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Decision information:
Abstract: Transcript of the Reasons for Sentence
Decision Content
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
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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
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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.
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______________________________
25 Annette Wright, RPR
Court Reporter
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Official Court Reporters
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