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Abstract: Transcript of the Reasons for Sentence
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R. v. Corrigal, 2015 NWTSC 22 S-1-CR-2013-000025 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES IN THE MATTER OF: HER MAJESTY THE QUEEN - V - BENEDICT RALPH CORRIGAL _________________________________________________________ Transcript of the Reasons for Sentence by The Honourable Justice L. A. Charbonneau, sitting in Hay River, in the Northwest Territories, on the 13th day of May, A.D., 2015. _________________________________________________________ APPEARANCES: Mr. M. Lecorre: Counsel for the Crown Mr. P. Harte: Counsel for the Defence ------------------------------------------ Charges under s. 235(1) & 236(b) Criminal Code of Canada Official Court Reporters 1 THE COURT: On June 27th, 2012, Benedict 2 Corrigal killed Carol Buggins and Garfield 3 McPherson. In doing so he ended the lives 4 of two people and he changed forever the lives 5 of many others who cared for them, miss them 6 deeply now, and have to go on living with the 7 terrible knowledge of what happened to them. 8 The circumstances of these offences are 9 violent, disturbing and difficult to talk about 10 and hear about, but I must refer to them again 11 this morning because anyone reading my decision 12 in the future needs to know the facts of what 13 happened because it puts everything else I am 14 about to say in context. 15 Mr. Corrigal and Ms. Buggins had been in 16 a relationship for about seven years. He had 17 on occasion been violent towards her, he had 18 been charged and convicted of offences for this. 19 He had been put on conditions that limited the 20 contact that he could have with her. He was 21 found guilty for not complying with those 22 conditions on some occasions. 23 The most recent conviction had been for 24 an assault he committed on her on April 5th, 25 2012, after he found her and Mr. McPherson in 26 bed together. He was sentenced for that offence 27 on May 11th, 2012, and one of the probation Official Court Reporters 1 1 conditions that was part of the sentence imposed 2 that day was that he not have any contact with 3 Ms. Buggins unless she agreed to it beforehand. 4 That probation order was in effect in June of 5 2012 when the crimes I am sentencing him for 6 today were committed. 7 Based on the agreed facts it appears that 8 despite those recent events, as of June 27th, 9 2012, Mr. Corrigal was of the belief that he and 10 Ms. Buggins had reconciled. It is also part of 11 the admitted facts that in June, 2012, she was in 12 fact going out with Mr. McPherson. That evening 13 Mr. Corrigal went to a party at Mr. McPherson's 14 apartment at the High Rise building here in Hay 15 River. He had a confrontation with Ms. Buggins 16 and with Mr. McPherson. Mr. Corrigal now 17 believes that it was at that point that he 18 learned that his relationship with Ms. Buggins 19 was over. He struck Mr. McPherson during that 20 confrontation and yelled very derogatory things 21 to him about Ms. Buggins which I do not need 22 to repeat now. 23 Mr. Corrigal was kicked out of the party. 24 He was angry. He went to another apartment in 25 the High Rise, he had a nap in that apartment. 26 He later took a knife from that apartment and 27 left. He returned to Mr. McPherson's apartment. Official Court Reporters 2 1 He knocked on the door and Ms. Buggins answered 2 the door. Mr. Corrigal immediately attacked her 3 with the knife. Without going into more detail 4 than is necessary it is important to note that 5 he did stab her a total of 25 times in various 6 parts of her body, and those injuries were fatal. 7 Mr. McPherson grabbed a knife to try to defend 8 himself, but Mr. Corrigal put him down on the 9 ground and stabbed him seven times. These 10 injuries were fatal as well. 11 In the hours that followed Mr. Corrigal 12 walked around Hay River and admitted to several 13 people that he had killed two people and at times 14 identifying who they were. At 4 a.m. he went to 15 the hospital and spoke to a nurse and told her 16 that he had killed Ms. Buggins and Mr. McPherson. 17 The nurse called the RCMP. 18 Mr. Corrigal was arrested less than an 19 hour later. He provided a statement to the 20 police. He said, among other things, that he 21 left the party angry, that he killed Ms. Buggins 22 so that no one else could have her, that he was 23 aiming at her heart because he wanted to kill 24 her, and that he killed Mr. McPherson because 25 he got in the way. 26 As both counsel said yesterday, no sentence 27 imposed by this Court can ever make up for the Official Court Reporters 3 1 loss that this crime has caused for the many 2 people who were close to and loved Ms. Buggins 3 and Mr. McPherson. The victim impact statements 4 that were filed, many of which read in court 5 yesterday, and the two that were read into the 6 record again this morning, demonstrate the depth 7 of this loss. It is a loss that I am sure will 8 forever be felt. 9 For those affected by these terrible events, 10 and I know many of them are here today, the Court 11 can only hope that the conclusion of the criminal 12 proceedings will assist in the long journey 13 towards healing. Obviously the court process 14 cannot undo the harm that was done. And the 15 court process is not about vengeance. 16 Some of the people who have prepared victim 17 impact statements have expressed the wish to 18 see justice being done. "Justice being done," 19 of course means different things to different 20 people. In deciding what to do on this case 21 I have taken into account everything I have 22 heard yesterday, and also this morning, and 23 I have attempted to arrive at a fit sentence 24 for these crimes because that is the Court's 25 duty at any sentencing hearing. 26 In sentencing any offender the Court's duty 27 is to impose a sentence that is proportionate Official Court Reporters 4 1 to the seriousness of the crime committed and 2 the level of blameworthiness of the person who 3 committed it. Doing that requires taking into 4 consideration the circumstances of the offence 5 and the circumstances of the person who committed 6 it, as well as applicable sentencing principles. 7 Often times the range of sentence available 8 for an offence is very broad. In this case 9 though the Criminal Code says that there is 10 a minimum penalty of life imprisonment for the 11 crime of second degree murder, and so the only 12 discretion that I have in imposing sentence is to 13 decide how long it will be before Mr. Corrigal is 14 eligible to apply for parole. The minimum period 15 for that is 10 years and the maximum is 25 years. 16 On that issue the Crown says that the parole 17 ineligibility period should be between 15 and 17 18 years, and the defence is not really disputing 19 that range. The defence is asking me to impose 20 an ineligibility period at the low end of that 21 range. I have given what the Crown and defence 22 have said serious consideration, and I will say 23 now that I do not think that the range that is 24 being proposed is unreasonable. The question is 25 where within that range the parole ineligibility 26 period should be. 27 Of course, there will also be a sentence Official Court Reporters 5 1 imposed today for the killing of Mr. McPherson. 2 For manslaughter there is no minimum punishment, 3 but because the other sentence will be life 4 imprisonment, any sentence I impose for the 5 charge related to Mr. McPherson's death has to 6 be served concurrently with the life sentence. 7 Section 745.4 of the Criminal Code says 8 that in deciding the parole ineligibility 9 period the Court has to consider the character 10 of the offender, the nature of the offence and 11 the circumstances surrounding its commission. 12 The Supreme Court of Canada explained in the 13 case of R. v. Shropshire [1995] 4 S.C.R. 227, 14 that the decision about parole ineligibility 15 requires, like all sentencing decisions, taking 16 into account the various sentencing principles 17 that are set out in the Criminal Code. Really, 18 it is part of deciding what a fit sentence 19 is for the crime. This means considering 20 aggravating and mitigating factors, as is 21 required in any sentencing, and it means, of 22 course, taking into account the circumstances 23 of the offender. 24 On that note I have the benefit of a very 25 thorough pre-sentence report that gives me a 26 lot of information about Mr. Corrigal's personal 27 circumstances, family history and overall Official Court Reporters 6 1 background. I am not going to quote from 2 the report in detail, but I have considered 3 it carefully. I also have the benefit of 4 the submissions of Mr. Corrigal's counsel, 5 who said everything that could possibly be 6 said on Mr. Corrigal's behalf. 7 Mr. Corrigal is 55 years old. He was born 8 in Saskatchewan and his family relocated to Hay 9 River when he was about six years old. He is of 10 Metis descent. I heard that in Saskatchewan the 11 family spoke Cree frequently, but that stopped 12 after they moved to Hay River and he no longer 13 speaks that language. 14 Based on interviews with Mr. Corrigal 15 himself and some of his siblings, which were 16 conducted by the author of the pre-sentence 17 report, he does not appear to have had a 18 particularly unhappy or dysfunctional childhood. 19 The family faced certain issues and his parents 20 did separate a few years after they moved to 21 Hay River. The children remained with their 22 mother. They did not have a lot of money, but 23 despite these challenges they had a happy life. 24 Mr. Corrigal does not recall being the subject 25 of abuse or violence. His brother has a similar 26 recollection of their childhood. His sister 27 seems to remember things differently and noted Official Court Reporters 7 1 that there was an issue with alcohol abuse in 2 the home which made life difficult. 3 It is difficult to know what to make 4 of these different accounts, but certainly 5 overall the pre-sentence report suggests that 6 Mr. Corrigal was not subjected to many of the 7 dysfunction and unhealthy environments that 8 we often hear about in court in sentencing in 9 general, and in sentencing aboriginal offenders 10 in particular in the context of the Court's 11 special obligations when sentencing aboriginal 12 offenders. 13 Mr. Corrigal was in a relationship for 14 many years with a woman, he had children with 15 her. There does not appear to be any indication 16 that there was violence in that relationship. 17 Mr. Corrigal acknowledges having developed 18 a serious problem with alcohol. This became more 19 of an issue for him in 2006 when he started to 20 drink daily, but it also appears to have been a 21 long-standing issue. He went three times to the 22 treatment program that was then offered at the 23 Hay River Treatment Centre, but was only able to 24 complete the program once. In 1997 he attended 25 a treatment program at Poundmakers Lodge and 26 reports that he found that program more helpful 27 and useful to him than others that he had taken. Official Court Reporters 8 1 As I have already mentioned he was in a 2 relationship with Ms. Buggins for approximately 3 seven years, which would place the commencement 4 of that relationship around 2005 or 2006. For 5 periods of time they lived together. Sometimes 6 he lived elsewhere. It looks as though they 7 separated and reconciled on a few occasions 8 during that relationship. 9 Mr. Corrigal experienced significant loss 10 in 2012 when both his mother and his younger 11 brother passed away within a few months of 12 one another. I heard that this caused him 13 to suffer from severe depression and that 14 he was on antidepressants. It also resulted 15 in him increasing his alcohol consumption. 16 There are suggestions that this all contributed 17 to his actions in June of 2012. 18 Mr. Corrigal has a lengthy criminal record. 19 There are isolated entries, one in 1977 and one 20 in 1984, but then a fairly regular pattern of 21 convictions through the 1990s and the 2000s. 22 I agree with defence counsel that most of the 23 convictions on that record are for crimes that 24 are not particularly serious. Many were dealt 25 with through fines. When jail was imposed it 26 was for short periods of time. 27 Mr. Corrigal reports that almost all of his Official Court Reporters 9 1 convictions were related to the consumption of 2 alcohol and I do not doubt that this is the case. 3 There are a few convictions for assault, but they 4 do not appear to have involved serious violence 5 given the sentences imposed, and many convictions 6 are for property offences. 7 The portion of the criminal record which 8 is most relevant to this sentencing are the 9 more recent entries from the year 2010 onward, 10 not because Mr. Corrigal received particularly 11 long jail terms for offences he was convicted 12 for, but because some of those convictions 13 demonstrate a pattern as far as what was 14 transpiring between himself and Ms. Buggins. 15 There were some issues with the record 16 that were raised yesterday, and as I mentioned 17 at the outset this morning, the records from the 18 Territorial Court relating to those convictions 19 are helpful in clarifying things. What those 20 records show is a disturbing pattern of criminal 21 conduct involving crimes committed against 22 Ms. Buggins over the period of time that 23 preceded her murder. 24 On my review of the relevant record the 25 sequence of events in that regard is as follows: 26 On the 9th of October, 2010, Mr. Corrigal 27 assaulted Ms. Buggins. On the 3rd of January, Official Court Reporters 10 1 2011, he breached a term of an undertaking that 2 said he was not to have any contact with her. 3 He was sentenced on these two charges in January 4 of 2011, he received a 30-day jail term for the 5 assault and he was placed on probation. One of 6 the conditions of that probation order was that 7 he not have contact with her if he had been 8 drinking in the past 24 hours. Presumably this 9 was a response to a submission inviting the Court 10 to try to accommodate the continuation of the 11 relationship while offering some protection 12 to Ms. Buggins from Mr. Corrigal when he is 13 drinking. 14 On March the 8th, 2011, Mr. Corrigal 15 breached this no-contact order and was sentenced 16 on May the 31st, 2011, to 30 days in jail for 17 that. 18 Then on the 23rd of July, 2011, he committed 19 mischief by damaging some household property 20 belonging to Ms. Buggins. On that same day 21 he was convicted of breaching the probation 22 condition that required that he not have contact 23 with her if he had been drinking during the 24 previous 24 hours. On July 26th, 2011, he 25 assaulted Ms. Buggins and again was in breach 26 of that no-contact order. For those offences 27 he was sentenced on October 24th, 2011, to a Official Court Reporters 11 1 total of five months in jail. 2 On April 5th, 2012, he committed the 3 assault on Ms. Buggins when he found her with 4 Mr. McPherson, a conviction I have already 5 referred to. For that assault he was sentenced 6 on May 11th, 2012, to 37 days imprisonment deemed 7 served by the time he spent in pre-trial custody, 8 and he was also sentenced to another year of 9 probation. The no-contact condition in that 10 probation order, as I have already said, required 11 him to not have contact with Ms. Buggins unless 12 she agreed with it beforehand. That was a more 13 restrictive condition than the one imposed in 14 the earlier probation order, and it is completely 15 understandable considering that he was continuing 16 to commit offences against her and the earlier 17 no-contact conditions had failed to protect her. 18 It was a month and a half after this sentencing 19 that Mr. Corrigal killed Ms. Buggins and 20 Mr. McPherson. 21 This sequence of events is very disturbing, 22 and in my view unfortunately representative 23 of what frequently happens in abusive spousal 24 relationships. Because of that I feel compelled 25 to make some comments about that aspect of this 26 case. 27 The problem of domestic violence and spousal Official Court Reporters 12 1 abuse is rampant in this jurisdiction and it is 2 also a major problem elsewhere in this country. 3 It crosses geographical and cultural boundaries. 4 Every week the Courts in this jurisdiction, more 5 often the Territorial Court than this Court, 6 hears cases and sentences people for assaulting 7 their spouse. Some cases are more serious than 8 others, but the prevalence of these types of 9 offences cannot be denied. 10 We understand more now than we once did 11 about the dynamics of abusive relationships. 12 We understand that there are many factors at 13 play, many things that make it hard for victims 14 of this type of violence to report these crimes, 15 to follow through, to testify against their 16 spouse or to leave the abusive relationship. 17 We know that the solution to these issues is 18 not simple. 19 Often, but not always, alcohol is a factor 20 in the commission of these offences. Often 21 we hear during sentencing hearings things like 22 "the abuser is not violent when sober" or that 23 "the abuser is not a violent person by nature" 24 or that "the issue is really the alcohol." 25 In other words, the issue is more circumstantial 26 as opposed to being directly related to the 27 offender. Official Court Reporters 13 1 This case, in a sense, is a good 2 illustration considering some of the comments 3 in the pre-sentence report. Mr. Corrigal 4 is reported as saying that this is totally 5 out of character for him, that it was 6 spur-of-the-moment. There are references 7 about Ms. Buggins' infidelity, about the fact 8 that Mr. Corrigal considered her the love of 9 his life; that "he was upset with her being 10 in another relationship" and that "he loved 11 her dearly and was possessive of her." 12 Unfortunately, these comments illustrate 13 very well the profoundly unhealthy dynamics 14 that are often part of spousal relationships 15 that involve abuse. Without doubt the level of 16 violence in this case is significantly different 17 from anything Mr. Corrigal had done in the past, 18 and in that sense perhaps it is out of character. 19 But it was not out of character for him to be 20 violent towards Ms. Buggins. He was convicted 21 of assaulting her more than once. He was 22 convicted of damaging her property. 23 I also note that this pattern started 24 before the losses that Mr. Corrigal suffered 25 in 2012, before he was on antidepressants, and 26 before Mr. McPherson was even in the picture. 27 So those factors may have contributed to the Official Court Reporters 14 1 extremely violent events of June, 2012, but 2 they do not explain the whole pattern or 3 sequence of events here. 4 Similarly, Mr. Corrigal is reported 5 telling the author of the pre-sentence report 6 that he has no problem following probation 7 orders. Again, that may be true for conditions 8 that do not relate to Ms. Buggins, but it 9 is clearly not true as far as the conditions 10 that were crafted to give her some control 11 and protection. Those probation conditions 12 were breached several times in a relatively 13 short period of time, especially considering 14 that for parts of that period of time 15 Mr. Corrigal would have been in custody. 16 In the submissions made yesterday about 17 the issue of excessive alcohol consumption and 18 the role it may have played in the deterioration 19 of Mr. Corrigal's control over his life and his 20 general conduct, mention was made of the very 21 high tolerance for excessive alcohol abuse in 22 our communities and the impact that it has on 23 individuals and families. 24 It would be difficult to disagree with 25 those comments. Every week in our courts we 26 hear about the ravages of alcohol consumption 27 in this jurisdiction. We hear it leads to Official Court Reporters 15 1 child neglect, to violence, and to sexual abuse 2 of epidemic proportions. But again, the high 3 tolerance to excessive drinking is not where, 4 in my respectful view, the focus for reflection 5 should be. It is without doubt a problem and 6 may well have been a factor here, but it is 7 not at the heart of what led to the deaths 8 of Ms. Buggins and of Mr. McPherson. The 9 best evidence of that is that Mr. Corrigal 10 has struggled with alcohol for many years 11 but had never displayed anywhere near this 12 type of violence. 13 In my view, what is at the root of what 14 happened here in fact is an unhealthy and an 15 extreme sense of possessiveness of Ms. Buggins, 16 uncontrollable possessiveness and jealousy, 17 and a desire to exercise control over her 18 at all costs. That was at the heart of 19 what happened here. 20 There was reference in submissions yesterday 21 that Mr. Corrigal has struggled with the question 22 "why did he do this?" Sadly, very sadly, I think 23 the answer to that question can be found in his 24 own words when he spoke to the police that night, 25 having at that point a clear recall of what he 26 had done and why. What he said then was that 27 he killed her so no one else could have her. Official Court Reporters 16 1 Which leads me to the next point. 2 Yes, there is high tolerance for alcohol 3 abuse in our communities, a normalization of 4 it almost, but there is also a high tolerance 5 for spousal violence. As I said, every week the 6 Court deals with cases involving spousal violence 7 of various levels of seriousness. Every week 8 the Courts try to address the prevalence of 9 this problem in part through the sentencing 10 practices, but it is not a problem that the 11 Courts can solve. 12 The overall problem of spousal violence 13 in this jurisdiction is relevant to this case 14 because in my view what led to the death of 15 Ms. Buggins and Mr. McPherson is part of a 16 much larger problem and has its roots in some 17 of the same dynamics as the spousal violence 18 that takes place every day in our jurisdiction. 19 This case is simply an extreme and very dramatic 20 manifestation of it, and the cases filed by the 21 Crown show that this happens more often than 22 we would like to think and it happens, all over 23 the country, and to people from all walks of 24 life. 25 That violence is everyone's problem. 26 Everyone should be concerned about it and try 27 to support those who are trying to address it Official Court Reporters 17 1 and help people deal with it. Things will only 2 change if entire communities decide they want 3 things to change. Until and unless that happens 4 it is inevitable that there will be more cases 5 like this one. 6 The role of this Court is to continue to 7 emphasize general deterrence and denunciation 8 as the paramount sentencing factors in these 9 cases, as has been the direction from appellate 10 courts for many years, including in the case 11 of R. v. Brown [1992] A.J. No. 432, which 12 was decided by the Alberta Court of Appeal 13 in 1992. It talks about the principles that 14 apply in dealing with sentencing for domestic 15 violence cases, and is a case that is every 16 bit as relevant today as it was more than 17 20 years ago. 18 As I already mentioned, the Criminal Code 19 says that in setting the parole ineligibility 20 duration Courts must take into account the 21 circumstances of the offence, the character of 22 the person who committed it, and the sentencing 23 principles. There are many factors here that 24 justify a period of parole ineligibility much 25 longer than the minimum 10 years. The first 26 is the criminal record, and in particular the 27 pattern that it shows as far as behavior towards Official Court Reporters 18 1 Ms. Buggins. This includes the important fact 2 that Mr. Corrigal was on probation for an 3 assault on her and bound by a condition not 4 to have contact with her without her prior 5 consent. Whatever ambiguity may have existed 6 in Mr. Corrigal's mind that day, it is clear 7 that once he was kicked out of Mr. McPherson's 8 apartment he could not have been under any 9 mistaken understanding as to the status of 10 things. 11 The second is that these killings arose 12 in the context of a spousal relationship which 13 had come to an end. This is highly aggravating 14 and underscores the need for a denunciatory 15 sentence for reasons I have just been explaining. 16 I must also take into account as part of 17 the overall circumstances the other extremely 18 serious offence committed during the same set 19 of circumstances. I agree that the reasoning 20 of the Alberta Court of Appeal in the case 21 of R. v. Tran [2009] A.J. No. 994, is very 22 persuasive in that regard. The killing of 23 Mr. McPherson, even though it is the subject 24 matter of a separate charge of manslaughter, 25 can and must be taken into account in setting 26 the parole ineligibility period in sentencing 27 Mr. Corrigal for Ms. Buggins' murder. Official Court Reporters 19 1 I also consider it aggravating that this 2 particular second degree murder case fits fairly 3 high on the overall scale of seriousness that 4 can underlie this type of charge. A murder, 5 by definition, is always a serious offence. 6 But still, as with everything, there are 7 things that increase the seriousness even 8 more. Here I find that there are such factors 9 present: The violence of the attack, the number 10 of times Ms. Buggins was stabbed, in addition 11 to the repeated stabbing of Mr. McPherson. 12 I would also add this: By accepting a 13 plea to second degree murder on this matter 14 the Crown has conceded it could not establish 15 beyond a reasonable doubt the elements of 16 planning and deliberation which would be 17 required to make out a charge of first degree 18 murder, and I am not here being critical or 19 second guessing in any way that decision. 20 But recognizing that, the fact remains 21 that the circumstances here do not involve 22 a completely spontaneous spur-of-the-moment 23 act either. Mr. Corrigal left the apartment, 24 went somewhere else, slept for a bit, armed 25 himself with a knife before going back to the 26 apartment, and immediately attacked Ms. Buggins 27 when she opened the door. So as far as possible Official Court Reporters 20 1 circumstances that would make out a second 2 degree murder charge, this is not at the 3 "most spontaneous" or least serious end 4 of the spectrum, to the extent that these 5 things can be compared. 6 I must also consider factors that militate 7 in favour of reducing the period of time for 8 parole ineligibility, and the main one here is 9 Mr. Corrigal's guilty plea. It did not come 10 early because it has been almost three years 11 since these offences were committed, but 12 the Court's record shows that shortly after 13 Mr. Corrigal was committed to stand trial 14 he gave indications through his then counsel 15 that he was intending on pleading guilty. 16 Mr. Corrigal's first counsel was instructed 17 to ask that the sentencing hearing not proceed 18 right away so that he could try to gather certain 19 evidence and information that may be relevant 20 to the sentencing hearing. Eventually a date 21 was set for entering the pleas, but on that date 22 Mr. Corrigal's counsel had to get off the record 23 because of a breakdown in the solicitor/client 24 relationship. But it was not very long after new 25 counsel took over that the indication was given 26 that the matter would in fact resolve without a 27 trial. So although it has been a long wait for Official Court Reporters 21 1 the victims' families and loved ones to see the 2 conclusion of these proceedings, Mr. Corrigal's 3 plea does show remorse and his words in court 4 yesterday also show remorse. I accept that 5 he is sorry for what he had done. 6 The guilty plea, even if afforded 7 its maximum mitigating effect, in my view 8 falls far short of counterbalancing the many 9 aggravating features I have talked about. 10 But for the guilty plea I think a much higher 11 period of parole eligibility, much closer to 12 the maximum available, would have been required 13 to reflect those aggravating features. 14 In my view, the upper end of the range 15 suggested by counsel makes ample allowance for 16 the mitigating effect of the guilty plea and for 17 other aspects of Mr. Corrigal's circumstances. 18 I want to make it clear I have also taken 19 into account the fact that he is an aboriginal 20 offender, but I simply do not find in this case 21 that this is a factor that justifies reducing 22 the parole ineligibility period having regard 23 to the overall circumstances. 24 Mr. Corrigal's counsel has asked me to 25 take into account Mr. Corrigal's age and the 26 prospect that the higher end of the range, as 27 far as parole ineligibility, might mean that Official Court Reporters 22 1 he would finish his days in jail. I have given 2 that submission some thought. The difference 3 between one end of the range and the other of 4 what is being proposed is two years. Whether 5 that two-year difference will mean in fact the 6 difference between Mr. Corrigal finishing his 7 life in jail or having an opportunity to be 8 released before the end of his life is really 9 speculative at this point. Ultimately I have 10 concluded that the overarching concern here 11 has to be proportionality, and for all of the 12 reasons I have been talking about I think the 13 higher end of what the Crown is seeking is in 14 fact the very minimum that can be imposed given 15 the many aggravating factors that are present. 16 The Crown has sought a number of ancillary 17 orders and the defence does not take issue with 18 them. So there will be a DNA order. There will 19 be a life-time firearms prohibition order. The 20 victims of crime surcharge will be waived. Any 21 exhibits seized as part of this investigation 22 will be returned to their rightful owners if 23 that is appropriate. Otherwise, they will be 24 destroyed at the expiration of the appeal period. 25 Mr. Corrigal, stand up, please. 26 Mr. Corrigal, for the murder of Carol Buggins 27 I sentence you to a term of imprisonment for Official Court Reporters 23 1 life and I set your parole ineligibility date 2 at 17 years from now. For the unlawful killing 3 of Mr. McPherson I sentence you to a term of 4 imprisonment of eight years, which will be 5 served concurrently with the other sentence. 6 You may sit down. 7 I want to conclude my remarks by borrowing 8 some of the words that I heard yesterday from 9 Ms. Lepine, who read her victim impact statement 10 in court. One of the things she said was this: 11 "No one can ever measure the loss of a beloved 12 person, no one can ever say if there is a 13 punishment suitable enough to atone for that 14 loss." As I said at the beginning, I know 15 this is true. Measuring any punishment 16 I impose against the loss suffered by the 17 victims' families and loved ones is not 18 really possible, and I realize that. 19 Ms. Lepine also said "It is my hope that 20 the person who is responsible for this will 21 know what loss we have experienced and will 22 take responsibility to heal in prison." 23 That is the Court's hope as well for you, 24 Mr. Corrigal. 25 Finally, Ms. Lepine said "Make this event 26 be of some value for the family members and the 27 community. It is not too late." Those I think Official Court Reporters 24 1 are very wise words and I thank Ms. Lepine for 2 them. Thank you. If these tragic events were 3 to spark real change, perhaps it might help make 4 them seem less senseless for those who were most 5 affected by them. 6 Have I overlooked anything, counsel? 7 MR. LECORRE: I don't believe so, Your 8 Honour. 9 MR. HARTE: No, Your Honour, thank you. 10 THE COURT: In closing I want to thank 11 counsel for their work in resolving this case, 12 for the reasonable positions that they took, 13 and their approach and for their very helpful 14 submissions. Close court. 15 ----------------------------- 16 17 Certified to be a true and accurate transcript, pursuant 18 to Rules 723 and 724 of the Supreme Court Rules. 19 20 _____________________________ 21 Joel Bowker Court Reporter 22 23 24 25 26 27 Official Court Reporters 25
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