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Abstract: Transcript of the Reasons for Sentence
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R. v. Bourque, 2015 NWTSC 48 S-1-CR-2014-000047 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES IN THE MATTER OF: HER MAJESTY THE QUEEN - V - ROMAN BOURQUE _________________________________________________________ Transcript of the Reasons for Sentence by The Honourable Justice K. Shaner, sitting in Yellowknife, in the Northwest Territories, on the 1st day of October, 2015. _________________________________________________________ APPEARANCES: Mr. M. Lecorre: Counsel for the Crown Mr. P. Harte: Counsel for the Defence ---------------------------------------- Charge under s. 236(b) Criminal Code of Canada Official Court Reporters 1 THE COURT: Roman Bourque was convicted 2 of manslaughter on April 13th, 2015, after he 3 entered a guilty plea on that day. 4 On August 24th, 2013, Emerson Curran 5 and Roman Bourque were at the same party 6 in Yellowknife. It was to be Emerson's 7 last night in town. He had come to work 8 in Yellowknife for the summer following 9 his second year of university, and it was 10 an adventure that was encouraged by his 11 family and friends. He was due to fly back 12 to his home base in Ontario the next day. 13 Roman stood six-foot-four inches tall 14 and weighed 250 pounds at the time. Emerson 15 stood five-foot-ten inches tall and weighed 16 163 pounds. Both of these young men were 17 intoxicated, and shortly after midnight the 18 two exchanged words at the party. Roman 19 suddenly punched Emerson in the head several 20 times. Emerson was knocked unconscious and 21 he fell onto a chair. At that point some 22 of the other guests tried to stop the attack. 23 Emerson's cousin, Michael Patterson, was 24 among them. Roman shoved them aside and 25 he kept punching Emerson. This caused 26 Emerson to slide off of the chair and onto 27 the floor, striking his head on a piano as Official Court Reporters 1 1 he fell. Roman continued to punch him as 2 he lay on the floor. He finally stopped 3 and he quickly left the party. In all there 4 were seven to ten blows to Emerson's head. 5 Emerson never regained consciousness. 6 He was medevaced to an Edmonton hospital and 7 doctors there determined that he was brain dead 8 shortly after he arrived. His father who, along 9 with Emerson's mother, had journeyed to Edmonton 10 from Ottawa upon receiving this devastating news, 11 was there with him when he died. 12 This is an utter tragedy. Emerson was 13 20; Roman was 23, he is now 25. Both of these 14 men were at a place in their lives when they 15 could look to the future and imagine all of the 16 promise and opportunities that it would hold. 17 Now one of them has lost those promises and 18 opportunities forever, and the other must face 19 serious consequences from the justice system 20 as well as living the rest of his life with the 21 knowledge that he took another's life through 22 an impulsive, stupid, violent act. That is, and 23 will remain, an enormous burden for him to bear. 24 Emerson's parents, his uncle and a family 25 friend presented victim impact statements during 26 the sentencing hearing yesterday. In addition, 27 Crown Prosecutor Marc Lecorre read in a number Official Court Reporters 2 1 of statements from friends and relatives who 2 were unable to be here in person. Finally, 3 there were a number of other statements which 4 were provided but which the authors requested 5 not be read aloud. 6 I listened very carefully to those 7 victim impact statements which were read in 8 and I considered those which were submitted 9 but not read, and I re-read all of them again 10 last night. The impact of Emerson's death 11 has been profound. Over two years later his 12 parents, his siblings, his extended family 13 and his friends struggle every day against 14 an overwhelming sense of loss, grief, anger, 15 confusion and utter devastation. It has 16 cost his parents not only emotionally, but 17 financially. 18 Emerson's mother cannot work, she 19 suffers from depression and post traumatic 20 stress disorder. She fears for the safety 21 of her other children, she fears them going 22 away and being unable to help them if they 23 need her. She fears something bad is going 24 to happen to them. Emerson's grandmother 25 is also being treated for depression. 26 Emerson's father has episodes at different 27 times when he is suddenly overwhelmed with Official Court Reporters 3 1 intense feelings of loss, sadness and grief. 2 He feels uncomfortable around his co-workers 3 and his friends, he feels they are at times 4 uncomfortable around them. He thinks they do 5 not know what to say, and frankly, who would? 6 There are very few words. 7 Emerson's siblings struggle to deal with 8 their grief, and it appears to his parents to 9 manifest in different ways with each of them. 10 Emerson's friends miss him. One of his best 11 friends, with whom Emerson was set to graduate 12 from university this year, struggles with the 13 knowledge that Emerson will not be his best 14 man at his wedding and that he will not be 15 his children's God parent. The loss of this 16 promising young man has left a hole in the 17 hearts of all who knew him. 18 Emerson's parents, his siblings, his 19 other family and his friends all realize 20 that the criminal justice system cannot 21 fill the void created by Emerson's death. 22 No court-imposed punishment is going 23 to remove the lump in their throats or 24 suddenly awaken them from what seems like 25 an unending nightmare. The criminal justice 26 system is just one piece of the complex puzzle 27 involved in the loss of Emerson, and I know it Official Court Reporters 4 1 will not by itself bring his friends and his 2 family closure. I am hopeful, however, that in 3 completing the criminal process they will have 4 one less thing to deal with, and that it will 5 help pave the way for a bit more peace for them. 6 Through his lawyer's submissions, as well 7 as the pre-sentence report, I learned about Roman 8 Bourque. He, too, is a young man and there have 9 been many challenges in his life. His birth 10 parents, both of whom are aboriginal, were not 11 able to care for him and his siblings because 12 of significant personal issues of their own. 13 Consequently, he spent most of his early 14 years until his mid-teens in various foster 15 homes. Regardless of how well meaning foster 16 parents may be, being in that system often 17 translates into instability. 18 While not all of his experiences in foster 19 care were happy ones, however, Roman did connect 20 with foster parents who, when they were moving, 21 had the foresight to set him up with a family of 22 his own, the Clarkes. They remain his parents in 23 all senses of that word and they are a source of 24 stability and support in his life. 25 Roman has never been in trouble with 26 the law. He does not struggle with addiction. 27 He is an athlete and a contributing member of Official Court Reporters 5 1 his community. He has had steady employment. 2 Letters of support describe him as a good kid. 3 The Clarkes describe him as a good and reliable 4 family member. There is nothing to suggest 5 that Roman Bourque is someone who is prone 6 to use violence when he faced conflict, but 7 unfortunately he did so here. 8 A manslaughter conviction can result in 9 anything from a suspended sentence to life in 10 prison, no doubt owing to the many unfortunate 11 and complex circumstances which can form the 12 basis of a conviction for it. The Crown's 13 position is that an appropriate sentence would 14 be five to five and a half years, and Roman's 15 own lawyer submits that a sentence of five 16 years incarceration would be appropriate. 17 These approach the upper limit of what both 18 counsel submit is the range of sentence for 19 similar cases, being approximately three to 20 six years. 21 It is abundantly clear from the case 22 law that the key objectives of sentencing 23 in a manslaughter case are denunciation 24 and deterrence. The sentence I impose 25 today has to send a message that this kind 26 of violence will not and cannot be tolerated 27 by our society and that those who react with Official Court Reporters 6 1 violence instead of walking away have to face 2 significant consequences from the criminal 3 justice system. 4 Rehabilitation is also an important 5 objective here. Roman is a young man with 6 no criminal record and rehabilitation is 7 a realistic goal. The sentence I impose 8 has to take this into account. 9 The sentence must also adhere to the 10 overriding principle of proportionality. 11 That is, it has to reflect the seriousness 12 of the offence and the offender's moral 13 blameworthiness for it. It must reflect 14 the principle of parity in that the sentence 15 that is imposed cannot represent a marked 16 departure from those imposed in other cases 17 with similar circumstances. 18 The degree of moral blameworthiness 19 in this case is high and there are some 20 very aggravating circumstances I have 21 taken into account. 22 This was a sudden, violent and sustained 23 attack. Roman could have walked away, but he 24 did not. He could have stopped beating Emerson 25 when Emerson was first knocked unconscious, but 26 he did not. He could have stopped when others 27 intervened; he did not. He just kept on hitting Official Court Reporters 7 1 him. 2 Roman's guilty plea is highly mitigating, 3 and given the brutal aggravating circumstances 4 I would, but for that guilty plea, be inclined 5 to impose a punishment higher than the range 6 suggested by the Crown. Like any person charged 7 with a crime in this country Roman had a right 8 to have a trial. He gave that right up. 9 I have seen and heard here in this courtroom 10 the utter anguish that this case has caused 11 Emerson's family and friends, and it would have 12 been absolutely horrible for them to have to sit 13 through a trial, away from home, and without the 14 support of their family and friends waiting to 15 see what the outcome could be, something which 16 is always far from certain. Moreover, a trial 17 would have forced the witnesses to relive these 18 terrible events. 19 In pleading guilty Roman Bourque spared 20 them all having to attend a trial, and in 21 pleading guilty Roman Bourque has taken 22 responsibility for what happened. He has 23 made no excuses. He has not suggested anything 24 that happened should be shouldered by anyone 25 other than himself. He and he alone has 26 taken the blame. After submissions were 27 heard yesterday Roman offered an apology, Official Court Reporters 8 1 which reinforces that he takes responsibility, 2 and this, too, is mitigating. 3 In my view, a sentence of five years is 4 appropriate and warranted. Five years is a 5 very long time for anyone, but particularly 6 a young man in his early 20s, to spend being 7 told when to get up, when to go to bed, what 8 to eat, when to shower, when to work and what 9 to wear every single day. It will send a 10 message that violence is not an appropriate 11 means of resolving conflict and that it will 12 not be tolerated. It will reflect the high 13 degree of moral blameworthiness borne by Roman, 14 while at the same time recognizing his potential 15 for rehabilitation and the mitigating effects of 16 his apology and his guilty plea, and Roman will, 17 as I said, have to live the rest of his life 18 bearing the burden of knowing that he took 19 the life of another by a single, stupid act. 20 Roman, can you please stand up. Roman 21 Bourque, upon being convicted of manslaughter 22 you are sentenced to a term of five years 23 imprisonment. Do you understand this? 24 THE ACCUSED: Yes, Your Honour. 25 THE COURT: Thank you, you can sit down. 26 There will also be ancillary orders. The Crown 27 has asked that I impose a firearms prohibition Official Court Reporters 9 1 under Section 109 of the Criminal Code, which 2 will be in effect for ten years following your 3 release from prison, and that order is granted. 4 You will also be required to submit to the 5 collection of bodily fluids for DNA analysis. 6 There will be a non-communication order 7 pursuant to Section 743.21 of the Criminal Code 8 by which you are prohibited from communicating 9 directly or indirectly with any of Michael, 10 Catrina, Graeme, Liam or Lauren Curran during 11 the period of your incarceration, except through 12 the RCMP or the court process. 13 Finally, given what I heard about your 14 family support here in Yellowknife, even 15 though this is a penitentiary term, I will 16 issue an endorsement recommending that you 17 be permitted to serve your sentence in the 18 Northwest Territories. This will allow you 19 to maintain community and family support so 20 that when you are released your reintegration 21 will hopefully be easier. Now, that is not 22 a recommendation that is binding on the 23 corrections officials. However, I will 24 make it for those reasons. 25 Counsel, is there anything else? 26 MR. LECORRE: No, Your Honour. 27 THE COURT: Mr. Harte? Official Court Reporters 10 1 MR. HARTE: No, Your Honour, thank you. 2 THE COURT: Mr. Bourque, work hard. 3 I wish you luck. You have a hard road ahead 4 of you. To the Currans, I am so sorry for 5 your loss. We will adjourn. 6 THE CLERK: Thank you, Your Honour. 7 ----------------------------- 8 9 Certified to be a true and accurate transcript, pursuant 10 to Rules 723 and 724 of the Supreme Court Rules. 11 12 _____________________________ 13 Joel Bowker Court Reporter 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Official Court Reporters 11
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