Supreme Court
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Decision information:
Abstract: Transcript of the Reasons for Sentence
Decision Content
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
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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
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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.
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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,
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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
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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,
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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.
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13 Certified to be a true and
accurate transcript pursuant
14 to Rules 723 and 724 of the
Supreme Court Rules,
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18 ____________________________
19 Lois Hewitt, CSR(A), RPR, CRR
Court Reporter
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