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

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22                             __________________________

23                                                          Leanne Harcourt, CSR(A)

24                                                          Court Reporter

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