Supreme Court
Decision Information
Decision information:
Abstract: Transcript of the Reasons for Sentence
Decision Content
R. v. Payou, 2011 NWTSC 19 S-1-CR-2010-000129 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES IN THE MATTER OF: HER MAJESTY THE QUEEN - v - PAUL PAYOU Transcript of the Reasons for Sentence delivered by The Honourable Justice P. M. Clark, in Fort Simpson, in the Northwest Territories, on the 12th day of April, 2011. APPEARANCES: Ms. J. Walsh: Counsel on behalf of the Crown Mr. M. Hansen: Counsel on behalf of the Accused ------------------------------------- Charge under s. 271 C.C. Ban on Publication of Complainant/Witness Pursuant to Section 486.4 of the Criminal Code 1 THE COURT: I should probably take the 2 time to write something out but I do not think I 3 am going to in the circumstances. I am not going 4 to go on at length. 5 Sexual assault is a significant problem 6 before the courts. I think it is fair to say 7 that it is of epidemic proportions. I find that 8 sexual assault has no justification in any manner 9 whatsoever. 10 The purpose of sentencing is denunciation 11 and deterrence; denunciation of the particular 12 act of Mr. Payou, denunciation of Mr. Payou and 13 others who might choose to act in the same manner 14 as he has, and to denounce that kind of 15 behaviour. 16 There is nothing that speaks to mitigation 17 of Mr. Payou's behaviour. 18 By the same token, I think it is established 19 law that it is not an aggravating factor that Mr. 20 Payou chose to hire a lawyer and defend himself, 21 electing judge and jury. That is not considered 22 to be an aggravating factor either. 23 That said, considering that Mr. Payou chose 24 to carry on in this way with the complainant, who 25 was the same age as one of his daughters; the 26 fact that this type of behaviour appears to be 27 rampant in the Territories; the self-described Official Court Reporters 1 1 evidence by Mr. Payou that is before the courts; 2 and taking into consideration the way he gave his 3 evidence on the taped admissions, I have no 4 choice but to conclude this is a major sexual 5 assault. 6 Taking all of the factors - the age of the 7 Mr. Payou, the age of the child, the 8 circumstances, the self-admission, the jocular 9 manner in which his evidence was given on tape, I 10 have no hesitation in defining it as a major 11 sexual assault. 12 I find it particular disquieting that he 13 chose as one of his victims - and I do not think 14 we can put it on the complainant in this case 15 that she willingly was involved in this. There 16 is only one-sided evidence in that respect. If 17 she was acting that way, that is all the more 18 reason why Mr. Payou should not have had anything 19 to do with her. 20 I am one of the judges who is dismayed by 21 the decision in Arcand. I do not think I know 22 anybody who has read the whole thing. I am 23 familiar with it and I am most familiar with the 24 very strong dissent in the case, but nonetheless 25 it is a Court of Appeal decision in Alberta. I 26 do not know whether it is under appeal or not. 27 In considering all the factors, the age of Official Court Reporters 2 1 Mr. Payou, the age of the complainant, the 2 circumstances of the offence as described by Mr. 3 Payou, I think that I have to -- First of all, I 4 guess I am missing a step here. 5 Mr. Payou, under the Criminal Code I have to 6 give you the opportunity to speak to the court 7 with respect to the offence. I stepped beyond 8 that when I started my sentencing. Is there 9 anything you wish to say to the court? 10 THE ACCUSED: No, I don't. 11 THE COURT: Under the circumstances, I am 12 directing that Mr. Payou be sentenced to a period 13 of three years' incarceration to be served in 14 secure custody. 15 I have taken into consideration the fact 16 that you have four girls, one of whom has a 17 disability. I take into consideration the fact 18 that you have changed, Mr. Payou. You apparently 19 had a different sort of life as a younger man. 20 You apparently quit drinking. You tried to 21 change for the better. You slipped in a major 22 way here. But that aside, you did slip in a 23 major way and I cannot countenance what you did. 24 I am directing a three year sentence. 25 I am prepared to entertain a request that it 26 be served in a territorial prison. What is the 27 situation up here? Official Court Reporters 3 1 MR. HANSEN: It's my understanding, sir, 2 that a federal sentence of five years or more 3 means that a person will be sent south. 4 Typically, prisoners with a sentence of less than 5 five years in the north, particularly if they are 6 of native descent, however out of an abundance of 7 caution I would ask that an endorsement be made 8 that he serve in the Northwest Territories. 9 THE COURT: I do endorse that an attempt 10 be made to have Mr. Payou serve his sentence in 11 the Northwest Territories. I think it is 12 particularly important that people of an 13 aboriginal background be given the opportunity to 14 remain in the area where most comfortable. 15 Mr. Payou, I am quite taken aback by your 16 behaviour in this case. There is no 17 justification for anything other than a three 18 year sentence here and that is where we are at 19 today. 20 MS. WALSH: Your Honour, the ancillary 21 orders - DNA. 22 THE COURT: The ancillary orders, by all 23 means. DNA is directed. There will be -- you 24 requested three things. A weapons prohibition. 25 MS. WALSH: Yes, Your Honour. 26 THE COURT: Is that mandatory? Does Mr. 27 Payou live off the land? Official Court Reporters 4 1 MR. HANSEN: Well, sir, it is a mandatory 2 order that is required, but we'd ask for a 3 section 113 exemption as Mr. Payou does from time 4 to time due to the seasonal nature of his work 5 make some subsistence off the land. 6 THE COURT: Ms. Walsh, any problem with 7 that? I have just run into this, for the first 8 time I ran into this last week in Nunavut. I 9 think that where people, where aboriginal people 10 do have the right to live off the land, and I 11 have no problem with it in this case, Mr. Payou 12 having the right to use, to have firearms for the 13 purpose of hunting but not at home; and if he is 14 going to hunt, his weapons, if he has any, should 15 be in the hands of -- there will a prohibition 16 against having weapons in his hands at home for 17 the ten year period and during that period they 18 can be in the hands of a friend or a nominee of 19 his choice provided that person has a valid FAC, 20 and he can use the weapons for the purpose of 21 hunting when he goes out to live on the land. 22 MS. WALSH: That's fine, Your Honour. The 23 section 113 exemption does support subsistence 24 hunting of aboriginal/non-aboriginal people and 25 it ultimately it would be up to the firearms 26 registry whether or not he would be allowed to 27 register for firearms and the section 113 Official Court Reporters 5 1 exemption is a suggestion to the firearms 2 registrar. 3 The only other thing, Your Honour, is the 4 Sex Offender Information Registration Act or 5 SOIRA order. 6 THE COURT: It is mandatory as far as I am 7 concerned. It is a major tool that is in use by 8 the police authorities and the courts in this 9 country and there will be registration as a sex 10 offender. 11 MS. WALSH: Sir, I believe that is 12 everything. 13 MR. HANSEN: Yes, thank you. 14 .............................. 15 16 Certified to be a true and accurate transcript pursuant 17 to Rule 723 and 724 of the Supreme Court Rules of Court. 18 19 ______________________________ 20 Annette Wright, RPR Court Reporter 21 22 23 24 25 26 27 Official Court Reporters 6
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.