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Transcript of the Reasons for Sentence

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R v Tetso, 2018 NWTSC 36           S-1-CR-2017-000166

 

 

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

 

 

IN THE MATTER OF:

 

 

HER MAJESTY THE QUEEN

 

 

- v -

 

 

JONATHAN TETSO

_________________________________________________________ Transcript of the Reasons for Sentence delivered by The Honourable Justice L.A. Charbonneau, sitting in Deline, in the Northwest Territories, on the 5th day of July, 2018.

_________________________________________________________

 

 

APPEARANCES:

 

 

Ms. A. Piché:                 Counsel for the Crown

Ms. M. Zimmer:                Counsel for the Crown

Mr. C. Davison:               Counsel for the Accused

 

 

(Charges under s.236(b) of the Criminal Code)


 

1            THE COURT:             Jonathan Tetso has pled

2                    guilty to a charge of manslaughter arising from

3                    the death of his mother, Irene Tetso, on

4          December 23rd, 2016.  Yesterday, I heard about

5                    the circumstances that led to Ms. Tetso's death.

6                    I heard about the impact that these tragic events

7                    had on this family and on other people in this

8                    community.  Now, what I have to do is impose a

9                    sentence on him for that offence.

10                                                          I know that he has already

11                   received a very harsh punishment.  I know that he

12                   has to live the rest of his life with what he has

13                   done.  From everything that I have heard and read

14                   since we arrived here yesterday, I know that he

15                   knows how much pain he has caused his family and

16                   his community, and it is very obvious to me that

17                   he is in enormous pain himself.

18                                                          To the extent that sentencing,

19                   in part, is to hold people accountable for their

20                   actions, I am very aware that no sentence that I

21                   impose will punish Mr. Tetso more than he is

22                   already being punished living every day of his

23                   life knowing what he has done, especially since

24                   he does not remember doing it.

25                                                          Sentencing is part of holding

26                   him accountable, and it must take into account

27                   the seriousness of what he did.  That seriousness


 

1                    goes without saying because a life was lost.  A

2                    valuable loved member of this community was lost.

3                    That does not mean that there cannot be

4                    forgiveness, and many people spoke about

5                    forgiveness yesterday.  But it does not remove

6                    the need for the Court to do its duty and impose

7                    sentence.

8                                                          The objectives of that

9                    sentence include denouncing what happened,

10                   discourage others from behaving in this way.

11                   This includes, in many ways, discouraging the

12                   behaviour that leads to these tragedies, the

13                   substance abuse that leads to these tragic

14                   consequences.  This was a particularly awful and

15                   terrible event, but I can tell you that as

16                   extreme as it is, it is just one example of the

17                   many terrible, awful things what happen as a

18                   result of substance abuse in many communities of

19                   the Northwest Territories.

20                                                          The lawyers have filed

21                   sentencing decisions on other manslaughter cases

22                   to help me decide what to do in this case.

23                   Alcohol was part of every single one of those

24                   cases.  Several of them were cases where an

25                   intoxicated person killed someone they loved.  A

26                   spouse, a friend, a nephew, a brother even.  For

27                   each of these cases, there were families broken


 

1                    with sadness over what happened, and much, much

2                    said in each of these hearings about the harm

3                    that alcohol and abuse of other substances does.

4                                                          I was the judge on some of

5                    those cases.  I remember pain on the faces of

6                    family members and community members who were

7                    there at those sentencing hearings.  The same

8                    pain I have seen today that I saw yesterday.

9                    Today, I ask myself the same question that I ask

10                   myself every time:  Could this be a turning

11                   point?  Hopefully, it will be a turning point for

12                   Mr. Tetso.  I have a lot of hope that it will be.

13                                                          But could it be a turning

14                   point for others?  Others who are also hurting

15                   and turning to alcohol to numb that pain.  Could

16                   it be that this awful event triggers some real

17                   change?  Obviously, this is a very strong, united

18                   community.  I see that today.  Could it be that

19                   this is where things start to change for others?

20                   And this is what I hope.

21                                                          It comes through very clearly

22                   in the presentence report that I read, and some

23                   of the things that I heard yesterday, that many

24                   people in this community know the harm that the

25                   use of alcohol causes and that addressing that is

26                   the first step.  Then, addressing all the pain

27                   and anger that people live with and is sometimes


 

1                    the reason they drink is the next step.

2                                                          There is much healing that

3                    needs to happen, and it will not happen with

4                    alcohol or drugs.  Alcohol or drugs may numb some

5                    of the pain for a short time, but it almost

6                    always leads to more pain and more problems.  I

7                    make those comments humbly knowing that there is

8                    a lot that I do not know about this community and

9                    about this family, and I know that the solutions

10                   will not come from outsiders such as myself.  I

11                   just hope that this family and this community can

12                   stand together, as you are all here today, and

13                   work together to find a path, a way to help

14                   people to heal from those awful things that have

15                   happened in the past.  So that other families do

16                   not have to go through what this family has to go

17                   through now.

18                                                          Sentencing is never an easy

19                   decision because it requires balancing a lot of

20                   different things.  In deciding on sentencing, the

21                   judge has to take into account what the person

22                   did, the circumstances of that person, and some

23                   legal principles.  As far as the circumstances of

24                   what happened, those were read into the record

25                   yesterday, and I know those are painful things to

26                   have to hear about, so I am not going to repeat

27                   all the details that were read into court


 


1          yesterday.

2


 

Mr. Tetso does not remember


3                    these events, and there was no witness to what

4                    happened between him and his mother.  So much

5                    remains unknown.  What we know, and I have to

6                    refer to some of these details to put the rest of

7                    what I say in context, what we know is that

8                    Mr. Tetso got intoxicated that day.  He drank in

9                    the afternoon, and he drank again after work.  He

10                   got into an argument with his friend Connie and

11                   with his nephew Christian.  They ended up at

12                   Irene Tetso's house.  There was more arguing

13                   there, and she asked them to leave.

14                                                          Mr. Tetso was hitting

15                   furniture, and at one point, he pushed Connie,

16                   and she left.  Christian then arrived at

17                   Irene Tetso's house.  He was coming to check on

18                   her.  He got into an argument with Mr. Tetso, and

19                   Mr. Tetso actually attacked him.  Christian

20                   thinks he was hit with a frying pan, but whatever

21                   it was, after being hit, he was bleeding from the

22                   head.  So when he returned home, his mother took

23                   him to the health centre.

24                                                          No one knows what happened

25                   next between Mr. Tetso and his mother.  But

26                   during the evening, there was some sort of an

27                   altercation.  And by 11 p.m., when Christian went


 

1                    back to the house to check on her, she was dead.

2                    The house was in chaos.  One of the strange

3                    aspects of this case that remains unexplained was

4                    that there was red paint spilled everywhere in

5                    the house, and there was paint both on Mr. Tetso

6                    and on his mother.  Without going into more

7                    detail, it was obvious from the state of the

8                    house, and things that were observed, that there

9                    had been a fight of some duration there.

10                                                          Some of the injuries found on

11                   Ms. Tetso, although none of them were found to be

12                   the cause of death, were caused by a sharp

13                   object.  Knives were found in the house, and

14                   there was also blood found on various locations.

15                                                          The conclusions of the doctors

16                   who examined Ms. Tetso's body was that her death

17                   was caused by a combination of things, which

18                   included the fact that she was sick.  She

19                   suffered from chronic obstructive pulmonary

20                   disease, which is a serious respiratory disease.

21                   Another factor was that she, herself, had

22                   consumed a lot of alcohol that night.  A third

23                   factor were the injuries that were inflicted by

24                   her son.

25                                                          Doctors could not quantify in

26                   which proportion each of these causes contributed

27                   to her death, but they did conclude that the


 

1                    injuries inflicted by Mr. Tetso were a

2                    significant contributing cause.  In simple terms

3                    what that means is that her death was

4                    sufficiently connected to Mr. Tetso's actions to

5                    make him guilty under the criminal law of having

6                    caused her death unlawfully.

7                                                          Turning to Mr. Tetso's

8                    circumstances, they do have to be taken into

9                    account, and in this case, I have the benefit of

10                   the very detailed presentence report that gives

11                   me a lot of information about Mr. Tetso,

12                   although, I, of course, have never met him.  That

13                   report has been very helpful to me.  I thank its

14                   author.

15                                                          I do want to say that it also

16                   has been extremely helpful for me to read and

17                   hear the letters of support and the victim impact

18                   statements that were prepared, as well as to

19                   listen to what Mr. Modeste had to say when he

20                   spoke yesterday.  I am very grateful to those who

21                   had the courage to share their knowledge and

22                   experiences of Mr. Tetso with me at this

23                   difficult time, and I am grateful to

24                   Marlene Kenny for having allowed me to see some

25                   of the family photos that she shared.

26                                                          Judges know when they sentence

27                   a person for a crime that there is a lot more to


 

1                    the person than the crime they committed.  We

2                    know that we often hear about a snapshot, we hear

3                    about one part, sometimes a few parts of the

4                    person's life.  Everything I have read and heard

5                    has really helped me fill out the rest of the

6                    picture, and all of the other things that

7                    Mr. Tetso is about.  His helpfulness to others,

8                    his kindness, how much respect people have for

9                    him in this community.  There are a lot of

10                   difficult things about his background, but also

11                   many, many reasons to have hope for the future.

12                                                          One of the themes that comes

13                   out from what I heard and read is that there are

14                   people in this community who want to help him

15                   when he gets out of custody and returns to the

16                   community.  There are people who have invited

17                   him, not just once he is released, but well ahead

18                   of his release date to be in touch, so that they

19                   can help prepare for his return, so that he can

20                   be successful when he returns.  And that is very

21                   important.

22                                                          One of the objectives of

23                   sentencing is to protect the community.  Protect

24                   every one of you from harm that could be caused

25                   by others.  Ultimately, the best way to protect

26                   the community from Mr. Tetso is for him to have

27                   supports when he returns, and when he has to make


 

1                    those difficult decisions, the choice not to

2                    drink or not to do any of the other things that

3                    have led him to destructive behaviour.  I really

4                    hope that Mr. Tetso will take up the community on

5                    that invitation.  He will need his community when

6                    he is released.

7                                                          He has a lot of support, and I

8                    can say that not every person I have sentenced

9                    had that kind of support.  In fact, I think this

10          may be one of the cases I have heard where I

11                   sense there is the most support.  Mr. Tetso has

12                   had a lot of misfortune in his life, but the

13                   support and love of his family and his community

14                   is the greatest of treasures.

15                                                          I am not going to talk about

16                   everything that is in the presentence report, but

17                   I do want to say I have carefully considered

18                   Mr. Tetso's background, and I find it to be a

19                   very significant consideration on sentencing.  He

20                   is a very good example of what is sometimes

21                   called "intergenerational trauma."  Both his

22                   parents attended residential school.  Through the

23                   information in the presentence report, we know,

24                   and we know, in any event, that, for many, this

25                   was not a positive experience.  Those kinds of

26                   experiences affect people, and their ability to

27                   parent their children.


 

1                                                          Both Mr. Tetso's parents

2                    abused alcohol in the home, and as a child, he

3                    was exposed to the chaos and dysfunction that

4                    comes with that.  He was put in foster care when

5                    he was 13 because of the situation in his home.

6                    He, himself, started abusing alcohol when he was

7                    a teenager.  Things got worse for him after the

8                    death of his father.  His alcohol abuse got

9                    worse, and this led to other problems.  I heard

10                   that he struggled with suicidal ideas over time,

11                   and attempted suicide on a number of occasions.

12                   It seems that he spent many years of his life in

13                   a terrible spiral.

14                                                          All of that would be traumatic

15                   enough, but he also was a witness to a double

16                   murder and suicide within a year or so after the

17                   death of his father.  He knew all three people

18                   who died.  What that would do to someone is

19                   unimaginable.  I could try to imagine it, but I

20                   cannot know.  So it is not difficult to

21                   understand why Mr. Tetso has some grief and anger

22                   inside of him, and perhaps it comes out when he

23                   is intoxicated.

24                                                          One of the psychologists who

25                   saw Mr. Tetso in 2006 commented that Mr. Tetso

26                   "would like to stop drinking, but finds life too

27                   painful to experience soberly."  His lawyer


 

1                    mentioned this in submissions yesterday, and it

2                    struck me, too, when I read it the first time.

3                                                          It is such a heartbreaking

4                    statement, but I have no doubt it accurately

5                    reflects how he has felt at times.  Probably a

6                    lot of the time, and, again, based on what he's

7                    been through, it is not difficult at all to

8                    understand that that is how he would feel about

9                    experiencing life.  The problem, of course, is

10                   that alcohol may mask the pain temporarily, but

11                   it often causes more pain, and it allows the

12                   anger and the pain to build up and blow up with

13                   results that can be catastrophic, as they were in

14                   this case.

15                                                          What is very important to

16                   remember also, though, is that Mr. Tetso actually

17                   has a lot going for him.  He has been able to

18                   work.  He is a talented artist.  By all accounts,

19                   he is deeply, deeply connected with his culture

20                   and with his traditional ways.  He has a daughter

21                   that he has to think about, and as I have already

22                   mentioned, he has enormous support from his

23                   family.  Many spoke of forgiveness and love.

24                   These are all things that can be solid anchors.

25                   He has a lot of good things to fall back on, but

26                   I think he understands that that can only happen

27                   if he remains sober.  It is true for him as it is


 

1                    true for so many who struggle with the same kinds

2                    of issues.

3                                                          I do understand why people say

4                    "this is a nice person when he is sober."  "It

5                    was the alcohol who did this."  Many people said

6                    things along those lines to the author of the

7                    presentence report, and yesterday in the letters

8                    and the victim impact statements that I read.

9                                                          I think it also has to be

10                   recognized that there is more to it than the

11                   alcohol, and I say this with enormous respect for

12                   those who talked about alcohol being the reason

13                   for all of this.

14                                                          Some people consume alcohol,

15                   even to excess, and are not violent when they are

16                   intoxicated.  Without doubt, the alcohol may be

17                   what causes the violence and the anger to explode

18                   out of someone, but the alcohol is never the

19                   actual reason for the anger.  It is often said

20                   that achieving sobriety can be very hard, but

21                   even as hard as it is, it is only the first step.

22                   The even harder work starts once the alcohol is

23                   no longer used to mask the pain, the issues, and

24                   the terrible memories.

25                                                          On the whole, the evidence

26                   about Mr. Tetso's circumstances reduce his moral

27                   blameworthiness.  His experience is exactly what


 

1                    the Supreme Court of Canada talked about and said

2                    should be taken into account in sentencing

3                    Aboriginal offenders.  It would be very difficult

4                    to find a more compelling example of such a

5                    situation.

6                                                          I said I have to take into

7                    account the principles of sentencing, and I do

8                    not intend to go on and on this afternoon about

9                    what those principles are.  I have considered

10                   them carefully, and I have considered the cases

11                   that were filed.

12                                                          I will say that the crime of

13                   manslaughter is causing the death of another

14                   person through an unlawful act.  It is always

15                   very serious because always someone has died.  It

16                   is fundamentally different from murder because it

17                   does not involve an intent to cause death.  It's

18                   an offence that can be committed in a very wide

19                   range of ways from something arising from a near

20                   accident all the way to the thing that is very

21                   close to actual murder.

22                                                          Because the range of conduct

23                   is so broad, the sentencing range is also very

24                   broad.  The Criminal Code says that for

25                   manslaughter, the sentence can be anything from

26                   no jail to life in jail.  And in the Northwest

27                   Territories, we have examples of both those


 

1                    extremes.  I know at least one case where someone

2                    did not get jail on a manslaughter conviction,

3                    and I know of one case where someone got life

4                    imprisonment on a manslaughter conviction.

5                                                          More often than not, cases are

6                    not at those two extremes.  But usually, a

7                    significant jail term is required to reflect the

8                    seriousness of causing the death of another no

9                    matter how sympathic the circumstances of the

10                   offender may be.  And this is reflected in the

11                   cases filed by counsel.  Sentences between four

12                   and six years were imposed in these cases.  It is

13                   always difficult to compare cases, though,

14                   because there are so many different features to

15                   every one.

16                                                          To decide what a fit sentence

17                   is in this case, I must be guided by what is

18                   called "proportionality."  A sentence must be

19                   proportionate to the seriousness of the offence

20                   and the degree of the blameworthiness of the

21                   person who committed it.  I have already talked

22                   about things that reduce Mr. Tetso's

23                   blameworthiness, but there are also things about

24                   his defence that elevate his blameworthiness what

25                   we call "aggravating factors."

26                                                          Even with the lack of clarity

27                   as to exactly what happened, we know that this


 

1                    fight went on for some time.  The injuries show

2                    that a weapon was used at some point.  Ms. Tetso

3                    was in her own home where she should have been

4                    safe.  She was harmed by a trusted family member,

5                    someone she should have been able to expect

6                    protection from.  Indeed, I heard that a lot of

7                    times, Mr. Tetso did look after her and protected

8                    her.  But not this night.

9                                                          She was particularly

10                   vulnerable given the level of intoxication, her

11                   small stature, and her health issues.  This was

12                   also the culmination of an afternoon and evening

13                   where Mr. Tetso was aggressive and violent

14                   towards others as well.  He was not charged

15                   separately for this, but he did attack another

16                   family member and caused injuries that required

17                   medical attention.

18                                                          These are things that make the

19                   situation more serious, but there are also

20                   mitigating factors.

21                                                          The guilty plea is an

22                   extremely mitigating factor for many reasons.

23                   First of all, it has spared his family members

24                   the anxiety of knowing they would have to

25                   testify, and the trauma of testifying and having

26                   to relive these events.  I have presided over

27                   many trials, and I see what going through the


 

1                    trial process can do to people who have to

2                    testify.  Especially in this case, I can only

3                    imagine how truly awful it would have been for

4                    Mr. Tetso's family members to have to testify as

5                    prosecution witnesses.

6                                                          The second reason the guilty

7                    plea is extremely mitigating is that in

8                    circumstances where Mr. Tetso does not remember

9                    what he did, the fact that he is prepared to take

10                   responsibility for it adds to the mitigating

11                   effect of that plea.  It is a very compelling

12                   demonstration of his true, genuine remorse.

13                   Especially since he did so against the advice of

14                   his lawyer.

15                                                          Somewhat related to this is

16                   that there would have been significant triable

17                   issues in this case.  What I mean by that is that

18                   the issue of causation, what actually caused

19                   Ms. Tetso's death, would not have been clear-cut.

20                   Far from it.  It may have been challenging for

21                   the Crown to prove causation beyond a reasonable

22                   doubt under all had these circumstances.  To put

23                   it bluntly, had Mr. Tetso exercised his right to

24                   have a trial, his counsel might well have been

25                   able to raise a doubt about causation, and

26                   Mr. Tetso may have avoided being convicted for

27                   this offence.


 

1                                                          But instead, he chose to take

2                    responsibility and give up his right to put the

3                    Crown to the proof of its case.  That is a

4                    remarkable demonstration of true remorse, and it

5                    says an awful lot about his character.  It fits

6                    very well, actually, with how many have described

7                    Mr. Tetso.  Someone who cares deeply about his

8                    family, wants to help others, and someone who has

9                    good values.

10                                                          Having thought about this, I

11                   actually have to say I find it difficult to think

12                   of a situation where a guilty plea could be more

13                   mitigating than in this case.

14                                                          I agree with the Crown that

15                   the criminal record is not much a factor on the

16                   sentencing.  It shows that Mr. Tetso has been in

17                   trouble before, he has committed assaults before,

18                   but when I look at the sentences that were

19                   imposed for those offences, they must have been

20                   at the very minor end of the scale.  I am also

21                   aware that he was on probation for mischief when

22                   he committed this offence.  Again, it is a

23                   factor, but it is not of great significance.

24                                                          On this case, the Crown and

25                   Defence have presented a joint submission.  They

26                   are both saying that I should impose a sentence

27                   of four and a half years for Mr. Tetso.  They


 

1                    also agree that Mr. Tetso is entitled to credit

2                    for the time he has already spent in custody, and

3                    that whatever sentence I impose needs to be

4                    reduced to reflect that.

5                                                          The law is that when the

6                    lawyers present a joint submission, a judge has

7                    to give that joint submission a lot of weight.  A

8                    judge cannot not follow a joint submission unless

9                    a judge thinks the joint submission is completely

10                   unreasonable that it is so removed from what the

11                   judge thinks the sentence should be that it could

12                   cause the public to lose confidence in the

13                   criminal justice system.

14                                                          The reason the law says that

15                   judges have to put so much weight on a joint

16                   submission is that the lawyers know the case

17                   inside out.  They know about all of the evidence,

18                   the issues that could have arisen.  They know

19                   things about the case that may actually not come

20                   out in court, things that I will never know, so

21                   their assessment of what the sentence should be,

22                   things like the value of the guilty plea, for

23                   example, is deserving of a lot of consideration.

24                                                          The other reason is that

25                   people who agree to plead guilty knowing that a

26                   joint position will be presented may be less

27                   willing to plead guilty if they do not have


 

1                    confidence that the joint recommendation will

2                    generally be followed.  And for the reasons I

3                    have already talked about, there is enormous

4                    value in avoiding trials.  All this to say, even

5                    if I disagreed with the joint submission, it

6                    would not be the reason not to follow it.  I

7                    would have to think it is entirely unreasonable

8                    before I could do something else.

9                                                          Those who were here yesterday

10                   know that I raised this issue, and it is not

11                   because I disagree with the joint submission,

12                   actually I think, as counsel have recognized,

13                   that given the aggravating factors and the

14                   circumstances of the assault on Ms. Tetso, it is

15                   more on the lenient side of the range.  But I

16                   agree that given the mitigating factors and

17                   Mr. Tetso's circumstances, this is the case where

18                   the maximum restraint possible should be

19                   exercised.

20                                                          The joint position recognizes

21                   that Mr. Tetso has spared witnesses in this

22                   community additional harm and trauma of this

23                   matter going to trial.  That would have prolonged

24                   the uncertainty and the anxiety.  It may have

25                   caused divisions within the community or within

26                   the family.  It might have caused further harm.

27                   Giving up one's right to a trial is giving up a


 

1                    lot.  It has saved court time and resources, but

2                    that is not the most important part.  The most

3                    important part is that it has spared many people

4                    from going through the difficult process of a

5                    trial.  I commend the Crown for exercising as

6                    much restraint as it did in taking that position.

7                                                          The joint position also

8                    demonstrates realism and fairness of the

9                    Defence's part.  It shows the willingness to

10                   acknowledge the seriousness of this matter

11                   despite all the positive things and the factors

12                   that reduce Mr. Tetso's blameworthiness, and

13                   specifically, his circumstances as an Aboriginal

14                   offender.

15                                                          In the end, of course, it is

16                   my responsibility to decide what the sentence

17                   should be.  My only hesitation about following

18                   the joint submission is that it means that a

19                   further jail term of more than two years has to

20                   be imposed if I follow it.  And that places the

21                   sentence by just a few months in the penitentiary

22                   range.  What that means is that it would be up to

23                   the correctional authorities to decide whether

24                   Mr. Tetso will serve his jail term in the north.

25                   And I listened to many people yesterday who asked

26                   that I impose a sentence that would not result in

27                   him being sent to a penitentiary.


 

1                                                          One person asked me to

2                    sentence him to "time served."  This is not

3                    something that I can do.

4                                                          I have to follow the law.  The

5                    lawyers who are here on this case are

6                    experienced, thorough, extremely competent, and

7                    extremely fair, and I do not doubt that they have

8                    given their positions careful consideration.  And

9                    as I have said, I have to agree that they are

10                   right.

11                                                          I have a lot of compassion for

12                   Mr. Tetso and for his family, but I must also

13                   ensure that my decision is in line with the law

14                   and does reflect the seriousness of what

15                   happened.  What is being proposed is a fit

16                   sentence in all circumstances.  It represents an

17                   extremely restrained approach for this type of

18                   offence.  But I think it is the fair and just

19                   result.

20                                                          I have to trust and hope that

21                   the authorities responsible for making placement

22                   decisions will recognize that 1) a further jail

23                   term imposed will be barely above the two-year

24                   mark.  2) that Mr. Tetso has considerable support

25                   from his community, and that fostering that

26                   continued support is an important aspect of his

27                   rehabilitation, which, ultimately, is what we all


 

1                    want to see happen.  3) that he has already taken

2                    steps towards rehabilitation within the northern

3                    institution where he was on remand, including

4                    regular contact with professionals in that

5                    institution.  He has made progress, and that

6                    should be encouraged.

7                                                          I really, really hope that

8                    based on all of this, and based on all of the

9                    evidence heard at this hearing, the information

10                   included in the presentence report, and

11                   everything else that was filed, it will be as

12                   obvious to those making placement decisions, as

13                   it is to me, that Mr. Tetso should be permitted

14                   to serve his sentence in the north.

15                                                          The Crown has sought ancillary

16                   orders, and I will deal with those first.  This

17                   is a primary designated offence, so there will be

18                   a DNA order.  There will also be a firearms

19                   prohibition as of today and ten years after

20                   Mr. Tetso's release.  There will be an order for

21                   a victim of crime surcharge as it is mandatory.

22                   The time to pay a default time as provided by the

23                   statute.

24                                                          Can you stand up, please.

25                   Mr. Tetso, I am going to follow the joint

26                   submission.  If it was not for the time you

27                   already spent in custody, the sentence would have


 

1                    been four and a half years.  For the 560 days you

2                    have already spent in custody, I give you credit

3                    for 27 and a half months.  So the further jail

4                    term will be 26 and a half months, which means

5                    two years and two and a half months.  You can sit

6                    down.

7                                                          I direct that a transcript of

8                    what I said this afternoon be prepared on an

9                    expedited basis so that it can be sent to the

10                   correctional authorities for their review and

11                   considered when they make their placement

12                   decision.

13                                                          I also direct, for the same

14                   reasons, that a copy of the presentence report,

15                   the victim impact statements, and all the support

16                   letters be sent to the correctional authorities

17                   as well so they can see for themselves the kind

18                   of support that you have, and so they can see for

19                   themselves why it is important.  I also hope that

20                   that information will be of assistance to those

21                   who are working with you while you serve your

22                   sentence.

23                                                          Mr. Tetso, I know you are

24                   truly sorry about this.  I know you are being

25                   punished every day for having to live with what

26                   you have done, and that my sentence means very

27                   little compared to what you are already going


 

1                    through.  I have also not often heard and read as

2                    many words of support and love for a person that

3                    I have to sentence.

4                                                          You are well regarded by

5                    members of this community and by your family.  As

6                    your sister told you yesterday, do not forget

7                    that.  There are people here, as I mentioned,

8                    that would like you to be in touch with them

9                    ahead of your release so they can help prepare

10                   for your return, so they can put things in place

11                   to help you succeed.  Everyone wants to see you

12                   succeed, and you will need these supports.

13                                                          You have many, many talents.

14                   Many ways to contribute to this community.  You

15                   can share your experience with others when you

16                   are ready.  You can help others who are

17                   struggling in the way you have struggled.  You

18                   can be there for your daughter and help her to

19                   become a strong, wise woman.  You are still

20                   young, and there is a lot for you to do.  So many

21                   goods things you can do for Deline.  Do not give

22                   up hope, and do not give up on life.

23                                                          Have I missed anything from

24                   the Defence's perspective?

25            MR. DAVISON:           No.  But in addition to the

26                   other steps that you have directed be taken, I

27                   would ask there be an endorsement on the warrant


 

1                    of committal that the Court is giving as strong

2                    as possible recommendation to placement in the

3                    north, and perhaps even to alert the authorities

4                    that that document that the transcript and other

5                    materials that you referred to will be sent to

6                    them as quickly as possible so they don't

7                    possibly make a decision before having that

8                    material.

9            THE COURT:             Yes.  Thank you for reminding

10                   me.  That is very much my intention.  I am

11                   directing that the warrant of committal be

12                   endorsed with my strongest, and I do want the

13                   word "strongest" to be there in bold and

14                   underlined, recommendation that Mr. Tetso will be

15                   permitted to serve his sentence in a northern

16                   institution.  And I am going to direct that a

17                   note be sent along with the warrant of committal

18                   indicating that I have ordered that a copy of the

19                   transcript and all of the exhibits be sent to the

20                   correctional authorities as well.

21                                                          I do not see a reason why

22                   copies of the exhibits cannot be sent right away

23                   when we return to Yellowknife, but also let them

24                   know that the transcript will be coming.

25                                                          Have I overlooked anything

26                   else?

27            MS. PICHÉ:             No, Your Honour.


 

1            THE COURT:             Thank you.

2                                                          Before we close court, I want

3                    to thank the court staff.  I want to thank the

4                    interpreter for her hard work.  I thank and

5                    commend all counsel for their work on this case,

6                    and I thank the community members for their

7                    participation and for attending today and for

8                    showing as much support as you have for

9                    Mr. Tetso.  Because, ultimately, I believe

10                   strongly that that is what will make the

11                   difference for the future.

12                                                          We will close court.

13            THE COURT CLERK:       Thank you, Your Honour.

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2      CERTIFICATE OF TRANSCRIPT

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4                    I, the undersigned, hereby certify that the

5            foregoing pages are a complete and accurate

6            transcript of the proceedings produced from the

7            stenographic notes of Karilee Mankow, Court Reporter,

8                    in shorthand and transcribed from audio recording

9                    to the best of my skill and ability.

10                   Dated at the City of Edmonton, Province of

11                   Alberta, this 31st day of July, 2018.

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13                             Certified Pursuant to Rule 723

14                             of the Rules of Court

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18                          __________________________

19                                                          Karilee Mankow

20                                                          Court Reporter

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 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.