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Transcript of the Reasons for Sentence

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R v Dunn, 2018 NWTSC 29            S-1-CR-2017-000065

 

 

AMENDED ORIGINAL

 

 

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

 

 

IN THE MATTER OF:

 

 

HER MAJESTY THE QUEEN

- v - MIKE DUNN

 

ORIGINAL amended as of June 6, 2018

_________________________________________________________ Transcript of the Reasons for Sentence delivered by The Honourable Justice S. H. Smallwood, sitting in Yellowknife, in the Northwest Territories, on the 17th day of April, 2018.

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APPEARANCES:

 

 

Mr. D. Praught:               Counsel for the Crown

Mr. P. Hoare:                 Counsel for the Accused

 

 

(Charges under s. 465(1)(c) of the Criminal Code, and 5(1) and 5(2) of the Controlled Drugs and Substances Act)


 

1            THE COURT:             Good afternoon.  So we will

2                    start by having a conviction entered on count 1

3                    on the Indictment.  And I understand the Crown

4                    intends to enter a stay, as against Mr. Dunn, on

5                    counts 2 and 3?

6            MR. PRAUGHT:           That's correct, Your Honour.

7                    I have a written stay of proceedings to --

8            THE COURT:             Okay.  All right.  Thank you.

9                             Mike Dunn has pleaded guilty to having

10                   conspired with a number of other people to

11                   traffic in cocaine and to possess cocaine for the

12                   purpose of trafficking, and it is now my task to

13                   sentence Mr. Dunn for this offence.

14                             This charge arises from a major

15                   investigation conducted by the RCMP into drug

16                   trafficking activities in Yellowknife and in the

17                   Northwest Territories.  The project was called

18                   Green Manalishi, and its objective was to disrupt

19                   and dismantle networks responsible for high-level

20                   drug trafficking in the Northwest Territories.

21                             As part of the investigation, the RCMP were

22                   granted a judicial authorization to monitor the

23                   private communications of multiple individuals.

24                   A number of telephone calls and text messages

25                   were intercepted suggesting that Mr. Dunn was

26                   using his position at a local airline to

27                   transport drugs and proceeds of crime in the


 

1                    Northwest Territories and between Alberta and the

2                    Northwest Territories.

3                             Norman Hache was the head of the

4                    drug-trafficking network that operated in

5                    Yellowknife and throughout the Northwest

6                    Territories.  Mr. Dunn is his brother-in-law.

7                             At the time of the offence, Mr. Dunn had

8                    been employed by the airline for over 20 years.

9                    His role, within Mr. Hache's organization, was to

10                   arrange for the transport of drugs and cash,

11                   throughout the Northwest Territories and to and

12                   from Alberta, using his employment with the

13                   airline.

14                             On two occasions, the first on March 3rd,

15                   2016, 4 ounces of crack cocaine and 8 ounces of

16                   powdered cocaine were shipped from Alberta to

17                   Mr. Hache in Yellowknife through the accused and

18                   his employment with the airline.  The cocaine was

19                   then shipped to another person in Fort Resolution

20                   for distribution to other communities in the

21                   Northwest Territories.

22                             On March 15th, the second occasion,

23                   15 ounces of crack cocaine and 15 ounces of

24                   powdered cocaine were sent to Mr. Hache from

25                   Alberta, again, using Mr. Dunn and his employment

26                   with a local airline.

27                             I will not go into the details of the


 

1                    drug-trafficking network run by Mr. Hache, but

2                    the sentencing of Mr. Hache, by

3                    Justice Charbonneau, and the sentencing of

4                    Mr. Herback that I did earlier this year, those

5                    decisions outline the scope of the

6                    drug-trafficking activities that Mr. Hache's

7                    organization was involved with and the amounts of

8                    drugs and cash that were involved.

9                             Suffice it to say, Mr. Hache's organization

10                   was involved in the wholesale trafficking of

11                   cocaine, and Mr. Dunn played a significant role

12                   in the transportation of the drugs and cash for

13                   the organization.

14                             In terms of a sentence, the Crown is seeking

15                   a sentence of three years' imprisonment, and the

16                   defence is also asking for the same sentence.

17                             A primary objective in sentencing for

18                   trafficking in cocaine is deterrence and

19                   denunciation.  Denunciation meaning to denounce

20                   unlawful conduct and the harm done to victims or

21                   to the community that is caused by the offender's

22                   conduct; and deterrence to deter the specific

23                   offender and other persons, generally, from

24                   committing similar offences.  In trafficking

25                   cases, the focus is on imposing sentences that

26                   send a message and deter other persons who might

27                   be tempted to traffic in cocaine.


 

1                             This has been the message that the Courts,

2                    in this jurisdiction, have been sending for years

3                    now; and, with Project Green Manalishi, of which

4                    many of the cases have been resolved with guilty

5                    pleas, this Court has continued to emphasize

6                    those principles.  It is clear, from that

7                    project, that drugs, specifically the trafficking

8                    in cocaine, continues to be a significant problem

9                    in this jurisdiction.

10                             Mr. Dunn's role, in this organization, was

11                   essentially that of a courier.  He helped move

12                   drugs and cash for Mr. Hache.  And, while it is

13                   not surprising to hear that the Hache

14                   organization was distributing drugs throughout

15                   the Northwest Territories, it is of concern.

16                             The accused, in his employment with an

17                   airline, was able to facilitate this.

18                   Buffalo Airways flies to many communities in the

19                   North bringing needed supplies to remote

20                   communities, many of which are not accessible by

21                   road.  Some communities are accessible by road in

22                   the winter; but, for most communities, groceries

23                   and supplies are flown in.  Communities rely on

24                   air cargo.  That is the way it is and has been in

25                   the North for many years.

26                             That the airline was used by Mr. Hache's

27                   organization, using the accused's position with


 

1                    the airline to distribute cocaine to these remote

2                    communities, is aggravating.

3                             While there have long been ways to get

4                    illicit substances like cocaine, marihuana, and

5                    alcohol into remote communities, Mr. Dunn's

6                    position with the airline made the distribution

7                    of the drugs much easier and facilitated the

8                    spread of cocaine.

9                             Many of these communities, like Fort Good

10                   Hope, which was referred to in the intercepted

11                   conversations which were played this morning,

12                   have social problems going back many years.

13                   These problems existed before the introduction of

14                   cocaine into the community, but the introduction

15                   of cocaine will not help those problems and can

16                   only make it worse; and it is disheartening to

17                   hear that getting cocaine into the community was

18                   as easy as calling up Mr. Hache and having the

19                   accused send up the drugs using his employment

20                   with Buffalo Airways.

21                             The amount of cocaine involved with the

22                   organization was significant.  For example, the

23                   amount of cocaine which was seized in

24                   Fort Resolution was 362.5 grams of cocaine.  That

25                   is a significant amount of cocaine which was

26                   destined for small communities in the South Slave

27                   area.  The amounts that are involved are


 

1                    sufficient to demonstrate that the organization

2                    was engaged in wholesale commercial trafficking.

3                             Turning to Mr. Dunn's circumstances, he is

4                    48 years old and has no criminal record.  He is a

5                    first-time offender.  I have read about his

6                    background in the presentence report and heard

7                    from his counsel.  He has been a productive

8                    member of society for many years.  He has been

9                    gainfully employed for most of his adult life.

10                   He worked for over 20 years for Buffalo Airways.

11                   He is married.  He is active in the community on

12                   the Board of organizations; and, in some ways, it

13                   is quite mystifying as to why he would get caught

14                   up in these activities.

15                             In the presentence report, he talks about

16                   trying to help out his brother-in-law, and that

17                   being his motivation for getting involved, to

18                   help out his brother-in-law.  He says, in the

19                   presentence report, that he began doing favours

20                   here and there and to ship parcels.  In the

21                   presentence report, he spoke of being wilfully

22                   blind to the contents of the packages that he was

23                   shipping.

24                             In sentencing submissions, counsel for

25                   Mr. Dunn says that Mr. Dunn, in his conversations

26                   with him, accepts that he was aware of what he

27                   was involved in.  And it may be that what


 

1                    Mr. Dunn said, in the presentence report, was an

2                    attempt to rationalize his behaviour after the

3                    fact.

4                             While Mr. Dunn may have started out doing

5                    favours for his brother-in-law, it is clear that,

6                    by the time the police were intercepting the

7                    communications with Mr. Hache, he was aware of

8                    the nature of what he was doing.

9                             The intercepted conversations demonstrate

10                   that Mr. Dunn knew what was involved and what he

11                   was dealing with and that he was dealing with

12                   more than just Mr. Hache.  He spoke, in the

13                   conversations with Mr. Hache, of talking with

14                   people down South; and he was clearly aware of

15                   what he was involved in, and he was concerned

16                   once he hears that the police have begun to

17                   arrest people.

18                             Mr. Dunn is fortunate that he has the

19                   support of his spouse and his employer.  You were

20                   warned by your spouse not to get involved with

21                   her brother, but you did it anyway; and you are

22                   fortunate that she has stood by you.  You were a

23                   trusted, valued, long-term employee, and you

24                   abused the trust of your employer by using your

25                   position to transport drugs and the proceeds of

26                   crime.

27                             On the one hand, you are very lucky that


 

1                    they are still willing to employ you.  A lot of

2                    employers would not take that risk.  On the other

3                    hand, that also speaks to your value to the

4                    company and how out of character this offence

5                    was.

6                             A guilty plea was entered in this case.  It

7                    is not at the earliest opportunity; but, like

8                    many of the cases involved with this project, it

9                    was a complicated matter with a number of

10                   co-accused and significant disclosure.

11                             Mr. Dunn did, ultimately, waive his

12                   preliminary inquiry, and this matter was never

13                   set for trial.  If it had proceeded to trial, it

14                   would have taken some time and required

15                   significant resources; so Mr. Dunn will receive

16                   full credit for his guilty plea.

17                             The guilty plea is also a demonstration of

18                   an acceptance of responsibility and a

19                   demonstration of remorse; and Mr. Dunn, in the

20                   presentence report and in his words in court

21                   today, clearly accepts responsibility for his

22                   involvement in this offence.

23                             In determining a fit sentence for Mr. Dunn,

24                   it is also important to consider the principle of

25                   parity and the sentences that were imposed on

26                   others involved in the organization.  I have

27                   heard that Mr. Bode-Harrison pled guilty to a


 

1                    charge of having conspired with others to traffic

2                    cocaine and possess cocaine for the purpose of

3                    trafficking.  Mr. Bode-Harrison was a supplier

4                    for Mr. Hache's drug-trafficking network, and he

5                    was responsible for coordinating and sending

6                    shipments of cocaine to the

7                    Northwest Territories.

8                             He was characterized as being the supplier

9                    of the organization, and Mr. Hache was

10                   responsible for controlling the distribution of

11                   the drugs.  They were considered equals in the

12                   organization in the sense that neither directed

13                   the other's activities.

14                             Mr. Hache also pled guilty, and both their

15                   sentences were the subject of joint submissions.

16                   Mr. Bode-Harrison was sentenced to four years'

17                   imprisonment and Mr. Hache to five years'

18                   imprisonment.  Both of those individuals were

19                   higher up in the organization than Mr. Dunn.

20                   And, as I noted, both of their sentences were

21                   joint submissions, where the Court stated that

22                   the joint submission was at the low end of the

23                   spectrum.

24                             Another person involved in Mr. Hache's

25                   network was Devon Herback.  He pled guilty to the

26                   trafficking in cocaine.  He was involved as a

27                   street-level dealer.  He was involved in the


 

1                    supply of drugs to other dealers and in

2                    collecting money owed.  Mr. Herback could be

3                    referred to as a go-to guy.  He was relied on, by

4                    the organization, to get things done.  He was

5                    sentenced to imprisonment for three years.

6                             The Crown also presented two other cases;

7                    that of R v Stiopu, 2018 NWTSC 7, and Dube and

8                    Radeka.  Those individuals were involved in

9                    another drug network that was operating at the

10                   same time, that of Todd Dube.  That organization

11                   also trafficked in cocaine, but also sold

12                   fentanyl.  The sentences involved in the

13                   trafficking in fentanyl are treated more

14                   seriously than for trafficking in cocaine.

15                             In the Radeka case, Eddy Radeka was a

16                   courier, who was 53 years old, who had no

17                   criminal record.  He was an addict who was

18                   involved in the organization to fund his

19                   addiction.  He pled guilty and was sentenced, on

20                   a joint submission, to five years' imprisonment.

21                             Ms. Stiopu was involved in the storage and

22                   distribution of drugs for Mr. Dube.  She also had

23                   no criminal record and pled guilty.  She received

24                   a sentence of four-and-a-half years.

25                             So those sentences provide some indication

26                   of the range of sentence that is appropriate for

27                   sentencing Mr. Dunn for this offence.


 

1                             First, I will deal with the ancillary orders

2                    that have been requested by the Crown, and

3                    defence counsel has not made any submissions in

4                    opposition to them; the first, being a DNA order,

5                    Section 5(1) of the Controlled Drugs and

6                    Substances Act is a secondary designated offence

7                    pursuant to Section 487.04 of the Criminal Code.

8                    And there will been an order pursuant to

9                    Section 487.051 for the taking of Mr. Dunn's DNA

10                   for the DNA Data Bank.

11                             Pursuant to Section 109 of the

12                   Criminal Code, a firearms prohibition order is

13                   mandatory, and Mr. Dunn will be prohibited from

14                   possessing firearms for a period of ten years

15                   following his release from imprisonment.  There

16                   will also be the mandatory victim of crime

17                   surcharge of $200.

18                             Mr. Dunn, please stand up.  Mr. Dunn, you

19                   could easily be facing a lengthier sentence of

20                   imprisonment than I am about to impose, but I am

21                   going to go along with the sentencing

22                   recommendation of the Crown and your lawyer.

23                             For the offence of trafficking in cocaine --

24                   or conspiracy to traffic in cocaine and possess

25                   cocaine for the purpose of trafficking, I

26                   sentence you to a period of imprisonment of

27                   36 months.  You may sit down.


 

1                             Mr. Hoare, did you want an endorsement on

2                    the warrant of committal to serve his --

3            MR. HOARE:             I did.  I -- I -- I understand

4                    that it's not binding on prison authorities;

5                    however, I'm asking for an endorsement that he be

6                    allowed to serve his sentence in the

7                    Northwest Territories close to his family and

8                    hopefully for eligibility for work release.

9            THE COURT:             Okay.  There will be that

10                   endorsement on the warrant of committal, then.

11                   Thank you.

12                             Is there anything else, counsel?

13            MR. PRAUGHT:           No, Your Honour.

14            THE COURT:             Mr. Hoare?

15            MR. HOARE:             That's it, Your Honour.

16                   Thank you.

17            THE COURT:             All right.  Thank you,

18                   counsel.

19      -----------------------------------------------------

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1                  CERTIFICATE OF TRANSCRIPT

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3                    I, the undersigned, hereby certify that the

4            foregoing pages are a complete and accurate

5            transcript of the proceedings taken down by me in

6            shorthand and transcribed from my shorthand notes

7            to the best of my skill and ability.

8                    Dated at the City of Edmonton, Province of

9                    Alberta, this 6th day of June, 2018.

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11                             Certified Pursuant to Rule 723

12                             Of the Rules of Court

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16                           __________________________

17                                                          Janet Belma, CSR(A), B.Ed.

18                                                          Court Reporter

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