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Transcript of the Oral Decision on Bail Review
Decision Content
R.v. Beaumont, 2017 NWTSC 80 S-1-CR-2017-000114
IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES
IN THE MATTER OF:
HER MAJESTY THE QUEEN
- v -
HOWARD JAMES BEAUMONT
_________________________________________________________ Transcript of the Oral Decision on Bail Review delivered by The Honourable Judge A.M. Mahar, sitting in Yellowknife, in the Northwest Territories, on the 21 day of August, 2017.
_________________________________________________________
APPEARANCES:
Mr. A. Godfrey: Counsel for the Crown
Mr. S. Fix: Counsel for the Accused
1 THE COURT: We are here for a bail review
2 for Howard Beaumont. At the time of the original
3 hearing, the Crown agreed that a review was
4 required, and, essentially, we are looking at
5 this as a bail de novo, which means a new bail
6 hearing. It is an application for release.
7 Regardless of the onus, the real question on
8 bail is always a consideration of the three
9 grounds that might require that someone who is
10 otherwise presumed innocent not be released.
11 The accused is charged with offences both
12 contrary to the Controlled Drugs and Substances
13 Act; essentially, possession for the purpose of
14 trafficking in cocaine, as well as proceeds of
15 crime in an amount of approximately $16,000.
16 A police investigation began back in May of
17 2017. There were some six individuals who were
18 being investigated and eventually arrested. A
19 number of locations were searched; essentially,
20 an apartment, a camper at the Fred Henne
21 Campground, and two vehicles.
22 Mr. Beaumont was arrested in the camper.
23 There were warrants obtained for all of the
24 locations. Two other individuals were in a
25 vehicle in the vicinity of the camper when
26 Mr. Beaumont was arrested and there were also
27 some indications, strong indications, of drug
1 trafficking found on those individuals.
2 Inside the camper, in a suitcase which was
3 marked with the accused's name, was found
4 36-and-a-half grams of cocaine, four cell phones,
5 and $9,600, in a freezer, there was approximately
6 a pound or 427 grams of marijuana; under a
7 mattress, there was a further $6,000. More
8 cocaine, another 100 grams or so of cocaine was
9 found in the apartment, along with approximately 10 $8,400 in cash.
11 The other five accused have been released on
12 bail. They are substantially younger than
13 Mr. Beaumont and they have dramatically shorter
14 criminal records. Three of the accused have
15 minimal records; two of the accused have no
16 records at all, and they have all been released
17 on recognizances.
18 Mr. Beaumont has 38 convictions on his
19 criminal record. Five of those convictions are
20 for offences involving drugs; two of those
21 convictions resulted in penitentiary terms. He
22 was last convicted of a criminal offence in 2008.
23 There are, additionally, some offences contrary
24 to the Alberta Highway Traffic Act involving
25 driving while disqualified. The
26 disqualifications apparently flowing from not
27 being covered by insurance.
1 Mr. Beaumont is proposing a surety in the
2 person of his mother. She is willing to sign in
3 an amount of $10,000. I accept that this is a
4 significant amount of money for her. They are
5 also willing, together, to come up with $10,000
6 by way of deposit.
7 Mr. Fix, on behalf of the accused, suggests
8 this is sufficient to not only ensure
9 Mr. Beaumont's appearance in court, but also to
10 make sure that he does not commit further
11 offences while he is out on bail. He does have
12 one prior conviction for failing to appear back
13 in 2004, along with 12 other breaches of court
14 orders.
15 The driving disqualifieds, although not
16 criminal offences, do carry on what I can only
17 characterize as a clear record of a total
18 disregard for the rules.
19 I am convinced on the primary grounds that
20 release would be appropriate, the surety that is
21 offered as well as the cash deposit would be more
22 than enough to ensure that Mr. Beaumont appeared
23 in court.
24 I am utterly unconvinced on the secondary
25 grounds. There is a significant risk given the
26 lengthy and serious criminal record before me,
27 and given the nature of the offence, or offences,
1 that Mr. Beaumont is charged with that further
2 offences would be committed while he was out on
3 bail.
4 The tertiary grounds come into play as well;
5 in the sense that this is a very strong case
6 against the accused. I did hear Mr. Fix when he
7 suggested there may be some Charter
8 considerations with respect to the ITO. The
9 strength of the Crown's case in the context of
10 the tertiary grounds, is essentially about
11 whether or not the administration of justice
12 would be brought into disrepute in the eyes of
13 the public.
14 Mr. Beaumont was found with significant
15 amounts of money, a relatively significant amount
16 of serious drugs, and he is facing a lengthy
17 period of imprisonment if he is convicted. Those
18 are all circumstances that I must take into
19 account.
20 So I believe that detention is warranted,
21 not only on the secondary but also on the
22 tertiary grounds. If there is any question with
23 respect to the application of the tertiary
24 grounds, I would find the detention was required
25 on the secondary grounds alone, and that would be
26 regardless of the onus.
27 Mr. Fix, any -- any comments?
1 MR. FIX: No, Sir. Thank you.
2 THE COURT: Mr. Godfrey, anything?
3 MR. GODFREY: No, thank you. No questions.
4 THE COURT: Thank you, Mr. Fix. Thank
5 you, Mr. Beaumont.
6 MR. FIX: Thank you, Sir.
7 -----------------------------------------------------
8 CERTIFICATE OF TRANSCRIPT
9
10 I, the undersigned, hereby certify that the
11 foregoing pages are a complete and accurate
12 transcript of the proceedings taken down by me in
13 shorthand and transcribed from my shorthand notes
14 to the best of my skill and ability.
15 Dated at the City of Yellowknife, Province
16 of Alberta, this 4 day of September, 2017. 17
18 Certified Pursuant to Rule 723
19 of the Rules of Court 20
21
22 __________________________
23 Leanne Harcourt, CSR(A)
24 Court Reporter
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