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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




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         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






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         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.






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         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






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         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






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         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






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         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






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         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






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         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.






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         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






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         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,






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         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






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         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






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         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.






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         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






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         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






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         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.






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         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






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         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






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         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.






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         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






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         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






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         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






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         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






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         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






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         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






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