Finally, you
8 will not consume or possess alcohol or any other
9 intoxicating substances except for prescription
10 medications.
11 Now, the jail sentence and the probation
12 will be a global sentence on the entire
13 Indictment. I am not going to divide up the
14 sentence between counts.
15 Now, Mr. Takazo, what you have to understand
16 is that if you breach any of those conditions and
17 you are charged with breaching those conditions,
18 that may result in a jail sentence for you
19 specifically for breaching the probation
20 condition. So it is very important -- I know
21 those are a lot of conditions. Three years is
22 quite a long time after being released from jail.
23 But it is very important, obviously, that you do
24 abide by all of those conditions. The clerk will
25 go over the probation order with you as well at
26 the end of the proceedings. Now, you can have a
27 seat now Mr. Takazo.
Official Court Reporters
18
1 In addition, there will be a DNA order,
2 assuming that it is attachable to the primary
3 designated offence. Or assuming that unlawful
4 confinement is a primary designated offence,
5 which I believe it is from reading the section,
6 the order will attach that. Even if it was not,
7 it would be my inclination, on the consent of
8 counsel, in any event, to make such an order as a
9 secondary -- or on the secondary designated
10 offence of break and enter and commit an
11 indictable offence. Do you have a draft DNA
12 order?
13 MS. NGUYEN: No, Your Honour. My
14 understanding is that the clerk has a form.
15 THE COURT: All right. That is fine.
16 Thank you.
17 There will also be a firearm prohibition
18 order, in the usual terms, that will commence
19 today and will continue for the rest of your
20 life, Mr. Takazo. I am making that order
21 pursuant to Section 109 of the Criminal Code.
22 That means you are not to have in your possession
23 any firearms or ammunition ever again. And if
24 you do have any firearms in your possession, you
25 are to surrender them forthwith to the RCMP.
26 In the circumstances, I will waive the
27 victim surcharge.
Official Court Reporters
19
1 Mr. Takazo, I just want to say that the fact
2 that nobody was badly injured or killed in these
3 events, including you, is maybe because you did
4 restrain yourself from physically harming anyone.
5 Maybe you did restrain yourself from going that
6 far. Maybe it was because the people that you
7 threatened reacted safely and intelligently to
8 what you were doing. Maybe it was good
9 management on the part of the RCMP. Maybe it was
10 only luck that a huge tragedy did not result from
11 what you did. Most likely it was probably all of
12 those things coming together that prevented a
13 serious and very devastating tragedy that of
14 course would go beyond just people being hurt but
15 extend to their families, to the whole
16 community's reaction. So I hope you will think
17 about that, and that you will think that you need
18 to exert control over yourself and you need to
19 deal with your problems, and I am sure you have
20 been told that many, many times by the
21 psychiatrists. Your mother said that she has
22 been encouraging you to get help with your
23 problems. So you have heard that said. You are
24 a mature man, you are not a kid, and I am sure
25 that you will spend some time thinking about
26 that. And I am sure that you understand that
27 what you need to do is to show people that you
Official Court Reporters
20
1 are the person that is described in those letters
2 from Raymond Tutcho and from Cecilia Baton, a
3 person who is helpful to people, who is looked at
4 as someone who does assist others in the
5 community, that you can be a law-abiding person.
6 And I am impressed by the fact that you did not
7 get into trouble up until the age of about 30
8 years, which, quite frankly, is not often the
9 case with young men in small communities because
10 of the unfortunate factors that tend to come
11 together. So you need to be able to show that
12 you are the person that is described in those
13 letters and that you can leave behind and not be
14 the person who caused so much fear and distress
15 here in Norman Wells back in January and February
16 of this year. So I do sincerely hope that with
17 all the help that I hope is going to be available
18 to you both at the Correctional Centre and
19 through the probation office, that you can look
20 at it that way and that you can get back to being
21 the person that you have been in the past.
22 All right. So is there anything else,
23 Counsel, that I need to deal with?
24 MS. NGUYEN: Not from the Crown's
25 perspective, Your Honour.
26 MR. BOYD: Your Honour, on the two
27 occasions Betty Takazo pointed out to me that
Official Court Reporters
21
1 what was referred to as the McDonald residence in
2 the Agreed Statement is actually the Melvin
3 Blondin residence. The distinction was important
4 to Mrs. Takazo to clear that up. Secondly, Your
5 Honour, the Agreed Statement did include a
6 defence consent if we're under the secondary
7 designated offence category.
8 THE COURT: Yes.
9 MS. BOYD: So that if the matter is ever
10 reviewed and if it doesn't fit the primary
11 category, there was consent for the secondary
12 category.
13 THE COURT: Yes, I did understand that. I
14 may not have expressed that very well, but that
15 was my understanding was that you were consenting
16 to it on one -- whether it was for a primary
17 designated offence or secondary. Thank you very
18 much, Mr. Boyd. And my thanks again to counsel
19 for resolving this matter in such an appropriate
20 and, I think, very well thought out way. We will
21 close court.
22 .................................
23
24
25
26
27
Official Court Reporters
22
1
2
3 Certified Pursuant to Rule 723
of the Rules of Court
4
5
6
Jane Romanowich, CSR(A), RPR
7 Court Reporter
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Official Court Reporters
23
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.