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Decision information:
Abstract: Transcript of the Reasons for Sentence
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R. v. Tonka, 2011 NWTSC 20 S-1-CR-2010-000159 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES IN THE MATTER OF: HER MAJESTY THE QUEEN - v - DANZER PETER TONKA Transcript of the Reasons for Sentence delivered by The Honourable Justice P. M. Clark, in Fort Simpson, in the Northwest Territories, on the 14th day of April, 2011. APPEARANCES: Ms. J. Walsh: Counsel on behalf of the Crown Mr. T. Boyd: Counsel on behalf of the Accused ------------------------------------- Charges under ss. 267(a) C.C., 266 C.C. and 733.1(1) C.C. 1 THE COURT: I was taken aback by Mr. 2 Tonka's criminal record. It is one of the worst 3 I have seen recently. 4 I know that under the Gladue decision I am 5 supposed to give consideration to the fact that 6 there is an overrepresentation of aboriginal 7 people in the institutions. The figure I hear is 8 78 percent, and that is unacceptable. But I am 9 also mindful of the nature of this offence and 10 mindful of the record and the attempts that have 11 been made in the past to try and rehabilitate Mr. 12 Tonka, for Mr. Tonka to rehabilitate himself. I 13 think, Mr. Tonka, there has to be some evidence 14 from you that you are able to take on the task 15 and on that basis I am going to direct custody of 16 the term suggested by Ms. Walsh, secured custody. 17 Ms. Walsh, the period remaining after 18 one-for-one? 19 MS. WALSH: After one-for-one, Your 20 Honour, the period remaining would be 20 months. 21 THE COURT: Mr. Tonka, I am sentencing you 22 to 20 months -- 23 MS. WALSH: Two-and-a-half years. 24 THE COURT: -- two-and-a-half years less 25 the one-to-one custody, for a term of 20 months. 26 I encourage you to during your time in 27 custody to take all the programs you can. Official Court Reporters 1 1 With your record, I just find that as a 2 judge I am not in a position to suggest 3 conditions that have not worked in the past. 4 I wish you luck in what you do. 5 MS. WALSH: The ancillary orders, DNA -- 6 THE COURT: The ancillary DNA sample has 7 to be given; and a weapon prohibition ten years. 8 Any other? 9 MS. WALSH: That is everything, sir. The 10 only other thing that I would ask the Court is 11 that the multi-tool be returned to the custody of 12 the RCMP until the completion of the appeal 13 period so that the Honourable Court does not have 14 to hold on to the weapon. It will be re-seized 15 by the officer, kept in continuity, returned to 16 the exhibit locker. 17 THE COURT: Not a problem. 18 MS. WALSH: Thank you, sir. 19 .............................. 20 21 Certified to be a true and accurate transcript pursuant 22 to Rule 723 and 724 of the Supreme Court Rules of Court. 23 24 ______________________________ 25 Annette Wright, RPR Court Reporter 26 27 Official Court Reporters 2
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