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Abstract: Transcript of the Reasons for Sentence
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R. v. Wedawin, 2009 NWTSC 49 S-1-CR2007000095 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES IN THE MATTER OF: HER MAJESTY THE QUEEN - vs. - RICKY WEDAWIN _________________________________________________________ Transcript of the Reasons for Sentence by The Honourable Justice D. M. Cooper, at Behchoko in the Northwest Territories, on June 24th A.D., 2009. _________________________________________________________ APPEARANCES: Ms. J. Andrews: Counsel for the Crown Mr. H. Latimer: Counsel for the Accused ---------------------------------------- Charge under s. 271 Criminal Code of Canada An order has been made banning publication of the identity of the Complainant/Witness pursuant to Section 486.4 of the Criminal Code of Canada Official Court Reporters 1 THE COURT: Ricky Wedawin stands convicted 2 by a jury on May 14th, 2009 on the charge of 3 having sexually assaulted a 70-year-old woman in 4 her home on or about May 6th, 2007, at Behchoko 5 in the Northwest Territories. For this, the 6 penalty can be a maximum of ten years in jail. 7 The Crown is seeking a sentence of a period 8 of incarceration in the range of three to three 9 and one-half years and strenuously opposes a 10 conditional sentence citing a number of 11 aggravating factors: This was a major sexual 12 assault; the victim was asleep at the time that 13 it occurred; her age, which was 70; that this was 14 a breach of trust because the offence occurred in 15 her home; that the offence occurred while she was 16 asleep. The Crown cites subsequent convictions 17 for breaches of undertakings and breach of 18 recognizance and references the pre-sentence 19 report where the accused displays a lack of 20 acceptance of responsibility for the offence and 21 apparent remorselessness. The Crown also says 22 that there is little or no supervision in the 23 community of Gameti and no police and the 24 offender, by his conduct and his attitude towards 25 what transpired here, continues to pose a risk to 26 society. 27 The defence argues that an appropriate Official Court Reporters 1 1 disposition in this case would be a conditional 2 sentence given the favourable input from his 3 parents, his employer, and the Gameti Band, and 4 what he had hoped would be a positive 5 pre-sentence report. I would pause to 6 acknowledge that defence counsel has himself 7 acknowledged that the pre-sentence report 8 contains some troubling revelations about 9 Mr. Wedawin's attitude towards this offence. 10 The defence also cites Mr. Wedawin's age, 11 his immaturity, the fact that this was a first 12 offence, and the fact that he has seemingly been 13 a model citizen since he has been confined to the 14 community of Gameti, pursuant to the terms of his 15 recognizance, as mitigating factors. He also 16 says that there is no victim's impact statement 17 in this case and as a result asks the Court to 18 infer that the victim is not vengeful and further 19 infer that she was not traumatized or traumatized 20 to a great degree by this offence. 21 In any sentencing the Court has to take into 22 account the sentencing principles that are set 23 out in the Criminal Code, the circumstances of 24 the person who is being sentenced, the impact 25 upon the victim, and the circumstances of the 26 offence committed. 27 Sentencing is a very individualized process. Official Court Reporters 2 1 Many things must be taken into account and 2 balanced and it is not an easy thing to do 3 because in every case there are many things to 4 consider and many competing factors, and this is 5 certainly one of those cases. 6 I will speak first about the sentencing 7 principles that are set out in the Criminal Code 8 and to which counsel have alluded in their 9 submissions. I am not going to read all of the 10 applicable sections but it is important to cite 11 some of them as they do provide the legal 12 framework for the decision that the Court has to 13 make. 14 The purpose of sentencing is set out in 15 Section 718 of the Code. It reads as follows: 16 The fundamental purposes of sentencing is to 17 contribute, along with crime prevention 18 initiatives, to respect for the law and the 19 maintenance of a just, peaceful and safe society 20 by imposing just sanctions that have one or more 21 of the following objectives: 22 (a) to denounce unlawful conduct; 23 (b) to deter the offender and others from 24 committing offences; 25 (c) to separate offenders from society where 26 necessary; 27 (d) to assist in rehabilitating offenders, Official Court Reporters 3 1 (e) to provide reparations for harm done to 2 victims or to the community; and 3 (f) to promote a sense of responsibility in 4 offenders, and an acknowledgment of harm 5 done to the victims and the community. 6 Another fundamental principle is set out in 7 Section 718.1. It says: 8 A sentence must be proportionate to 9 the gravity of the offence and the 10 degree of responsibility of the 11 offender. 12 Section 718.01 states: 13 When a Court imposes a sentence for 14 an offence that involves the abuse 15 of a person under the age of 16 eighteen years, it shall give 17 primary consideration to the 18 principles and objectives of 19 denunciation and deterrence of such 20 conduct. 21 Unless the victim is under the age of 18, 22 the Court does not require as its primary the 23 objective of deterrence and denunciation. 24 Section 718.2 sets out a number of 25 principles. They do not all apply in this case 26 but ones that should be considered are: 27 (a) that a sentence should be Official Court Reporters 4 1 increased or reduced to account for 2 any relevant aggravating or 3 mitigating circumstances; 4 (b) a sentence should be similar to 5 sentences imposed on similar 6 offenders for similar offences 7 committed in similar circumstances. 8 Another important principle alluded to or 9 referenced by defence counsel is that all 10 available sanctions other than imprisonment that 11 are reasonable in the circumstances should be 12 considered for all offenders with particular 13 attention to the circumstances of aboriginal 14 offenders. I will have more to say about that 15 principle in a moment. 16 These are principles in the legal framework 17 under which I must operate today in attempting to 18 decide what a fit sentence is for this offender 19 for this crime. 20 A pre-sentence report was prepared in this 21 case where the accused was 18 years old at the 22 time of the offence and as of that date had no 23 criminal record. 24 At the time of the offence, the accused was 25 a boarder in the home of the victim and was going 26 to school in Grade 12 in Behchoko. Subsequent to 27 being charged with the offence of sexual assault, Official Court Reporters 5 1 the accused dropped out of school and still needs 2 eight courses in order to matriculate, something 3 he wants to do at some point. Since April of 4 2009, he has been working as a labourer doing 5 construction in Gameti and earns a net income of 6 approximately $2400 per month. But for a brief 7 hiatus to attend high school in Behchoko, the 8 accused has spent his entire life in Gameti. He 9 lives with his parents and has two sisters and 10 two brothers. It is reported that the Wedawin 11 home is a relatively stable one, absent drinking 12 or violence, and one where the children are cared 13 for, nurtured, and loved. The father of the 14 accused has worked in one of the diamond mines 15 for several years now, which has no doubt 16 enhanced the family's standard of living but 17 meant that he spent half of his life away from 18 his wife and children. The family is close and 19 supportive of one another. Cecilia Wedawin, the 20 mother of the accused, reports that Ricky is a 21 hard worker and when his father leaves for work 22 he has always been willing to help out with the 23 children and the bills and both grandmothers. 24 When the father needed surgery on his hands, 25 Ricky larged assumed his responsibility during 26 his recovery. The accused has said that his 27 Tlicho culture is important to him and that he Official Court Reporters 6 1 participates in any cultural activity that he 2 can. For leisure activities, he likes to spend 3 time with his family and play video games with 4 his friends and his youngest brother. He would 5 like to finish Grade 12 but cites no plans for 6 the future after that. In his family existence, 7 Mr. Wedawin has not been exposed to the excesses 8 of alcohol consumption or been the victim of or 9 been witness to violence or abuse. 10 Since being arrested on the charge before 11 Court, the accused has been in breach of his 12 undertaking or recognizance on four occasions as 13 a result of drinking or breach of the curfew 14 provision in his undertaking and was sentenced to 15 pay fines in three cases and ten days in jail on 16 another case. These breaches are of some concern 17 to the Court but it is noted that since October 18 23rd of 2007, the accused has not been in 19 violation of his recognizance and has apparently 20 been of good behaviour. 21 But I now turn to the issue of Mr. Wedawin's 22 attitude towards this offence. 23 While there are some small indications of 24 regret from the accused, his attitude to what has 25 happened can be summed up in the following 26 passage in the pre-sentence report: 27 Ricky maintains that he did not Official Court Reporters 7 1 sexually assault the victim but does 2 admit that he may have physically 3 assaulted her. He has not taken any 4 responsibility for his actions with 5 regards to the sexual assault. 6 The following exerpts are more illuminating: 7 Ricky is adamant of his innocence 8 and stated 'I feel responsible for 9 the physical assault but not the 10 sexual assault'. Ricky does not 11 take any responsibility for his 12 current offence and openly blames 13 the victim and the jury for his 14 conviction. Ricky stated 'this is 15 the victim's fault because she gave 16 me liquor. I was only 18 at the 17 time'. He also expressed anger when 18 discussing the Court proceedings and 19 stated ' during Court all the 20 evidence was on my side. It's the 21 jury's fault because two of them 22 were on the victim's side from the 23 beginning'. 24 He remembers drinking with the victim and 25 his friends but said in his evidence the next 26 thing he remembered was waking up the next 27 morning. When asked at trial how he could be Official Court Reporters 8 1 sure nothing happened due to him being unable to 2 remember, Ricky stated "my friends were there and 3 they said nothing happened except we were arguing 4 because I had brought friends over". 5 As for remorse or compassion for the victim, 6 he said that he knew Court and testifying was 7 hard for her and he would apologize to her if he 8 weren't on a Court order not to communicate with 9 her. In the same breath and in glaring 10 contradiction, however, he said "I hate the 11 victim now because she falsely charged me". 12 These aspects of the pre-sentence report are 13 very troubling to say the least. 14 I now turn to the facts of this case. 15 To have found Mr. Wedawin guilty, the jury 16 had to accept the evidence of the victim and in 17 my view that was a sound conclusion. I do not 18 think the jury's verdict nor the evidence leave 19 much room for ambiguity but out of an abundance 20 of caution I do find that the events unfolded in 21 the manner described by the complainant with some 22 exceptions. 23 The jury was not required to find that all 24 of the victim's evidence was reliable. Certainly 25 the weight of the evidence pointed to the victim 26 being highly intoxicated and having no 27 recollection of when she returned home, of who Official Court Reporters 9 1 was in the house of having given some beer and 2 possibly a "mickey" of vodka to the accused, and 3 of the intense and violent verbal and perhaps 4 physical confrontation she had with the accused 5 which was disclosed in the evidence by the tape 6 on the voicemail of her son. 7 However, the jury would have accepted the 8 Crown's theory of what happened; namely, that the 9 victim was asleep when awakened by Ricky Wedawin 10 who was sexually assaulting her in the manner she 11 described. She testified that the accused held 12 her arms behind her head and that he had his knee 13 in her right thigh area and that he tore her 14 pants. She said that she tried to stop him by 15 struggling and that she tried talking to him. At 16 one point she said he told her to shut up and 17 slapped her across the face. She said he was on 18 top of her and felt his penis in her groin area. 19 During the course of this assault, she suffered a 20 number of bruises and what she described as a 21 hickey on her neck where he was sucking on her. 22 Eventually she says she was able to hit him or 23 push him and he fell back into a rocking chair 24 and remained still at which point she quickly 25 changed her pants and ran barefoot to Louisa 26 Smith's house less than a block away, arriving 27 there at approximately 7 a.m. Both the victim Official Court Reporters 10 1 and Louisa Smith testified that when she arrived 2 she said "Ricky's trying to rape me" and the 3 victim added "I don't think he knows what he is 4 doing, I think he's on drug (sic) I said". 5 For his part, the accused testified that he 6 was drunk at the time this happened. There is 7 ample evidence to support his contention in this 8 regard. He went on to say that he blacked out 9 and did not remember the verbal confrontation 10 with the victim that was captured on the 11 voicemail of the victim's son and wife or have 12 any recollection of having sexually assaulted the 13 victim. 14 Whether his memory in this regard is real or 15 contrived is of no particular import since 16 self-induced intoxication here is not a defence 17 and not a mitigating factor. However, I feel 18 compelled to address the continuing assertions of 19 the accused that he did not commit this offence 20 and how he is sure that he did not. 21 The accused was present throughout the trial 22 and heard what all of the witnesses had to say. 23 He had to have heard Constable MacLellan testify 24 that he noted Ricky Wedawin was highly 25 intoxicated at the time that he gave him and 26 Colin Rabesca a ride on the night of the offence 27 at 3:45 a.m. Mr. Wedawin can blame the victim Official Court Reporters 11 1 for giving him alcohol if he wishes but he was 2 already intoxicated and he had a choice as to 3 whether he continued drinking or stopped for the 4 night. No one forced the alcohol down his 5 throat. 6 He would also have heard his friends testify 7 that indeed an argument did erupt between him and 8 the victim. But they also said they left before 9 it got it overly heated or physical. Certainly 10 they did not describe anything like the violent 11 argument and crashing sounds we heard on the 12 voicemail tape recording. Mr. Wedawin himself 13 had no recollection of this argument or anything 14 like the confrontation heard on the voicemail 15 tape. He had blacked out and agreed with 16 cross-examining counsel that he remembered 17 nothing that happened after that until he woke up 18 the next morning. He was asked during 19 cross-examination: 20 "You will agree with me that you 21 don't know what happened, you could 22 have assaulted her when you blacked 23 out, am I right?" 24 The accused replied "I don't think so". When 25 asked why he said that, his response was 26 "because I didn't felt like I did this". 27 From the evidence, it was open to the jury Official Court Reporters 12 1 to conclude that a verbal and quite possibly 2 physical fight broke out between Mr. Wedawin and 3 the victim at approximately 4:15 a.m. and it 4 escalated and continued past 4:28, the time of 5 the second voicemail recording, and that some 6 time after the victim went to sleep in the 7 livingroom. While she has no recollection of the 8 verbal argument, she recalled with some 9 specificity being awakened when, as she said, 10 "Ricky jumped me" and she was sexually assaulted. 11 She recalls pushing him off and him appearing to 12 be unconscious, and changing her pants and 13 running to her neighbour's house. The neighbour 14 testified that the victim appeared in a highly 15 emotional state at her door at 7 a.m., so there 16 was a period of approximately two and a half 17 hours when there were no voicemail tapes or 18 witnesses to corroborate what transpired. The 19 jury would have believed the victim's testimony 20 and found it to be reliable with respect to these 21 events and would have found the neighbour's 22 testimony reliable with respect to time and 23 regarding the victim's physical and emotional 24 states. Mr. Wedawin was blacked out and does not 25 remember. He has no explanation for why he did 26 not commit the offence except he felt that he 27 didn't do it. It is the view of this Court that Official Court Reporters 13 1 the sooner Mr. Wedawin takes responsibility for 2 this offence, the better it will be for him 3 regardless of how hard it is to cope with the 4 responsibility of having done something that 5 seems so completely out of character. 6 One of the tragic side-effects of the 7 excessive abuse and consumption of alcohol is 8 that people black out and can't remember what 9 they did. And often what they do seems totally 10 out of character, senseless, and destructive when 11 they assess their actions when sober in the clear 12 light of day. Mr. Wedawin, and the facts of this 13 case, are not unique in this regard in the 14 Northwest Territories. This is a story that is 15 often heard by the Court; namely, "I wouldn't 16 have done this if I had been sober". However, 17 the offender was not sober and considerable harm 18 and a crime against the state and the community 19 was committed and this calls for a sentence which 20 reflects the gravity of this crime. 21 No victim's impact statement has been filed 22 in this case but from my close observations of 23 the victim in the courtroom, it is evident that 24 this assault did have a traumatizing effect on 25 her that she has not entirely overcome. She was 26 an embarrassed victim and a reluctant witness and 27 she has declined to complete and file a victim's Official Court Reporters 14 1 impact statement. I note she faltered on the 2 witness stand on two occasions and on others 3 displayed feelings of anger and a sense of 4 disbelief and betrayal. She told the probation 5 officer who prepared the pre-sentence report that 6 she is trying to forget what happened. Hopefully 7 now that this case has been concluded, she will 8 be able to put these events behind her. 9 I want to now return to one of the 10 sentencing principles that I referred to earlier 11 which is engaged because Mr. Wedawin is an 12 aboriginal person. 13 The provision in question, which is 14 paragraph (e) of Section 718.2 of the Code, was 15 interpreted and analyzed by the Supreme Court of 16 Canada and that interpretation is binding on all 17 Courts in Canada. It was interpreted to be a 18 remedial provision, a recognition by Parliament 19 that aboriginal people are overrepresented in our 20 jails. The Supreme Court found that this section 21 directs all Courts to recognize that many 22 aboriginal people have faced systemic problems 23 that have contributed to their overrepresentation 24 in jails and that the provision creates a duty 25 for sentencing Courts in all cases. This duty is 26 to approach sentencing differently when dealing 27 with an aboriginal offender, an approach that Official Court Reporters 15 1 takes into account some of the systemic factors 2 that have placed many aboriginal people in 3 difficult conditions and have contributed to them 4 coming into conflict with the law. It also 5 requires the Court to examine the types of 6 procedures or sanctions that might be most 7 appropriate in light of a person's aboriginal 8 heritage and, in some cases, it might mean a more 9 restorative approach to sentencing. This is a 10 different analysis that must be undertaken both 11 in deciding the type of sentence that will be 12 imposed, that is a jail term or not a jail term, 13 and if jail is imposed it can also have an impact 14 on how long the sentence will be. 15 The Supreme Court of Canada has also 16 recognized what this section does not mean. It 17 does not mean that the fact that an offender is 18 of aboriginal descent is in itself a mitigating 19 factor. It does not mean that sentences imposed 20 on aboriginal persons will necessarily be more 21 lenient or different than the sentence that would 22 be imposed on a non-aboriginal person for the 23 same crime. In fact, the Supreme Court of Canada 24 has specifically said that the more serious or 25 violent an offence, the less likely it is that 26 the ultimate result is going to be different. 27 I have not heard evidence or submissions Official Court Reporters 16 1 about any systemic challenges that Mr. Wedawin 2 has faced as an aboriginal person. And in fact, 3 if anything, Mr. Wedawin has grown up in a stable 4 home in a small community without the ravages of 5 alcohol and has not been abused or a witness to 6 violence. But I did read that he feels that he 7 only gets violent when he drinks and blacks out. 8 His parents are supportive of him, as is his 9 employer and former Chief Henry Gon who submitted 10 a letter of reference while asserting that young 11 people from Gameti, including Ricky Wedawin, who 12 go to high school in places like Behchoko get 13 framed and convicted for crimes they don't 14 commit. That part of Mr. Gon's submission is 15 less than helpful. There is nothing before the 16 Court, by way of evidence or submissions, to 17 assist in understanding why Mr. Wedawin committed 18 this offence other than he was heavily 19 intoxicated and there is no reason to treat this 20 offender in a manner that is different or 21 markedly so than any other offender because of 22 his aboriginal heritage. 23 The offence of sexual assault is punishable 24 by up to ten years in jail. Few cases call for 25 the maximum sentence to be imposed and this is 26 not one of them. In law, sexual assault can 27 cover a wide range of behaviour from simple Official Court Reporters 17 1 touching to sexual intercourse. The duty of the 2 Court is, among other things, to impose a 3 sentence that is reflective of the gravity of the 4 crime. While there is no hard rule or minimal 5 sentence per se, the general rule is that in 6 serious cases of sexual assault a significant 7 term of imprisonment, usually in excess of two 8 years, is appropriate. The Courts then look to 9 the facts in the case to identify any aggravating 10 or mitigating factors in order to arrive at a fit 11 sentence. 12 There is no evidence that intercourse 13 occurred in this case or even digital 14 penetration. There is however evidence that 15 intercourse was perhaps attempted since the 16 victim testified that she felt his penis on what 17 she pointed to her as her upper left thigh area 18 near her groin. While all cases of sexual 19 assault are serious, I would not characterize 20 this sexual assault as being on the most serious 21 end of the scale. 22 The accused, as he was entitled to do, was 23 tried by a Judge and a jury after a preliminary 24 inquiry. The victim was required to testify 25 twice. This is not an aggravating feature but 26 the accused obviously does not get the benefit of 27 mitigation of sentence in the circumstances of Official Court Reporters 18 1 having pleaded guilty. 2 Again, while not an aggravating factor, the 3 lack of acceptance for his conduct and his great 4 hostility towards the victim and the jury, and 5 his lack of insight into these events, deprive 6 the offender of the Court's considering his 7 future prospects as positive and something that 8 could mitigate his sentence. I would observe 9 that his attitude is indicative to me that this 10 offender still constitutes a measure of risk to 11 the community and he will continue to do so until 12 he accepts responsibility for his actions and the 13 consequences which flow from those actions. 14 The Crown has suggested that Mr. Wedawin is 15 in breach of trust in relation to the victim but 16 the jury need not have made that finding in order 17 to convict and in my view the evidence of this is 18 neutral at worst and tends to favour the accused 19 to the extent that legally, at least, he would 20 have had every right to be in the victim's home 21 on the night in question since he was a home 22 boarder there whose rent was being paid by the 23 Tlicho government. He may have been in the habit 24 of spending his weekends elsewhere, and the 25 victim may have considered weekends as her time 26 alone, but according to the home boarding 27 agreement, there was no limitations with respect Official Court Reporters 19 1 to the presence of the accused on weekends and 2 the victim's son who lived at this home for a 3 period of time testified that he would often see 4 Ricky at the house on weekends. So this is not 5 an aggravating factor. 6 The only mitigating factors that I can 7 identify are the age of the offender, the fact 8 that he had no criminal record at the time of the 9 offence, and that he has the support of his 10 parents, employer, and the former Chief of 11 Gameti. 12 Many Judges before me have commented on the 13 prevalence of this type of crime in the Northwest 14 Territories. It can be characterized as epidemic 15 given the frequency of these offences. Courts of 16 the Northwest Territories have almost invariably 17 said that the principles of sentencing requiring 18 emphasis in these case are denunciation, 19 deterrence, and protection of the public. 20 Sentences involving significant periods of 21 incarceration have been meted out to offenders 22 consistently for many years and yet these 23 offences continue. As I have said on other 24 occasions, something more is required to alter or 25 affect this kind of behaviour. Community leaders 26 must discuss this issue openly with constituents 27 and residents and condemn this conduct which Official Court Reporters 20 1 violates and invades the bodily integrity of 2 women young and old. It is only when the 3 community as a whole is prepared to send the 4 message that anyone who commits a sexual assault 5 will have lost all respect and earn the community 6 censure that the prevalence of this type of 7 offence might decrease. And a very very strong 8 message also needs to be sent to the effect that 9 consumption of alcohol to the point of blacking 10 out is nothing but a recipe for disaster. 11 Counsel have provided the Court with a 12 number of authorities and I thank them for having 13 done so. I will not refer to any of them 14 directly or in detail. I will say that Courts in 15 the past have meted out conditional sentences in 16 cases where there were most often young adult 17 offenders with minor or no criminal records and 18 where there are a number of compelling and 19 mitigating circumstances and where the prospects 20 for rehabilitation were high and the accused was 21 deemed to pose no risk to the community. Courts 22 have also said that conditional sentences are not 23 the norm and they are inappropriate where a 24 serious sexual assault, as here, has occurred and 25 where there may be some mitigating circumstances 26 but they are not sufficiently compelling to 27 outweigh the requirement for a sentence that Official Court Reporters 21 1 emphasizes deterrence and denunciation and takes 2 into account the fact that the accused is a risk 3 to reoffend. 4 I have read and I have heard the submissions 5 of defence counsel. I would like to commend him 6 on the efforts that he has put forth not only at 7 the trial but in this sentencing proceeding on 8 behalf of his client Mr. Wedawin. However, I 9 have balanced, as I am required to do, all of the 10 factors I have referred to in an effort to arrive 11 at a sentence that is appropriate in all the 12 circumstances and have concluded that a 13 conditional sentence would not serve the ends of 14 justice in this case but, rather, a somewhat 15 shorter term of incarceration where the accused 16 can receive counselling and perhaps gain some 17 insight into what has transpired here and work 18 towards the completion of his Grade 12 education 19 would be appropriate. 20 Please stand, Mr. Wedawin. 21 For the offence of sexual assault in this 22 case, I sentence you to a term of imprisonment of 23 18 months to be followed by a period of probation 24 of two years. 25 The terms of your probation are: 26 1. That you are keep the peace and be of 27 good behaviour. Official Court Reporters 22 1 2. You are to report to the Court if and 2 when required to do so. 3 3. You are to be under the supervision of a 4 probation officer. 5 4. You are to report to the probation 6 officer within 72 hours of your release and 7 continue reporting to the probation officer as 8 and when directed. 9 5. You are to abstain absolutely from the 10 consumption of or possession of alcohol or drugs 11 or any other intoxicating substances. 12 6. For the first six months after your 13 release, you are to live in the community of 14 Gameti and pursue gainful employment and you 15 shall not leave the community during the six 16 month period without leave of this Court. 17 7. While you are incarcerated and during the 18 term of your probation, you shall refrain from 19 communicating with the victim or any of her 20 family members. 21 Do you understand that, Mr. Wedawin? 22 THE ACCUSED: Yes. 23 THE COURT: You may sit down. 24 Given that Mr. Wedawin has been gainfully 25 employed, I order that he is to pay a victim 26 surcharge of $100 within 30 days of today's date. 27 In addition, there will be an order Official Court Reporters 23 1 requiring the accused to provide a sample for DNA 2 analysis and submission to the DNA databank 3 pursuant to Section 487.051 of the Criminal Code. 4 And there will be an order that Mr. Wedawin 5 comply with the provision of the Sexual Offender 6 Information Registration Act for the designated 7 period of 20 years pursuant to Section 487.012 of 8 the Criminal Code. 9 Third, I make an order under the mandatory 10 provisions of Section 109 of the Code prohibiting 11 the accused from having in his possession any 12 firearms, ammunition, or explosives for a period 13 of no less than ten years from the date of his 14 release from his sentence of imprisonment ending 15 ten years after that date. 16 This was not addressed during submissions. 17 Mr. Latimer, are you asking that the accused be 18 allowed to carry firearms, an exception be made 19 for subsistence hunting? 20 MR. LATIMER: Yes, I am, Your Honour. 21 THE COURT: Is the Crown disagreeing with 22 that or have any position to take on that? 23 MS. ANDREWS: No position, Your Honour. 24 MR. LATIMER: Thank you, Your Honour. 25 THE COURT: The Court will order then that 26 Mr. Wedawin be allowed to possess a firearm for 27 the purpose of subsistence hunting pursuant to Official Court Reporters 24 1 Section 110 of the Criminal Code. 2 Exhibits? You asked that the exhibits be 3 destroyed after the appeal period has elapsed, 4 Ms. Andrews? 5 MS. ANDREWS: Yes, Your Honour. 6 MR. LATIMER: No objection. 7 THE COURT: All right, the exhibits can be 8 destroyed -- would you prefer they be returned to 9 the RCMP who are at liberty to destroy the 10 exhibits? 11 MS. ANDREWS: That sounds like a good idea, 12 if they could please be returned to the RCMP. 13 THE COURT: The exhibits shall be returned 14 to the RCMP at the expiration of the appeal 15 period. 16 Is there anything else, counsel? 17 MS. ANDREWS: Not from the Crown, Your 18 Honour. 19 MR. LATIMER: No, Your Honour. 20 THE COURT: Mr. Wedawin, this has all been 21 very unfortunate. Your counsel has said that you 22 lack insight, maturity, and in doing so he has, I 23 think, fairly characterized your approach to this 24 matter. I hope sincerely that you are able to 25 sort through your difficulties and put them in 26 perspective, serve your sentence, and go back to 27 your parents. By all reports you have a Official Court Reporters 25 1 wonderful family and you can have a wonderful 2 future ahead of you. And I would encourage you 3 to accept responsibility for what happened here 4 and to get the most out of your experience while 5 you are incarcerated and I think, Mr. Wedawin, 6 deep down you are a good person. And I wish you 7 well. 8 Thank you, and I would like to thank the 9 court staff. Court will be closed. 10 ------------------------------------- 11 12 13 Certified to be a true and accurate transcript pursuant 14 to Rules 723 and 724 of the Supreme Court Rules, 15 16 17 18 ____________________________ 19 Lois Hewitt, CSR(A), RPR, CRR Court Reporter 20 21 22 23 24 25 26 27 Official Court Reporters 26
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