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Abstract: Transcript of Reasons for Sentence

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              R. v. Sangris, 2014 NWTSC 23          S-1-CR-2011-000167

                IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

                IN THE MATTER OF:





                                 HER MAJESTY THE QUEEN



                                         - v -



                                   NARCISSE SANGRIS







              Transcript of Reasons for Sentence delivered by The

              Honourable Justice K. Shaner, in Yellowknife, in the

              Northwest Territories, on January 17, 2014.





              APPEARANCES:

              Mr. B. Demone:          Counsel on behalf of the Crown

              Mr. P. Falvo:           Counsel on behalf of the Accused



                          -------------------------------------

                         Charges under ss. 271 C.C. and 151 C.C.



                       Ban on Publication of Complainant/Witness
                     pursuant to Section 486.4 of the Criminal Code






      Official Court Reporters





         1      THE COURT:             It is my responsibility today,

         2          Mr. Sangris, to impose a sentence on you and to

         3          tell you why I am imposing that sentence.

         4               Mr. Sangris was convicted of touching for a

         5          sexual purpose under section 151 of the Criminal

         6          Code on November 28th, 2013.  I heard submissions

         7          on sentencing yesterday, and I heard from Mr.

         8          Sangris just now.

         9               That this is a serious offence is recognized

        10          by the Criminal Code.  It carries with it a

        11          minimum penalty of one year imprisonment when the

        12          Crown proceeds by indictment, and a maximum

        13          penalty of ten years.

        14               This is perhaps the most difficult thing

        15          that a judge has to do.  Canadians, people who

        16          live here, we value our personal freedom.  Jail

        17          takes that away.  It has a profound effect on

        18          offenders and offenders' families and friends.

        19          It is something that I have spent a lot of time

        20          thinking about in terms of coming up with a

        21          sentence that is fair and reasonable for you, Mr.

        22          Sangris, in all of the circumstances.

        23               The first thing I want to deal with is the

        24          credit for time served.  That is an issue that

        25          came up yesterday.  I did have an opportunity to

        26          thoroughly review the transcript of the show

        27          cause hearing from March of 2013.  I do see that






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         1          the judge had concerns about Mr. Sangris and his

         2          attendance at the drum dance ceremony, however it

         3          is not clear to me that the judge found that he

         4          contravened the terms of his recognizance when

         5          she heard that matter.  I do note that there is

         6          on Mr. Sangris' criminal record a conviction for

         7          breaching a recognizance, however that is not the

         8          same as the judge taking it into account and

         9          revoking the recognizance on that basis.  She

        10          specifically left that for another day.  So what

        11          that means is that I have some doubt about what

        12          the conclusions of the judge hearing the matter

        13          were.  Mr. Sangris is entitled to the benefit of

        14          that doubt.  As a result, I have concluded that

        15          he is not disentitled to enhanced credit for the

        16          time he spent on remand awaiting the disposition

        17          of his case.

        18               From what I have read in the PSR and what I

        19          heard through submissions, it is my view that

        20          there should be enhanced credit given.  Mr.

        21          Sangris has used his time on remand exceptionally

        22          well:  He has become involved with the inmate

        23          committee; he's met weekly with the North Slave

        24          Correctional Center's traditional liaison elder;

        25          and, since July of last year, he has also been

        26          attending weekly meetings with North Slave

        27          Correctional Centre psychologist, with whom he is






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         1          working on an application to attend a 40 day

         2          substance abuse program geared to aboriginal

         3          individuals once he is released from custody.  In

         4          my view, this demonstrates a commitment to

         5          rehabilitation and it is worthy of recognition

         6          through enhanced credit.  Accordingly, I am going

         7          to grant enhanced credit to Mr. Sangris at the

         8          rate of 1.25 days for each day served, so he will

         9          be given credit for a total of 375 days.  That,

        10          in my view, strikes a balance between the fact

        11          that Mr. Sangris did breach the terms of his

        12          recognizance and also the work that he has done,

        13          since breaching his recognizance, to get a

        14          jump-start on rehabilitation.

        15               I am now going to turn to the principles and

        16          objectives of sentencing.

        17               The Criminal Code sets out the principles

        18          and objectives of sentencing that judges have to

        19          follow.  I am not going to go through each and

        20          every one of these as they are not all relevant

        21          to this case.  I will, however, explain those

        22          principles and objectives that are the focus of a

        23          case like this, and it is worth stating as a

        24          general context that the emphasis that is placed

        25          on each of the principles and objectives very

        26          much depends on the offence, the circumstances

        27          under which it was committed, and the






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         1          circumstances of the offender.  It is a highly

         2          individualized process.

         3               Where an offence involves abuse of a person

         4          under 18 years of age, as is the case here, the

         5          primary consideration is to be given to the

         6          objectives of denunciation, which is an

         7          expression of society's abhorrence for a

         8          particular conduct, and deterrence, both for the

         9          offender and the public at large.

        10               The overarching principles that guide judges

        11          in giving effect to sentencing objectives are

        12          also set out in the Criminal Code.  The most

        13          important of these is proportionality, which

        14          means that a sentence must be proportionate to

        15          the gravity of the offence and the degree of

        16          responsibility of the offender.  That is also

        17          called the moral blameworthiness of the offender.

        18               Judges also have to consider aggravating and

        19          mitigating factors, and sentences will be

        20          increased or decreased accordingly.  There is no

        21          limit on what can constitute an aggravating

        22          factor or a mitigating circumstance, but the

        23          Criminal Code deems as aggravating, evidence that

        24          an offender abused a person under 18 years of

        25          age.  This is a reflection of the importance that

        26          Parliament and our society places on protecting

        27          children.






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         1               Parity is another sentencing principle that

         2          is set out in the Criminal Code.  Simply put,

         3          parity requires that sentences should generally

         4          be similar for like offences and like

         5          circumstances.  Using a range of sentence types

         6          and times is one of the ways that the court

         7          ensures parity.

         8               Finally, judges have to apply the principle

         9          of restraint, and that means that they have to

        10          consider all of the available sanctions other

        11          than imprisonment that are reasonable in the

        12          circumstances, with particular attention to the

        13          circumstances of aboriginal offenders.

        14               The events that form the basis of the

        15          conviction in this case took place in

        16          Yellowknife, in the Northwest Territories, on

        17          April 15th, 2011.  The victim, a 14 year old boy,

        18          was at a cyber cafe in Yellowknife around three

        19          o'clock in the afternoon that day.  He was using

        20          Facebook to check messages.  He received a

        21          message from Mr. Sangris on the Facebook Instant

        22          Messenger system.  The message included an

        23          invitation to the victim to come to Mr. Sangris'

        24          apartment and view pornography.  The victim had

        25          never met Mr. Sangris personally, however this

        26          was not the first time the two of them had

        27          interacted through electronic communications.






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         1          The evidence showed that on March 2nd, 2011, Mr.

         2          Sangris and the victim had a Facebook

         3          conversation during which Mr. Sangris invited the

         4          victim to his apartment.  The victim declined

         5          that invitation.

         6               Following the Facebook conversation on April

         7          15th, 2011, however, the victim walked over to

         8          Mr. Sangris' apartment building.  He rang the

         9          buzzer at the main door and Mr. Sangris came down

        10          to let him into the building.  This was the first

        11          time the two of them had ever met in person.

        12          They proceeded to Mr. Sangris' apartment.  At

        13          that point, Mr. Sangris offered the victim

        14          alcohol and cigarettes, both of which he

        15          declined.  Mr. Sangris then played a pornographic

        16          DVD for the victim, who was on the couch.  He

        17          then went over to the victim and kissed him on

        18          the lips and told him not to be afraid.  Mr.

        19          Sangris was naked from the waist down at that

        20          point.  The victim recounted that he could see

        21          his penis.  Next, Mr. Sangris unzipped and took

        22          down the victim's pants.  He rubbed the victim's

        23          penis and he inserted his finger into the

        24          victim's anus and moved it back and forth.  The

        25          victim said that this was uncomfortable and that

        26          it made it very difficult for him to breathe.  He

        27          told Mr. Sangris this, and that at that point Mr.






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         1          Sangris stopped.

         2               The victim said he wanted to leave

         3          immediately but Mr. Sangris encouraged him to

         4          remain in the apartment.  I do note that there

         5          was no attempt by Mr. Sangris to physically

         6          restrain the victim, however at trial the victim

         7          testified that he felt he could not leave the

         8          apartment because Mr. Sangris was older and

         9          stronger than he was.  While I am not able to

        10          make any conclusions on what, if any, the size

        11          difference would have been between the two at the

        12          time, Mr. Sangris was definitely an adult, while

        13          the victim was merely 14 years old.  The victim

        14          did leave the apartment and, as he was leaving,

        15          Mr. Sangris told him to keep their encounter a

        16          secret.

        17               Shortly before the victim left, he asked Mr.

        18          Sangris to give him money.  At trial, the victim

        19          testified that he did so because Mr. Sangris had

        20          mentioned giving him money in an earlier Facebook

        21          exchange and that he wanted money so that he

        22          could go buy something from the store.

        23               Later that evening the victim told his

        24          mother what happened.

        25               I have had the benefit of a great deal of

        26          background information through representations

        27          that were made by Mr. Sangris' lawyer and through






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         1          the presentence report, as well as Mr. Sangris'

         2          remarks made here today.

         3               Mr. Sangris is currently 43 years old and he

         4          is a Dene man.  He was born in Yellowknife and he

         5          grew up in Dettah.  While he was growing up, Mr.

         6          Sangris' parents spent a great deal of time on

         7          the land, however Mr. Sangris was often left

         8          behind with his grandmother while his parents did

         9          this.  He told the author of the presentence

        10          report that this was because he got scared while

        11          they were out on the land and he would get sick,

        12          and also because he was considered unlucky.  He

        13          also told the author that he was the only one of

        14          his siblings to be left behind like this.

        15          However, another sibling interviewed reported

        16          that others of the children were left behind as

        17          well in the care of relatives.

        18               The home in which Mr. Sangris grew up

        19          definitely had problems.  His parents separated

        20          often and for varying amounts of time.  It

        21          appears that his father struggled with alcohol

        22          addiction.  When his father went on a drinking

        23          binge, his mother would shelter the kids by

        24          sending them to their grandmother.  It was also

        25          stated in the presentence report, and represented

        26          by counsel, that Mr. Sangris was the object of

        27          verbal and physical abuse by his father.  Both of






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         1          Mr. Sangris' parents attended residential school,

         2          and Mr. Sangris attended residential school as

         3          well at Akaitcho Hall in Yellowknife.

         4               I think it is fair to say that Mr. Sangris

         5          has had more than his share of hardship in his

         6          life.  According to the presentence report, as

         7          well as representations made before me yesterday,

         8          he was the subject of bullying, harassment, and

         9          abuse while he was growing up, linked to his

        10          sexual orientation.  He also reported that he was

        11          himself the victim of sexual abuse on numerous

        12          occasions during his childhood, including when he

        13          was just six years old and also when he was a

        14          teenager at residential school.

        15               Not surprisingly, Mr. Sangris himself has

        16          struggled with substance abuse and emotional

        17          issues.  He was at one point diagnosed with

        18          depression.  He sought help for these things from

        19          time to time, but he has never had much in the

        20          way of any formal or structured treatment.  And I

        21          say that, taking into account the fact that since

        22          he has been incarcerated he has taken steps to

        23          get more formalized and structured treatment.

        24               I note, however, that one of the individuals

        25          that he has gone to for help is Cyndi Caisse.

        26          Ms. Caisse provided a letter of support on Mr.

        27          Sangris' behalf which was tendered during defence






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         1          counsel's submissions.  The two of them were

         2          first working together on a 24 week program in

         3          2008 which was aimed at individuals suffering the

         4          impact of homelessness, addictions, trauma, and

         5          other effects of residential schools.  According

         6          to what is in the presentence report, Mr. Sangris

         7          began to meet regularly with Ms. Caisse for his

         8          own benefit in 2009, and this continued

         9          regularly, even while he was on remand and

        10          awaiting trial.  Ms. Caisse left the Northwest

        11          Territories in September of 2013, however she and

        12          Mr. Sangris continue to have contact by

        13          telephone.

        14               In addition to the letter from Ms. Caisse

        15          which I just mentioned, I had the benefit of

        16          reading a number of letters of support from

        17          friends and family, all of which depict Mr.

        18          Sangris as a helpful caregiver, who was well

        19          loved and trusted by his family and friends.

        20          Clearly, he continues to have their support and

        21          this will bode well for him in the days to come.

        22               The Crown is seeking a conditional [sic]

        23          sentence in the range of three to four years, as

        24          well as a number of ancillary orders.  This is in

        25          the appropriate range of sentence and it is

        26          appropriate to consider this as a starting-point.

        27          That is borne out in the cases that the Crown






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         1          submitted and I will discuss these later on.

         2               Defence counsel seeks a sentence in the

         3          range of two to three years, and certainly there

         4          are some circumstances in which this court has

         5          imposed sentences in that range for crimes of

         6          this nature.

         7               It is the Crown's position that this was a

         8          major sexual assault upon a child and a custodial

         9          sentence is necessary to achieve the objectives

        10          of sentencing, particularly denunciation and

        11          deterrence.  And as I noted earlier, those have

        12          to be given primary consideration.

        13               It was unclear to me yesterday whether

        14          defence counsel disputed that this was a major

        15          sexual assault.  He did point out some

        16          distinctions between what happened in this case

        17          and the act that formed the basis for the

        18          conviction in a finding of major sexual assault

        19          in one of the cases filed by the Crown, that

        20          being R. v. Lepine.  Defence counsel pointed out

        21          that the victim in that case was asleep at the

        22          time that the assault occurred and the

        23          perpetrator had a lengthy criminal record.  So in

        24          those circumstances, I do need to address whether

        25          I am characterizing this as a major sexual

        26          assault and if so, why.

        27               It is trite to say that there are no two






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         1          cases of a major sexual assault or any sexual

         2          assault that will be exactly alike.  In making

         3          this finding, however, a sentencing judge can

         4          look at jurisprudence for guidance as to whether

         5          an act can be characterized this way.  The Court

         6          of Appeal in R. v. Arcand, which has been

         7          accepted by our Court of Appeal here and which

         8          our court considers binding upon it, said the

         9          following at paragraph 171 with respect to what

        10          is a major sexual assault:

        11

        12               A sexual assault is a major sexual
                         assault where the sexual assault is
        13               of a nature or character such that a
                         reasonable person could foresee that
        14               it is likely to cause serious
                         psychological or emotional harm,
        15               whether or not physical injury
                         occurs.  The harm might come from
        16               the force threatened or used or from
                         the sexual aspects of the situation
        17               or from any combination of the two.

        18

        19               The Court of Appeal then went on to list

        20          examples of what acts would be included in this

        21          category, but this is a non-exhaustive list.

        22               In this case I have no difficulty concluding

        23          that what Mr. Sangris did falls into the category

        24          of a major sexual assault.  It was an extremely

        25          invasive act that, by any standard, violated the

        26          victim's sexual integrity, and any reasonable

        27          person would readily conclude that it would cause






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         1          serious psychological or emotional harm, as well

         2          as physical pain to the victim.  That it did, in

         3          fact, have a significant emotional impact on the

         4          victim is borne out in his victim impact

         5          statement where he wrote that he felt fear,

         6          powerlessness, anger, and shame, and that this

         7          has changed his attitude towards school.

         8               I was referred to a number of authorities

         9          from this jurisdiction by the Crown with respect

        10          to the appropriate range of sentence, including

        11          R. v. Lepine, which I just mentioned, R. v.

        12          Laliberte, R. v. P.S.T, R. v. Griffin, and R. v.

        13          Nitsiza.  Not surprisingly, there are

        14          similarities and differences between these cases

        15          and the one before me here today.  They are,

        16          however, instructional in that they all provide

        17          an illustration of what factors are taken into

        18          account in determining what an appropriate

        19          sentence is within the range that the courts have

        20          established.

        21               In Laliberte, the offender had full

        22          intercourse with a person under the age of 16.

        23          He pled guilty to sexual interference.  The

        24          sentence imposed was two and a half years.  The

        25          sentencing judge noted that in cases involving a

        26          victim under 18 and an offender in a non-parental

        27          role, the starting-point is in the three to four






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         1          year range.  She acknowledged a sentence of two

         2          and a half years was therefore on the more

         3          lenient end, but she placed great emphasis on the

         4          fact that the offender pled guilty thereby

         5          acknowledging his guilt and expressing remorse.

         6          That factor, the guilty plea, is absent here.

         7               In the P.S.T. case, the offender received a

         8          prison term of 36 months for touching his

         9          daughter's breasts as she slept.  Again, the

        10          offender pled guilty, albeit late in the

        11          proceedings, and he expressed remorse.  The act

        12          there was also less serious than the act that was

        13          perpetrated on the victim here.

        14               The Griffin case involved the sexual abuse

        15          of a stepchild over a period of several months.

        16          Mr. Griffin was convicted following a jury trial,

        17          and he was sentenced to three and a half years.

        18          The sentencing judge acknowledged that the

        19          starting-point for a crime of this nature

        20          perpetuated by a person in a position of trust is

        21          four years.  However, she noted there was reason

        22          to exercise restraint, specifically, the offender

        23          was only 27 years of age and he had no criminal

        24          record.

        25               In this case I have acknowledged that Mr.

        26          Sangris has a very limited and dated record;

        27          however, he is significantly older than Mr.






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         1          Griffin was, being in his 40s.

         2               In the Nitsiza case, the offender had full

         3          sexual intercourse with a 13 year old girl on

         4          several occasions.  He received a sentence of two

         5          and a half years following a jury trial.  Like

         6          the offender in Griffin, Mr. Nitsiza was quite

         7          young, being only 22 at the time of conviction.

         8          The fact that he had a fetal alcohol spectrum

         9          disorder was also taken into account.

        10               Other than the fact that the act was

        11          characterized as a major sexual assault, the

        12          Lepine case differs quite significantly on the

        13          facts.  It involved an adult victim and, as I

        14          indicated, the offender there had a lengthy

        15          criminal record, neither of which are present in

        16          the case before me.

        17               There is very little in the way of

        18          mitigation in this case.  I do acknowledge,

        19          though, that today Mr. Sangris stood up and he

        20          did apologize for the harm that he caused the

        21          victim, as well as the grief that he has caused

        22          his family, and he apologized to his community.

        23               There are, however, some very, very

        24          troubling factors in this case.  The victim was

        25          14 years old at the time.  As I said earlier when

        26          I talked about the principles and objectives of

        27          sentencing, the Criminal Code deems this to be an






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         1          aggravating factor.  As an aggravating factor, it

         2          is further exacerbated by the age difference

         3          between the victim and Mr. Sangris.  Mr. Sangris

         4          is not a young man relative to the age of the

         5          victim.  He was approximately 40 years old at the

         6          time, a fully mature, adult man, and as such

         7          someone who would reasonably be perceived by a 14

         8          year old as having power and authority.

         9               A very disturbing aspect of this case is the

        10          degree of planning and premeditation that seems

        11          to have gone into getting the victim, someone Mr.

        12          Sangris had never met personally but who he knew

        13          to be a teenaged boy, to come to his apartment

        14          that afternoon with the goal of engaging him in

        15          sexual activity.  As I said previously, this was

        16          not the first time the two had exchanges on

        17          Facebook.  The exchange in March of 2011, which

        18          proceeded the April incident, included an

        19          invitation to come to Mr. Sangris' apartment,

        20          which the victim declined.  The exchange that

        21          immediately preceded the victim coming to Mr.

        22          Sangris' apartment on April 15th, 2011, included

        23          a promise to give the victim a movie,

        24          specifically girl-on-girl pornography, which the

        25          victim was to come over and pick up.  I agree

        26          with the Crown's submissions that Mr. Sangris

        27          manipulated the victim by showing him pornography






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         1          and offering him cigarettes and alcohol.  These

         2          things are generally forbidden to anyone other

         3          than adults, making them tempting bait for

         4          teenagers.  Certainly this proved to be the case

         5          with the pornography that was offered to the

         6          victim.

         7               In my view, the fact that Mr. Sangris did,

         8          in fact, give the victim money is also

         9          aggravating.  I recognize it was the victim who

        10          asked for the money, but his explanation for

        11          making the request was that Mr. Sangris had

        12          promised money to him during an earlier Facebook

        13          exchange between the two of them.  This, too, was

        14          bait.

        15               Finally, it is aggravating that Mr. Sangris

        16          told the victim to keep what happened a secret.

        17          In the circumstances, asking the victim to keep

        18          that secret was tantamount to suggesting to him

        19          that if the secret was revealed, he, the victim,

        20          would face some kind of consequence, and that is

        21          a highly manipulative thing to do to a 14 year

        22          old boy.

        23               Mr. Sangris' criminal record was tendered as

        24          an exhibit.  It is dated and very short, and it

        25          contains no convictions for similar crimes.  It

        26          is not an aggravating factor and it is not

        27          something I take into account as an aggravating






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         1          factor.

         2               Mr. Sangris bears a very high degree of

         3          moral blameworthiness in this case.  The crime

         4          was planned and deliberate, and the actions were

         5          predatory.  He took advantage of a young boy's

         6          trust, curiosity, and naivety.  He took advantage

         7          of his position as an adult vis-à-vis a child,

         8          and he used all of this for his own sexual

         9          gratification.

        10               The circumstances cry out for consequences

        11          that will recognize the legal and moral need for

        12          denunciation and deterrence and which will also

        13          recognize the need to separate those who commit

        14          crimes against children from society.

        15               I spent a lot of time considering Mr.

        16          Sangris' aboriginal status and in particular his

        17          experience in residential school, which can only

        18          be described as horrific.  As I noted, his

        19          childhood was very difficult.  Frankly, though, I

        20          find it difficult to relate this crime to the

        21          Gladue factors.  Mr. Sangris' actions do not

        22          appear to have been driven by the systemic Gladue

        23          factors that courts typically see.  The nature of

        24          this crime and the circumstances surrounding it

        25          lead me to the conclusion that his motivation was

        26          not driven by factors like poverty or addiction

        27          or homelessness, but rather he was driven by






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         1          sexual gratification.  It was planned and

         2          deliberate.  The victim was lured.

         3               In the circumstances, it is my view that a

         4          sentence of a shorter period of incarceration

         5          would in fact make a mockery of the Gladue

         6          principles and would fail to honour the

         7          objectives of denunciation and deterrence.

         8          Moreover, they would fail to take into account

         9          the impact on the victim, himself an aboriginal

        10          person.  He has the right to be protected.  That

        11          is not to say that your background is not

        12          troubling, Mr. Sangris.  It is just to say that

        13          the Gladue factors really do not have a place in

        14          this sentence.

        15               Mr. Sangris, can you please stand up.

        16               Narcisse Sangris, upon being convicted of

        17          sexual interference under section 151 of the

        18          Criminal Code, and upon considering the

        19          circumstances and the nature of the offence as

        20          well as your own personal circumstances, I

        21          sentence you to a term of three years and six

        22          months in prison.

        23               The time that you actually will be required

        24          to serve will be reduced by the amount of time

        25          you spent in custody awaiting the disposition of

        26          your case on an enhanced basis, as I said

        27          earlier, of roughly 1.25 days for each day






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         1          already served, which I will set at 375 days.

         2               Do you understand, Mr. Sangris?

         3      THE ACCUSED:           (Non-verbal response).

         4      THE COURT:             All right, you can be seated.

         5               I am now going to turn to the ancillary

         6          orders.  The Crown asked for a number of these.

         7               First, I will deal with the no contact order

         8          under section 743.21.

         9               There will be an order under section 743.21

        10          of the Criminal Code prohibiting Mr. Sangris from

        11          communicating directly or indirectly with the

        12          victim or the victim's mother for the duration of

        13          the time that he is incarcerated.

        14               There will be a firearms prohibition under

        15          section 109 and that will be in effect for ten

        16          years following Mr. Sangris' release.

        17               The circumstances here also justify imposing

        18          restrictions as set out in section 161(1)(a)

        19          through and including subsection (d) which would

        20          prohibit Mr. Sangris from attending at certain

        21          public areas where children are likely to be

        22          present; prohibiting him from obtaining

        23          employment, whether remunerated or not, or

        24          becoming a volunteer in a capacity, that involves

        25          being in a position of trust or authority towards

        26          any persons under the age of 16 years;

        27          prohibiting Mr. Sangris from having contact with






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         1          any person under 16, unless under supervision

         2          approved by the court; and prohibiting Mr.

         3          Sangris from using the internet or other digital

         4          network except for the purposes of employment,

         5          treatment, and education.  This will be in effect

         6          for ten years.

         7               Now with respect to the conditions on use of

         8          the internet or other digital network, I

         9          recognize that it is impossible for the court to

        10          anticipate every situation where Mr. Sangris may

        11          be required to use the internet.  Employment,

        12          treatment and education are the most common.

        13          However in the event that Mr. Sangris feels it is

        14          necessary to use the internet for other purposes,

        15          then he will need to come back to court and have

        16          the conditions varied to allow him to do so.

        17          That will be in effect for five years following

        18          Mr. Sangris' release from custody.

        19               There will be an order for bodily fluids to

        20          be taken from Mr. Sangris for DNA analysis, and

        21          an order requiring him to comply with the Sex

        22          Offender Information Registration Act pursuant to

        23          section 490.012 of the Criminal Code.  That will

        24          be in effect for a duration of 20 years.

        25               The forfeiture order will go as presented.

        26               Unfortunately, I do not read section 490.1

        27          of the Criminal Code as permitting the court to






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         1          order that the hard drive from Mr. Sangris'

         2          computer be separated and provided to him.  I

         3          would ask you, Mr. Demone, to consider asking the

         4          RCMP if they would, or whoever is in the

         5          possession of the computer, if they will download

         6          Mr. Sangris' personal photographs, assuming that

         7          they are appropriate, onto a thumb drive and

         8          providing that to Mr. Sangris or his counsel.

         9      MR. DEMONE:            Thank you.

        10      THE COURT:             Finally, there will be no

        11          victims of crime surcharge given the length of

        12          incarceration and as well the fact that the

        13          conviction preceded the recent amendments to the

        14          Criminal Code with respect to the victims of

        15          crime surcharge.

        16               Counsel, is there anything else?

        17      MR. DEMONE:            Just one very minor thing,

        18          Your Honour.  I believe it was just a matter of

        19          misspeaking.  You had indicated the Crown sought

        20          a conditional sentence of three to four years.

        21      THE COURT:             No, a custodial sentence.

        22      MR. DEMONE:            Thank you.  Perhaps I

        23          misheard.

        24      THE COURT:             A custodial sentence, yes.

        25      MR. DEMONE:            Thank you.

        26      THE COURT:             Is there anything else?

        27      THE COURT CLERK:       The DNA order is primary?






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         1      THE COURT:             Yes.

         2      THE COURT CLERK:       Thank you.

         3      THE COURT:             Anything from you, Mr. Falvo?

         4      MR. FALVO:             Nothing further, Your Honour.

         5          Thank you.

         6      THE COURT:             Thank you.

         7               Mr. Sangris, you have made a commitment to

         8          rehabilitating yourself and dealing with your

         9          past traumas.  You will have many opportunities

        10          in prison presented to you to deal with those

        11          things.  You have already started.  I will

        12          encourage you to do what you can to take

        13          advantage of those programs and start your

        14          healing process.

        15               As well, I mentioned earlier that you do

        16          continue to have the support of your friends and

        17          family and that will bode very well for you when

        18          you transition back from life in prison into

        19          society.  Please keep those contacts alive and

        20          strong.

        21               Thank you very much, counsel.  Court is now

        22          concluded.

        23                ..............................

        24                             Certified to be a true and
                                       accurate transcript pursuant
        25                             to Rule 723 and 724 of the
                                       Supreme Court Rules of Court.
        26
                                       ______________________________
        27                             Annette Wright, RPR, CSR(A)
                                       Court Reporter





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