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Abstract: Transcript of the Reasons for Sentence
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R. v. Bertrand, 2011 NWTSC 30 S-1-CR-2010-000190 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES IN THE MATTER OF: HER MAJESTY THE QUEEN - v - JEFFREY BERTRAND __________________________________________________________ Transcript of the Reasons for Sentence delivered by The Honourable Justice L.F. Gower, sitting in Fort Simpson, in the Northwest Territories, on the 24th day of May, A.D. 2011. __________________________________________________________ APPEARANCES: Mr. A. Godfrey: Counsel for the Crown Mr. S. Petitpas: Counsel for the Accused (Charge under s. 267 of the Criminal Code of Canada) Official Court Reporters 1 THE COURT: Jeffrey Bertrand has today 2 entered a plea of guilty to the included offence 3 of assault causing bodily harm, under Section 4 267(b) of the Criminal Code, for an incident on 5 September 4, 2009, in Fort Liard, Northwest 6 Territories, against Jonathan McLeod. 7 The facts briefly are that on that date 8 Mr. McLeod had been drinking with another young 9 person in Fort Liard and had been walking around 10 the town for a few hours. They met up with 11 Mr. Bertrand at a crossroads. Mr. Bertrand had 12 also been drinking. Mr. McLeod and Mr. Bertrand 13 began swearing and insulting each other for no 14 particular reason. They were known to each 15 other, and prior to this particular day, they 16 usually got along. 17 The matter escalated. A consensual fight 18 began between the two of them. Mr. McLeod was 19 knocked to the ground and knocked out. 20 Mr. Bertrand struck Mr. McLeod's face and neck 21 area with kicking motions. The fight was broken 22 up by Mr. McLeod's other friend, Tyson McLeod, 23 and Jonathan McLeod was helped home by Tyson 24 where he went to bed. The following day he was 25 complaining of pain to his neck and back and 26 ultimately had to be medevaced to the University 27 of Alberta Hospital where he was diagnosed with Official Court Reporters 1 1 having a fractured vertebra in this neck, 2 although no neurological damage was noted. It 3 appears no surgery was required, although 4 Mr. McLeod did have to wear a neck brace for 5 seven weeks and had to return to Edmonton for a 6 check-up. Otherwise, he seems to have recovered 7 from his injuries. 8 Mr. Bertrand's circumstances are as follows. 9 He is 20 years of age. He is a Slavey First 10 Nations person, raised in Fort Liard where he 11 lives with his parents, and he is currently 12 single and has no dependents. He has a twin 13 brother and a sister, and unfortunately had an 14 older sister who died by homicide last year, 15 which death has had a severe emotional impact on 16 Mr. Bertrand and has caused him some 17 difficulties. 18 To his credit, he was able to complete his 19 Grade 12 education in 2008 and has expressed an 20 interest in becoming trained as a carpenter. 21 Although he is currently unemployed, he has had 22 employment on a casual basis for catering 23 companies and local contractors in Fort Liard. 24 He says he is remorseful and wishes to 25 apologize to the victim and community members for 26 his conduct. He explains that he was heavily 27 intoxicated that evening and, although he doesn't Official Court Reporters 2 1 have much of a memory of the event, he does take 2 full responsibility for his actions. 3 He recognizes that he needs to deal with his 4 alcohol problem. He explains that he started 5 drinking at the age of 12 and that he was raised 6 in a home which was plagued by alcohol abuse. 7 Some of his other family members are residential 8 school survivors, and that may have had something 9 to do with the degree in which alcohol has been a 10 dysfunctional factor in the home. 11 Mr. Bertrand does have a criminal record 12 which started as a youth in 2004 and has 13 continued to as recently as January of this year 14 for a breach of probation. However, there are no 15 prior related offences of violence on that 16 criminal record. 17 Counsel have made a joint submission on the 18 quantum of sentence. They ask that I impose a 19 jail sentence of 12 months, with a recommendation 20 that Mr. Bertrand be allowed to serve that time 21 in the South Mackenzie Correctional Centre in 22 Hay River, and that the jail sentence will be 23 followed by a period of probation for 18 months. 24 Counsel have provided me with a booklet of 25 five case authorities, and I would ask that Madam 26 Reporter append the list of those authorities as 27 Schedule "A" to any published version of these Official Court Reporters 3 1 reasons. I have reviewed those authorities and I 2 am satisfied that the sentence suggested is 3 clearly within the range and is appropriate in 4 the circumstances. 5 The guilty plea in this case is a mitigating 6 factor. This matter was originally scheduled for 7 a jury trial. That trial has been saved and the 8 need for a number of witnesses to testify has 9 been alleviated by way of his guilty plea. 10 There has been no Victim Impact Statement 11 filed. 12 So in summary then, I am going to sentence 13 Mr. Bertrand to a period of 12 months' 14 imprisonment, to be immediately followed by a 15 probation order for a period of 18 months. The 16 terms of that probation order will include the 17 statutory conditions in Section 732.1(2), namely 18 that you will keep the peace and be of good 19 behaviour, you will appear before the Court when 20 required to do so by the Court, and that you will 21 notify the Court or your probation officer in 22 advance any of change of name or address and 23 promptly notify the Court or probation officer of 24 any change of employment or occupation. You will 25 report to the probation officer upon your release 26 from incarceration within five working days, and 27 then you will report to the probation officer as Official Court Reporters 4 1 and when directed by the probation officer. In 2 addition, there will be a condition that you 3 attend for such alcohol assessment, treatment, 4 and counselling as may be directed by your 5 probation officer. You will have no contact with 6 Mr. Jonathan McLeod unless he consents to such 7 contact and maintains that consent. 8 There will be a mandatory DNA order as this 9 is a primary designated offence. There will be a 10 firearms prohibition under Section 109 of the 11 Criminal Code for a period of ten years. Because 12 you are presently unemployed, the victim of crime 13 surcharge will be waived. And, finally, I will 14 make the judicial recommendation that you be 15 allowed to serve your jail time at the South 16 Mackenzie Correctional Centre. 17 Counsel, have I omitted anything? Do you 18 have any questions? 19 MR. GODFREY: I believe that's everything. 20 MR. PETITPAS: Nothing further, Your Honour. 21 THE COURT: Thank you both. 22 ................................. 23 Certified Pursuant to Rule 723 of the Rules of Court 24 25 26 Jane Romanowich, CSR(A), RPR Court Reporter 27 Official Court Reporters 5 SCHEDULE "A" 1. R. v. Campbell,[1991] N.J. No. 280 2. R. v. Companion,[2010] N.J. No. 39 3. R. v. Denney,[2007] N.J. No. 89 4. R. v. Grewal, 2009] B.C.J. No. 1205 5. R. v. Sheppard,[2010] N.J. No. 394 Official Court Reporters 6
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