R. v. Dillon, 2017 NWTSC 16 S-1-CR-2015-000087 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES IN THE MATTER OF: HER MAJESTY THE QUEEN - v - WILLIAM DILLON _________________________________________________________ Transcript of the Reasons for Sentence delivered by The Honourable Justice A.M. Mahar, sitting in Yellowknife, in the Northwest Territories, on the 3rd day of February, 2017. _________________________________________________________
APPEARANCES: Ms. A. Paquin: Counsel for the Crown Mr. P. Harte: Counsel for the Accused (Charges under s. 271 of the Criminal Code of Canada) No i n f o r m a t i o n s h a l l be p u b l i s h e d in any d o c u m e n t or b r o a d c a s t or t r a n s m i t t e d in any way w h i c h c o u l d i d e n t i f y the v i c t i m or a w i t n e s s in t h e s e p r o c e e d i n g s p u r s u a n t to s . 486.4 of the C r i m i n a l Code of C a n a d a
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1 THE COURT: A jury trial was scheduled in 2 Tuktoyaktuk to begin on October the 17th, 2016. 3 On the day of trial, Mr. Dillon entered a guilty 4 plea to a single count of sexual assault. He was 5 remanded in custody approximately a week later, 6 and he has been in custody, awaiting sentencing 7 since then. 8 The facts underlying the plea are as 9 follows, and I am reading from an Agreed 10 Statement of Facts: 11 William Dillon is the biological father of IT, the victim. 12 “I” was born on May 28th, 1983. On or between November the 1st, 13 2013, and November 30th, the same year, IT and DF, her 14 common-law at the time, went for drinks at a friend's house in 15 Tuktoyaktuk, Northwest Territories. In the early hours of the morning, 16 Ms. T and Mr. F decided to go to sleep at William Dillon’s 17 place, as they thought this would be a safe place. 18 Once at William Dillon's place, both Ms. T and Mr. F 19 eventually fell asleep in the living room, each of them on a different 20 couch. Sometime later, Ms. T awoke to someone touching her between 21 the legs. She felt a finger or fingers inside her vagina. She 22 moved, and she felt the hand come out. She opened her eyes and saw her 23 father, William Dillon, close to her, moving away from her taking a step 24 back. William Dillon was approximately 3 or 4 feet from her 25 facing her. She was scared and did not know 26 what to do. She got up. Her ski pants were undone. She buckled and 27 zipped her pants. She woke up Mr. F, and they both left the A.C.E. Reporting Services Inc. 2
1 residence immediately. As a result of the incident, 2 Ms. T left Tuktoyaktuk approximately one week after it 3 happened. She moved to Alberta. 4 I believe she is now back in the 5 Northwest Territories. 6 About four months later, on April the 9th, 2014, she reported the sexual 7 assault to the RCMP in Edmonton. 8 9 No victim impact statement was provided, 10 because Ms. T found the process of the 11 interview for the presentence report "grueling 12 enough", and she did not see the need to go 13 through it again. 14 I indicated, during the comments on 15 sentence earlier, that I agreed and that there 16 was substantial information in the presentence 17 report. The impact on the complainant or victim 18 has been profound. It includes depression; an 19 inability to work or take care of her children; 20 thoughts of suicide; she left her community; and 21 it has had a devastating impact. I can do no 22 better than to read, for the record, what she had 23 to say to the writer of the presentence report, 24 in her own words. 25 I am repeating the section that was read 26 in earlier by the Crown attorney, but since this 27 is now going to be the formal record of these A.C.E. Reporting Services Inc. 3
1 proceedings, this should form part of it. And I 2 quote: 3 I had a great job at the time, working with The Commissionaires in 4 cells in Tuktoyaktuk. At the time, I was in a three-year relationship. 5 After I got hurt, I gave up my daughter for adoption because I 6 couldn't deal with it and raise her. I couldn't work for two years. I 7 felt so embarrassed. I felt betrayed and scared. I bottled up all those 8 emotions I had. When I got angry, I took it out on those who didn't 9 deserve it. When I was making my statement in 10 Alberta, I became emotional, and I had nowhere to turn. I was in a 11 relationship with a guy, and I don't know where I'd be without him. I 12 took it out mainly on him. I couldn't work. I was mentally lost 13 and ended the relationship and came home. I drank a lot. 14 When I got the papers for my trial, the drinking picked up again. 15 I was angry. I noticed I started taking things out on my daughter. 16 That's when I went to counselling. I've been down a negative road for 17 too long. I know what it's like, and I don't want to die yet. I have a 18 lot to accomplish. On the day of trial, I had to fly 19 out. I didn't want to. I wanted to keep drinking and kill myself. I do 20 anything and everything now to keep my mind occupied. I get really 21 depressed. I'm so angry. 22 There is no question this is a serious 23 crime. The nature of the sexual assault is 24 digital penetration. While not intercourse, this 25 is a serious violation of the physical integrity 26 of the victim. This occurred while she was 27 sleeping in her father's home. One has to wonder A.C.E. Reporting Services Inc. 4
1 where she could possibly have been safer. 2 Under the circumstances, a denunciatory 3 sentence is called for. I note, as well, that 4 Mr. Dillon has a criminal record with one entry 5 from 1996 where he received 60 days in jail for a 6 sexual interference charge. 7 In mitigation, there must be substantial 8 credit given for the guilty plea. While the 9 timing of the plea could have been earlier, the 10 Crown candidly conceded that it would have been 11 very difficult for the complainant to testify in 12 this case, if not impossible. So, obviously, 13 there is a need for great credit. 14 More generally, a guilty plea is an 15 indication of remorse. While that remorse could 16 have been somewhat clearer in the presentence 17 report, it was present. I so find. And I can do 18 no better than to quote from the decision of 19 Justice Charbonneau in R. v. Holman, 2014 NWTSC 20 13 heard January the 10th, 2014, in Yellowknife. 21 I am quoting from paragraph 47: 22 ... guilty pleas do more, and this is especially important in a case like 23 this one where there are family or other connections between the 24 offender and the victim. Because no matter what the outcome of a trial 25 is, there can always remain doubt in the minds of some about whether the 26 allegation was really true. Even after conviction, there can still be 27 victim blaming and assertions that the complaint was false. There are A.C.E. Reporting Services Inc. 5
1 situations where even after a conviction some of the offender's 2 loved ones can simply not accept that the allegation is true and they 3 continue to believe that the victim is lying. And this can cause more 4 tension, more division, more pain long after the court proceedings are 5 over, particularly so in small communities, and many of our 6 communities in this jurisdiction are small and close knit. So when a 7 person comes forward and admits the wrongdoing, it puts an end to that 8 type of uncertainty. It removes the lingering doubts that some may have. 9 It means that everybody has to believe the victim. It makes it 10 clear who was at fault and who was in the wrong and hopefully it means 11 everyone can try to move on, on that basis. 12
13 Mr. Dillon is of Inuvialuit decent. This 14 requires me to consider section 718.2(b) of the 15 Criminal Code. I must give particular attention 16 to the circumstances of Aboriginal offenders in 17 determining an appropriate sentence. The Supreme 18 Court of Canada has made it clear in cases like 19 Gladue and Ipeelee that a sentencing Court must 20 consider the unique systemic or background 21 factors which may have played a part in bringing 22 an Aboriginal offender before the Court and the 23 types of sentencing procedures and sanctions 24 which might be appropriate in the circumstances 25 because of an Aboriginal offender's background. 26 I have had the benefit of a presentence 27 report. It is very complete. Mr. Dillon is A.C.E. Reporting Services Inc. 6
1 currently 60. When he was only 6 years old, he 2 was taken away from his parents to residential 3 school where he spent approximately 14 years. He 4 has suffered abuse, both physical and sexual, 5 there, as well as in Tuktoyaktuk. His parents 6 died in a house fire when he was only 20 years 7 old. He has suffered many losses in his life. 8 He grew up in an atmosphere of violence and 9 drinking in the home. 10 From the presentence report, and I alluded 11 to this earlier in comments to counsel, I see a 12 quiet, lonely man with few real social supports 13 and no particularly close relationships. He 14 seems somewhat erratic in his thought process, 15 which I gather from the comments he made to 16 various persons, including the writer of the 17 presentence report. 18 The Crown attorney is asking for two and a 19 half years in jail. Mr. Harte, on behalf of 20 Mr. Dillon, suggests either two years less a day 21 or two years, which would allow the Court to 22 impose a period of probation. 23 Mr. Dillon has served 103 actual days in 24 jail giving him credit on 1.5 to 1 basis. The 25 time he gets credit for is 155 days. I am taking 26 into account the guilty plea; the personal 27 circumstances of the accused, both in terms of A.C.E. Reporting Services Inc. 7
1 the Gladue factors and personal circumstances; 2 obviously, the damage that was done to the 3 complainant or victim; and the case law that has 4 been provided, although I do make a note that 5 every case is unique, as is every offender. 6 The sentence of the Court is two years in 7 jail. Mr. Dillon, giving you credit for 8 155 days, that leaves 575 days remaining. I will 9 place you on probation for a period of three 10 years. 11 Following your incarceration, you are to 12 keep the peace and be of good behaviour; report 13 to a probation officer within three days of your 14 release and after that, as directed; you are to 15 have no contact, directly or indirectly, with the 16 victim, unless: One, it is initiated by her in 17 writing to the probation office; two, it is with 18 the written permission of your probation officer. 19 Both of those conditions have to be present 20 before you can have contact with her. I am not 21 sure if she is going to want to. But we are 22 talking about a period of time close to five 23 years. And, three, any permission is revokable 24 by either the victim or the probation office. 25 Meaning they can remove the permission if the 26 permission is granted. And you will take 27 counselling, as directed by your probation A.C.E. Reporting Services Inc. 8
1 officer. 2 Those are the only conditions. I will make 3 an order under section 743.21(1) that you have no 4 contact, directly or indirectly, with the victim 5 while you are incarcerated. You will be placed 6 on the Sex Offender Registry for a period of 7 20 years. 8 Mr. Harte, does Mr. Dillon hunt or otherwise 9 require a firearm for employment? I know that he 10 worked for Environmental Services up until about 11 two years ago. 12 MR. HARTE: Your Honour, my expectation is 13 that Mr. Dillon would hunt if he has an 14 opportunity to do so. At this point, I don't 15 think he has a machine, so he would be hunting 16 with others. But, in any event, when he is back 17 in the community, my expectation is that he would 18 hunt. And so if the Court is considering a 19 firearms prohibition, which I expect is the case, 20 I'd ask that the Court make an exemption under 21 113. 22 THE COURT: Crown, any comment? 23 MS. PAQUIN: No, Your Honour. 24 THE COURT: There will be a section 109 25 firearms order. It is mandatory, under the 26 circumstances. You are to see to it that any 27 firearms or ammunition in your possession in A.C.E. Reporting Services Inc. 9
1 Tuktoyaktuk, meaning in a residence controlled by 2 you, are to either be turned over to someone with 3 a valid Firearms Acquisition Certificate or to 4 the authorities, within the next 30 days. 5 I will make an exemption under section 113 6 allowing you to apply to a regional firearms 7 office for a limited permit for the purposes of 8 either sustenance hunting or employment, upon 9 your release. All that does is allow you to 10 apply. I am not granting you a licence, but it 11 does allow you to apply to the regional firearms 12 office for a licence. 13 THE ACCUSED: Excuse me, Your Honour. I 14 have a hard time hearing everything you've just 15 said, because of one of the guards in Fort Smith 16 yelled in this ear and damaged my hearing a bit. 17 THE COURT: Which part would you like me 18 to start at? 19 THE ACCUSED: I'm sorry, Your Honour. Just 20 about everything you said, I could not hear 21 properly. I am very sorry, Your Honour. If it's 22 all written down, I will read it later. 23 THE COURT: Mr. Dillon, what I am going to 24 do is start again at the sentence part of it. 25 What I have done, you will be able to read, and I 26 do not propose to start again at the beginning. 27 I gave you credit for your guilty plea. I A.C.E. Reporting Services Inc. 10
1 took into account all of the circumstances. The 2 sentence of the Court is two years in jail. Not 3 two and a half years. Two years. It falls more 4 or less in the middle of the range of sentences 5 that I concede to be appropriate in a case like 6 this. And, again, giving you substantial credit 7 for the guilty plea and taking into account the 8 substantially aggravating factor of you being the 9 father of the victim. 10 I have given you credit for the time you 11 have served in custody on a 1.5 to 1 basis, so 12 you have credit for 155 days, and that leaves you 13 with 575 days to serve. 14 After your sentence is completed, you will 15 be on probation for three years. The only 16 conditions of your probation are that you are to 17 keep the peace and be of good behaviour; you are 18 to have no contact, directly or indirectly, with 19 the victim, your daughter, unless two things 20 happen: One, she has to provide her written 21 authorization to probation services; and, two, 22 you have to have the written permission of 23 Probation Services before you can have contact 24 with her. Permission by either one of them can 25 be revoked by either one at any time. So they 26 can take it back. That is what you need before 27 you can have contact with your daughter. A.C.E. Reporting Services Inc. 11
1 You are to report to Probation Services 2 within three days of your release, and you are to 3 take whatever counselling is recommended for you 4 by the probation officer. 5 There are some other orders that I have 6 made. There is one that you should know about 7 immediately, is that you are ordered to have no 8 contact, directly or indirectly, with the victim 9 while you are incarcerated. You are going to be 10 placed on the Sex Offender Registry for a period 11 of 20 years. That is a mandatory order. I have 12 no say in that. Simply mandatory. 13 I also have no discretion about the 14 imposition of a firearms order. You will be on a 15 firearms order for a period of ten years. I have 16 allowed you to apply to the regional firearms 17 office for a limited permit under section 113. 18 But you still have to apply to the regional 19 firearms office. And that is for either 20 subsistence hunting or for jobs. You are to 21 turnover any firearms or ammunition that is in 22 your control, in other words, in a residence that 23 is in your control in Tuktoyaktuk, within the 24 next 30 days, either to someone with a valid 25 Firearms Acquisition Certificate or to the 26 authorities. 27 And I think that is as far as I got before A.C.E. Reporting Services Inc. 12
1 you raised the issue of not hearing me. 2 There has to be a surcharge of $200. I will 3 give you five years to pay that. 4 Crown, is there anything I have neglected? 5 MS. PAQUIN: I'm not sure that you 6 mentioned if -- whether there was a DNA order or 7 not. 8 THE COURT: There is a DNA order. Thank 9 you. I might have mentioned it the first time 10 through. There will be a DNA order. Thank you. 11 MS. PAQUIN: Thank you, Your Honour. 12 THE COURT: Anything else? 13 MS. PAQUIN: No, thank you. 14 THE COURT: Mr. Harte, anything? 15 MR. HARTE: Sir, for the sake of clarity, 16 I'm wondering if the word "verbal" should be 17 referenced in the revocation of permission, just 18 to make that clear. I'm in the Court's hands. 19 It may be clear the way it is. But just that 20 it's clear that permission has to be given in 21 writing, but it can be revoked verbally. 22 THE COURT: I will put a comma in there 23 that permission for contact may be revoked by 24 either probation services or the victim, "comma", 25 either verbally or in writing. 26 Thank you, Mr. Harte. 27 Anything else? A.C.E. Reporting Services Inc. 13
1 MR. HARTE: No, sir. Thank you. 2 THE COURT: Mr. Dillon? 3 We will close court. Thank you. 4 ----------------------------------------------------- 5 CERTIFICATE OF TRANSCRIPT 6 7 I, the undersigned, hereby certify that the 8 foregoing pages are a complete and accurate 9 transcript of the proceedings taken down by me in 10 shorthand and transcribed from my shorthand notes 11 to the best of my skill and ability. 12 Dated at the City of Edmonton, Province of 13 Alberta, this 6th day of March, 2017. 14 15 Certified Pursuant to Rule 723 16 Of the Rules of Court 17 18 __________________________ 19 Jenna Mearns, CSR(A) 20 Court Reporter 21 22 23 24 25 26 27
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