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Abstract: Transcript of the Oral Reasons for Sentence
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R. v. Emile, 2008 NWTSC 50 S-1-CR-2008000009 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES IN THE MATTER OF: HER MAJESTY THE QUEEN - and - JOSEPH EMILE _____________________________________________________ Transcript of the Oral Reasons for Sentence delivered by the Honourable Justice L.A.M. Charbonneau, sitting at Fort Smith, in the Northwest Territories, on July 4th, A.D. 2008. _____________________________________________________ APPEARANCES: Mr. J. MacFarlane: Counsel for the Crown Mr. H. Latimer: Counsel for the Accused (Charge under s. 236(b) Criminal Code) Official Court Reporters 1 THE COURT: Good afternoon, everyone. 2 MR. LATIMER: Good afternoon. 3 MR. MacFARLANE: Good afternoon, Your Honour. 4 Just for the record, I have Constable King seated 5 with me at the counsel table. 6 THE COURT: Thank you. 7 MR. LATIMER: Yes. Hugh Latimer here for 8 the Defence, Your Honour. 9 THE COURT: I am ready to give my reasons 10 for sentence on this matter following the 11 evidence that was called yesterday and following 12 the very thorough submissions that were made by 13 both lawyers in this case, for which I thank 14 them, because they were very helpful in arriving 15 at a decision in this difficult case. 16 On June 24th, 2007 Joseph Emile got into an 17 argument with his brother, Jackson Benwell. They 18 both had been drinking. There is no evidence of 19 what caused the argument, but, whatever it was, 20 it led to a physical fight that went on for some 21 time in the house that they were in and then 22 continued for some time outside the house on the 23 road and in the ditch. People intervened to stop 24 that fight and Mr. Emile went home. There - and, 25 again, there is no evidence of why - he started 26 assaulting his sister, Evelyn. Another sister, 27 Trinity, tried to intervene, but had a hard time Official Court Reporters 1 1 stopping Mr. Emile, but eventually he did stop. 2 Evelyn went to the house where Mr. Benwell was, 3 told him that she had been assaulted by Mr. 4 Emile, and that prompted Mr. Benwell to go to Mr. 5 Emile's house. Mr. Benwell, it appears, said to 6 some people that were there that he would teach 7 Mr. Emile a lesson. Meanwhile, Mr. Emile had 8 called the police, and that call was still 9 happening when Mr. Benwell arrived at the house. 10 There were some different interpretations or 11 arguments made by counsel yesterday about what 12 the purpose of the call that Mr. Emile made was, 13 so I am going to quote directly from the Agreed 14 Statement of Facts at paragraph 7, which deals 15 with the question of that phone call. Paragraph 16 7 reads: 17 "While Jackson Benwell was on his 18 way to 77 St. Ann's Street, the 19 accused called the RCMP OCC operator 20 and identified himself. That call 21 was recorded. The accused asked the 22 operator if the RCMP were going to 23 send an officer before 'I fuck with 24 my brother'. He also told the 25 operator that 'I'm gonna fuck up my 26 brother outside right now, he's 27 coming to see me'. He further said Official Court Reporters 2 1 'He's gonna come inside and I don't 2 want him in here ... I'll have to 3 use illegal force ... I'm gonna have 4 to use illegal force, to keep him 5 out'. 6 That is the end of the quote from the Agreed 7 Statement of Facts. 8 I do not think it is necessary to put a 9 specific characterization on that call. I would 10 not characterize it as a call for assistance in 11 the way that we often see calls made to the RCMP. 12 It may have been part asking for help, part 13 warning that something may happen, but, as I said 14 already, I do not think in this case it makes a 15 big difference. 16 Mr. Benwell arrived during that call and, 17 again, an argument started between him and Mr. 18 Emile that, again, escalated to a physical fight. 19 Their sister, for the second time that evening, 20 unfortunately, had to try to break up a fight in 21 that house and did everything that she could to 22 stop it, but was not able to, although eventually 23 the fight did end. Mr. Benwell left the house 24 and less than a minute after he did that Mr. 25 Emile ran out of the house with a steak knife in 26 his hand. Mr. Benwell looked back, saw him and 27 started to run. Mr. Emile chased him two houses Official Court Reporters 3 1 down, caught up with him and started to hit him 2 with the knife. Mr. Emile then ran back to his 3 house. 4 Mr. Benwell died very soon afterwards. That 5 is because one of the stab wounds penetrated his 6 heart and that caused his death from losing too 7 much blood. He had three other stab wounds; one 8 in the shoulder area and one more superficial cut 9 on the palm of one of his hands and on the back 10 of the other hand. 11 Mr. Emile was arrested shortly thereafter 12 and he has been in custody ever since. Very soon 13 after this happened he wrote an apology letter to 14 his family which was filed yesterday as an 15 exhibit. Again, in court yesterday Mr. Emile 16 said that he was sorry, and I have no hesitation 17 in believing him. 18 There is no doubt in my mind that, quite 19 apart from any sentence the Court imposes for 20 this crime, Mr. Emile started serving another 21 kind of sentence the minute he learned that Mr. 22 Benwell had died. One witness said yesterday 23 that this will haunt Mr. Emile for the rest of 24 his life, and I am sure that that is true. It is 25 something that he will have to learn to live with 26 every day from now on and has been for over a 27 year. Official Court Reporters 4 1 But today, it is my responsibility to decide 2 what sentence should be imposed on Mr. Emile for 3 this crime in the context and within the 4 parameters of the criminal justice system. 5 Because this sad, tragic case is not just about 6 these two young men and their families or even 7 their community. There is also at stake the 8 broader public interest at large, because, sadly, 9 this is not the first time that someone dies at 10 the hands of a close relative or a close friend 11 in the context of a drunken fight fuelled by 12 alcohol. These types of incidents are all too 13 common, unfortunately. Each time they bring 14 shock, grief, disbelief that such things can 15 happen and terrible lingering pain for those 16 involved. 17 I could not agree more with what Chief 18 Daniels has said yesterday when he testified. 19 The community has to be involved, has to take 20 concrete steps to try to address the root causes 21 of this type of event. Alcohol abuse, anger and 22 violence cause ravages in communities all across 23 the Northwest Territories and elsewhere. The 24 solutions to the underlying problems will not 25 come from the outside, from the police or from 26 the courts, because the criminal justice system 27 responds after the fact. It can do very little Official Court Reporters 5 1 to get at the root causes. 2 Other Judges have said this before. Some 3 have said it very well; so well, in fact, that I 4 will simply quote from two of the cases that were 5 filed yesterday, because although they are cases 6 from other communities, the words spoken in those 7 cases ring equally true in this case. 8 The Sangris case was a case from Yellowknife 9 dating back to 2003. At paragraphs 4 and 5 of 10 that decision the Court said: 11 "I note the large number of people 12 in the courtroom yesterday and today 13 from N'Dilo and from Yellowknife. 14 Everybody has now heard of the 15 circumstances that led to Eddie Paul 16 Beyonnie's death and to Derek 17 Sangris being sent away to jail. 18 I hope that each person when 19 they leave the courtroom today, 20 young and old, will reflect on this 21 underlying cause, the abuse of 22 alcohol by young people in the 23 community, and ask themselves if 24 anything is going to change in the 25 community because of this tragedy; 26 will ask themselves if there is 27 anything that he or she should be Official Court Reporters 6 1 doing to deal with this serious 2 social problem. Or is it the case 3 that nothing will change? Will it 4 only be a matter of time before 5 another tragedy like this happens 6 again; next month, next year or the 7 year after that? How many bright, 8 talented, healthy young men like 9 Eddie Paul Beyonnie will die before 10 any changes are made in the 11 community to deal with the excessive 12 drinking by young people?" 13 That is the end of the quote from the Sangris 14 case. 15 Then in R. v. D.N.K., which is a decision 16 from 2004, this time the events happened in Fort 17 Good Hope, and I am quoting now what the Court 18 said in paragraphs 8 to 14. It is a long quote, 19 but I think it is worth repeating what was said 20 then. 21 "This type of drunken altercation 22 with tragic circumstances and tragic 23 consequences is not something new to 24 this Court. Sadly - sadly - it has 25 happened all too often in this small 26 jurisdiction, as indicated by 27 counsels' references to some other Official Court Reporters 7 1 cases from other communities. 2 Violent crime invariably 3 associated with excessive alcohol 4 consumption has continued and 5 continued for many years in our 6 communities. In each of the last 7 three or four years, the rate of 8 violent crime in this jurisdiction 9 has been five or six times the 10 national average. It is clear, 11 then, that a meaningful deterrent 12 sentence is required in a case such 13 as this one. 14 The Court can do little else 15 but to impose a significant sentence 16 of imprisonment upon Mr. D.N.K.; a 17 sentence that reflects the gravity 18 of the crime he has committed and 19 the degree of his moral culpability 20 for this crime. 21 But is there anything else that 22 the community can do? Is there 23 anything else that can be done here 24 in the community of Fort Good Hope 25 in an effort to ensure that such a 26 tragedy does not occur again here? 27 Or is it the case that in a few Official Court Reporters 8 1 months the tragic circumstances 2 which led to Jeffery Kelly's death 3 and D.N.K.'s lengthy incarceration 4 will be forgotten? And by 5 circumstances, I am referring to the 6 excessive consumption of alcohol by 7 young men in this community. 8 Will any lessons be learned by 9 this tragedy? Will anything change? 10 I leave those questions with 11 the community, and particularly with 12 the community leaders. The primary 13 purpose of the sentence to be 14 imposed by the Court today is the 15 protection of the members of the 16 community, but in my respectful 17 view, the Court alone cannot achieve 18 this goal. In my respectful view, 19 there is a large role for the 20 community itself and the community 21 leaders." 22 That is the end of the quote from D.N.K. 23 These words, I would say every one of these 24 words, applies here. I ask myself those exact 25 same questions: Will this tragedy change 26 anything? And I, too, leave this question with 27 this community and with its leaders. Official Court Reporters 9 1 All that being said, every sentencing that 2 the Court does has to take into account general 3 principles of sentencing, the circumstances of 4 the offence and the circumstances of the 5 offender. 6 The principles of sentencing were referred 7 to by both lawyers yesterday in some detail. 8 They are written in the Criminal Code, and I, 9 too, want to refer to some of them, because they 10 are important. They provide the framework that 11 the Court by law has to work with in trying to 12 arrive at a fit sentence for a crime. 13 So the first section I want to refer to is 14 section 718. That is the section that explains 15 what the fundamental purpose of sentencing is, 16 and it says that that purpose, 17 "... is to contribute, along with 18 crime prevention initiatives, to 19 respect for the law and the 20 maintenance of a just, peaceful and 21 safe society by imposing just 22 sanctions that have one or more of 23 the following objectives." 24 And those objectives are: 25 (a) to denounce unlawful conduct; 26 (b) to deter the offender and other 27 persons from committing offences; Official Court Reporters 10 1 (c) to separate offenders from 2 society, where necessary; 3 (d) to assist in rehabilitating 4 offenders; 5 (e) to provide reparations for harm 6 done to victims or to the community; and 7 (f) to promote a sense of 8 responsibility in offenders, and 9 acknowledgement of the harm done to 10 victims and to the community." 11 Section 718.1 talks about the fundamental 12 principle of sentencing, which is that, 13 "A sentence must be proportionate to 14 the gravity of the offence and the 15 degree of responsibility of the 16 offender." 17 Then section 718.2 sets out other 18 principles, which I will not all read, because 19 some of them are not applicable in this case, 20 though the two that I think are the most relevant 21 in that section are: 22 "(b) a sentence should be similar to 23 sentences imposed on similar 24 offenders for similar offences 25 committed in similar circumstances; 26 (e) all available sanctions other 27 than imprisonment that are Official Court Reporters 11 1 reasonable in the circumstances 2 should be considered for all 3 offenders, with particular attention 4 to the circumstances of aboriginal 5 offenders." 6 Those are the principles that I must apply today. 7 Next, I have to consider the circumstances 8 of the offence. The offence that Mr. Emile has 9 committed is a very serious one. It is so 10 serious that it can be punishable by life 11 imprisonment. As counsel have said, manslaughter 12 is a crime that can involve a wide range of 13 conduct and a wide range of culpability or 14 blameworthiness, because it can arise from 15 conduct coming very close to what would otherwise 16 be an accident and it can also include conduct 17 that is very, very close to murder, which is the 18 intentional killing of another person. 19 In my view, stabbing someone in the chest 20 with a knife, even if it happens in a context 21 where there has been arguing and fighting leading 22 up to it, is conduct that falls at the high end 23 of moral culpability and moral blameworthiness. 24 It is not at all like the situation, for example, 25 where someone shoves or pushes someone unlawfully 26 and that person trips and falls and hits their 27 head and dies as a result. There are cases where Official Court Reporters 12 1 that actually happens. But stabbing someone 2 through the chest is almost certain to cause 3 serious harm or death to the person. When it 4 does not, when it is an inch to the right or an 5 inch to the left or the knife hits a bone and the 6 victim ends up with a few stitches, that is the 7 result of pure luck. It has nothing to do with 8 the seriousness of the act. 9 One of the issues in this case that I heard 10 submissions about yesterday was whether there was 11 or not a gap in the altercation involving these 12 two young men. I accept that the events of that 13 evening unfolded in a relatively continuous way 14 with the common denominator of senseless, useless 15 and wasteful drunken violence. But, Mr. Emile 16 made a choice not only to arm himself with a 17 knife during these events, but he made a decision 18 to go after his brother and to chase him when his 19 brother tried to run away. So with or without a 20 gap, I find that those actions involve a high 21 level of moral blameworthiness. 22 It is also an aggravating factor that Mr. 23 Emile was on process. That is, he was bound by 24 separate court orders at the time and he was on 25 the condition not to drink alcohol. That is an 26 aggravating factor that I have taken into 27 account. Official Court Reporters 13 1 I must also take into account, as I have 2 already said, Mr. Emile's personal circumstances. 3 He is a very young man. He has a criminal 4 record, which was filed as an exhibit, but I 5 attach very little weight to that record. It is 6 unrelated and it is relatively minor. Having a 7 criminal record is always a factor on sentencing, 8 but in this case I do not find that it is a 9 significant one. 10 I heard testimony from his former employer 11 that he was a good worker, a good employee, that 12 he always got along well with his co-workers and 13 customers. I think it says a lot that this 14 former employer continues to say that when Mr. 15 Emile is released from custody, whenever that is, 16 he will have a job with that company if he wants 17 one. 18 Mr. Emile has been on remand for one year, 19 and he has started to attend AA meetings. He has 20 said that he will go to AA meetings for the rest 21 of his life, which suggests he recognizes now 22 that alcohol is something he needs to stay away 23 from. I hope that with some help he can also 24 eventually understand where this violence that 25 was displayed on that night comes from, because 26 alcohol may be a trigger or something that 27 contributes to loss of control, but alcohol is Official Court Reporters 14 1 not the source of the violence. 2 I heard evidence from Mr. Emile's father. 3 He talked about some of his own struggles with 4 alcohol and violence. He talked about how he 5 wanted to try to make up for some of the lost 6 time, in particular with his sons; something now 7 he will not have an opportunity to do with 8 Mr. Benwell, but that he still wants to do with 9 Mr. Emile. He talked about how he forgives his 10 son for what has happened and how he will be 11 there for him when he is released. 12 I did not hear a lot of details about the 13 circumstances of Mr. Emile growing up, but enough 14 to understand that there was alcohol abuse and 15 violence in the home. On a more positive note, 16 he did have an opportunity to go trapping with 17 his father from time to time, and his father 18 wants a chance to teach him more hunting and 19 trapping skills. Mr. Emile's family is part of 20 the Smith Landing Band. English was the language 21 mostly spoken in the home, although there was 22 also some Chipewyan spoken. 23 Mr. Emile's Aboriginal heritage is a factor 24 that has to be considered in sentencing him. His 25 lawyer has argued it is a significant factor and 26 has asked me to give it much weight. 27 The cases that the lawyers have referred to, Official Court Reporters 15 1 R. v. Gladue and R. v. Wells, were cases from the 2 Supreme Court of Canada, which is the highest 3 court in the country, and those cases gave 4 guidance to sentencing Judges about how they 5 should approach sentencing of Aboriginal 6 offenders. I am not going to read from the cases 7 themselves, but I have reviewed them both in my 8 deliberations, and I want to talk in a general 9 way about some of the principles that they stand 10 for. 11 The cases talk about the importance of 12 approaching the sentencing of Aboriginal 13 offenders in a manner that is different and that 14 takes into account their situation. That is 15 because the law recognizes that there are 16 systemic and historical factors that have greatly 17 disadvantaged Aboriginal people, subjected many 18 of them to difficult conditions, and that those 19 conditions have contributed to some of them 20 coming into conflict with the law, and it has 21 contributed to the overrepresentation of 22 Aboriginal people in jails in Canada. So the 23 Court has to be sensitive to those factors and 24 see whether in a specific case how that reality 25 should impact on the sentence to be imposed. 26 The Court also has to consider whether, 27 because of those factors, an approach to Official Court Reporters 16 1 sentencing that is more restorative and more in 2 line with the offender's culture and heritage and 3 traditional approaches to resolving conflict 4 might be appropriate. For example, there might 5 be cases where, instead of sending someone to 6 jail, a community based sentence is better to 7 achieve the goals of sentencing, the offender's 8 rehabilitation, the denunciation of the crime and 9 the reparation of harm done to the victims and 10 the community. 11 This different approach does not necessarily 12 mean that there will be a different result, 13 although, in appropriate cases, it might. There 14 is no automatic reduction of the length of 15 sentence because of this approach, but a shorter 16 sentence or a different type of sentence may 17 sometimes be the result of factoring in these 18 various things. But the Supreme Court has also 19 said that there are cases where this different 20 approach and these factors will not lead to a 21 different result, and the Court has said that the 22 more serious the offence, the less likely it is 23 to lead to a different result. This is simply 24 because all the other sentencing principles also 25 have to be taken into account. 26 So going back to what the section in the 27 Criminal Code says, it says that: Official Court Reporters 17 1 "All sanctions other than 2 imprisonment that are reasonable in 3 the circumstances must be considered 4 with particular attention to the 5 circumstances of Aboriginal 6 offenders." 7 In the circumstances of this offence, there 8 are no reasonable alternatives to a significant 9 jail term being imposed. As I have already said, 10 these types of incidents where knifes are 11 introduced into fights are all too common. There 12 are probably cases of assault with a weapon on 13 virtually every docket of the Territorial Court 14 in the various communities where it sits. 15 Surprisingly enough, amazingly enough, there are 16 many times where the victim is not injured or is 17 not injured seriously, and often in those cases 18 Judges will say to the accused, it could have 19 easily been far worse. As I have already said, 20 often times it is a matter of centimetres or 21 inches and pure luck. And maybe it is because 22 people use knives and other weapons to assault 23 others so often and, relatively speaking, it is 24 so rare that a death occurs that people begin to 25 think it maybe is not that bad to use weapons, 26 not that dangerous. So the Court has to denounce 27 that conduct firmly, even when after the fact the Official Court Reporters 18 1 remorse and the sorrow are very real. 2 So although I have taken into account Mr. 3 Emile's Aboriginal heritage, in the circumstances 4 of this case it cannot lead me to reduce 5 significantly the sentence that must be imposed. 6 There is another sentencing principle that I 7 have mentioned, the one that says that similar 8 offences committed in similar ways by similar 9 offenders should lead to similar sentences. 10 The cases that were filed were very helpful 11 in establishing the range of sentences that are 12 imposed in this jurisdiction for crimes of this 13 type. Of course, no two cases are ever the same. 14 The lawyers have done very well in pointing out 15 the similarities and differences between the 16 cases that were filed and this case. I have read 17 those cases carefully, the ones that were filed, 18 and I think that the Sangris case, which I have 19 already quoted from, is the one that is the most 20 similar to this one, although I do find the 21 circumstances in that case are more aggravating 22 than the ones in this case, and Mr. Sangris, it 23 must be remembered, got the equivalent of a 24 seven-year sentence. 25 The Emikotailuk case also has some 26 similarities, but, because the decision does not 27 provide a lot of details about the facts, it is a Official Court Reporters 19 1 little bit harder to compare, but he, too, got a 2 sentence the equivalent of seven years. 3 In the final analysis in this case, the 4 Crown says a sentence between six and seven years 5 is appropriate and is arguing for the high end of 6 that range. Taking into account the time that 7 Mr. Emile has already spent on remand, for which 8 the Crown acknowledges he should receive credit, 9 that means I should impose a sentence between 10 four and five years, and the Crown is asking for 11 the higher end of that range. So, for all 12 intents and purposes, the Crown is asking me to 13 impose a further jail term of five years. 14 Defence counsel agrees - and this is fair 15 and in Defence counsel's usual way - he agrees 16 that what the Crown is asking for is reasonable 17 and within the range of sentences that can be 18 imposed for this type of offence. He asks me to 19 depart from that range to take into account Mr. 20 Emile's Aboriginal heritage, the main reason 21 being to enable him to serve his sentence in the 22 Northwest Territories as opposed to a southern 23 penitentiary. This is so that Mr. Emile can 24 access programs that are geared towards the 25 people of this jurisdiction and also so he can 26 remain closer to where his family and other 27 members of the community can be in contact with Official Court Reporters 20 1 him and visit him to make his reinsertion and 2 return to the community easier when he is 3 released. 4 A sentence of two years or more normally is 5 served in a federal institution, and we do not 6 have a federal institution in the Northwest 7 Territories. So the only way for me to be sure 8 that Mr. Emile would serve his sentence in the 9 North would be to impose a sentence of no more 10 than two years less one day. That is also the 11 maximum sentence I would have to impose if I 12 wanted to have the period of jail followed by 13 probation, and I accept that it probably would be 14 useful for Mr. Emile to be supervised for a time 15 after his release and that probation might be 16 good for him. But I simply cannot, on the facts 17 of this case, impose a sentence in that range. 18 But I want to make sure that Mr. Emile and 19 others understand that I have listened carefully 20 to what has been said about this issue yesterday. 21 I listened carefully and I understand what the 22 witnesses said about why it would be better for 23 Mr. Emile not to go to a federal penitentiary far 24 away from his home. I have taken into account 25 also what I heard about the programs available in 26 the northern facilities, and I agree that Mr. 27 Emile's ability to come back to his community and Official Court Reporters 21 1 be reintegrated is going to be better if he can 2 stay in touch with his family and community 3 members. Mr. Emile himself recognized the need 4 for support from his family soon after these 5 events, because he referred to it in the letter 6 of apology that he wrote. 7 But I cannot impose a sentence of two years 8 less a day for this offence, because such a 9 sentence would not take into account some of the 10 important sentencing principles that I have 11 talked about. It would not send the kind of 12 message that needs to be sent generally, 13 especially considering how often these types of 14 incidents occur in this jurisdiction. So 15 although defence counsel has said absolutely 16 everything that could be said to support this 17 request, I am not able to agree to it. 18 I have taken into account Mr. Emile's guilty 19 plea, for which I accept he should receive full 20 credit. I have also taken into consideration his 21 young age, the fact that his criminal record is 22 minor, and I have reminded myself, as the Judge 23 did in the Aquiatusuk case filed by the Crown, 24 that no sentence or punishment should be more 25 harsh or severe than necessary in order to 26 achieve its purpose. 27 So factoring all of this, exercising as much Official Court Reporters 22 1 restraint as I feel I can under the 2 circumstances, and although I find this 3 particular case very close to the Sangris and 4 Emikotailuk cases as far as seriousness, I will 5 impose a sentence at the lowest end of the range 6 suggested by the Crown. 7 I have absolutely no hesitation in 8 recommending that correctional authorities 9 consider allowing Mr. Emile to serve his sentence 10 in the Northwest Territories, and I make that 11 recommendation in the strongest possible terms in 12 the circumstances of this case, for all the 13 reasons that his lawyer talked about, for the 14 reasons that some of the witnesses talked about 15 and for some of the reasons that I, myself, have 16 talked about. 17 If I could order that Mr. Emile serve his 18 sentence in the North, I would. Hopefully, the 19 correctional authorities will take into 20 consideration what I have said and take my 21 recommendation into account when the time comes 22 to make the decision. 23 In the hopes that this happens, I am going 24 to make a direction in this case that is a little 25 bit out of the ordinary. Usually correctional 26 authorities get a copy of the reasons for 27 sentence, but they do not necessarily get a copy Official Court Reporters 23 1 of the entire transcript of the sentencing 2 hearing, or at least I don't think they do. So 3 in this case I am directing that a transcript of 4 the full sentencing hearing, including the 5 evidence that was called yesterday, will be filed 6 by the Court Reporter and provided to the 7 correctional authorities so that they, too, have 8 all the details of what people have said and the 9 full context of the situation, and I hope that 10 that will help them make a decision about where 11 Mr. Emile should serve his sentence. 12 Mr. Emile, please stand. Mr. Emile, for the 13 crime of manslaughter you have committed and, as 14 I say, exercising as much restraint as I feel I 15 can, I have concluded that the appropriate 16 sentence should be six years. Because you have 17 already been in jail for one year, I am 18 sentencing you to four years in jail. So now you 19 can sit down. 20 Madam Clerk, the Warrant of Committal, as I 21 said, should be endorsed with the Court's 22 strongest recommendation that Mr. Emile be 23 allowed to serve his sentence in the Northwest 24 Territories and a transcript of the full hearing 25 is to be filed with the Court and provided to 26 those authorities. 27 There will also be a firearms prohibition Official Court Reporters 24 1 order for a period of ten years. Any firearms in 2 the possession of Mr. Emile are to be surrendered 3 forthwith. This order is made under section 109 4 of the Criminal Code. 5 There will also be a DNA order in the usual 6 form, because this is a primary designated 7 offence for which the Court has no discretion not 8 to make the order. 9 I have considered the provisions of section 10 737 of the Code that deal with the victim of 11 crime surcharge. Because of the length of the 12 jail term that I am imposing, I am not going to 13 make an order for a surcharge, because it is in 14 my discretion to waive it. 15 Do counsel need any specific order having 16 regard to exhibits? 17 MR. MacFARLANE: Yes, Your Honour. Madam Clerk 18 brought to my attention there was one exhibit in 19 particular that was filed at the Preliminary 20 Inquiry, and, as Your Honour is aware, those 21 exhibits were passed on to the Supreme Court. 22 The exhibit in question is the OCC call that we 23 have made reference to and the CD or a copy of 24 it, and if that could be returned to the Crown. 25 I leave it in Your Honour and my friend's hands 26 whether that be done immediately, if he consents, 27 or at the -- Official Court Reporters 25 1 MR. LATIMER: I will consent. I consent. 2 MR. MacFARLANE: Of if we need to wait till the 3 expiration of the appeal period. 4 THE COURT: What about exhibits that 5 remain in the custody of the RCMP? Do you want 6 an order for their destruction or return, 7 anything returned to their lawful owners? 8 MR. MacFARLANE: I hadn't turned my mind to 9 that, Your Honour. 10 THE COURT: Well, I think what I will do, 11 then, I will make the order, subject to the 12 expiration of the appeal period, just to be on 13 the safe side. The exhibit that is in the 14 Court's custody will be returned forthwith to the 15 RCMP, and then all exhibits at the expiration of 16 the appeal period will be either destroyed or 17 returned to their lawful owners, if appropriate. 18 So there will be some time for the RCMP to 19 canvass with those concerned if there is anything 20 that people want returned, because I don't know 21 what the exhibits were, it is hard to tell, and 22 often times people do not want things back, but 23 that option will be there if anybody does. 24 MR. MacFARLANE: Thank you, Your Honour. 25 THE COURT: Is there any further order 26 that the Crown needs? 27 MR. MacFARLANE: Not as far as I'm aware, no, Official Court Reporters 26 1 Your Honour. 2 THE COURT: Anything the Defence needs? 3 MR. LATIMER: No. No, Your Honour. 4 THE COURT: Mr. Emile, I know this is a 5 long sentence and it does not make me happy to 6 send a young man like you to jail for as long, 7 but you are young now and you will be young when 8 you get released. You have family support, you 9 have community support, and in that sense you 10 have something that a lot of people who come 11 before the Court to be sentenced do not have, 12 because you probably know this, but many people 13 stand alone or with their lawyer, but with no one 14 else that believes in them and wants to help 15 them. So you have that on your side. 16 It is the Court's sincere hope that you will 17 get on the right track and stay on the right 18 track. You have reason to have hope in the 19 future, and you might actually be able to help 20 others, because you know firsthand the kind of 21 damage that alcohol and violence can do, and 22 there are people who may listen to you a lot more 23 than they listen to outsiders like the police or 24 the Court. So if you make the right choices, 25 there is reason for you to have hope and to 26 contribute to your community, and sincerely that 27 is my wish for you. Official Court Reporters 27 1 THE ACCUSED: Thanks. 2 ..................................... 3 4 5 Certified to be a true and accurate transcript pursuant 6 to Rules 723 and 724 of the Supreme Court Rules. 7 8 ______________________________ 9 Jill MacDonald, RMR 10 Court Reporter 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Official Court Reporters 28
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