Supreme Court

Decision Information

Decision information:

Transcript of Decision

Decision Content

R v Firth, 2018 NWTSC 55           S-1-CR-2018-000059

 

 

IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

 

 

IN THE MATTER OF:

 

 

HER MAJESTY THE QUEEN

 

 

- v -

 

 

LESLIE ROBERT FIRTH

_________________________________________________________ Transcript of the Decision held before The Honourable Justice L.A. Charbonneau, sitting in Yellowknife, in the Northwest Territories, on the 27th day of August, 2018.

_________________________________________________________

 

 

APPEARANCES:

 

 

Mr. B. Green:                 Counsel for the Crown

Ms. J. Cunningham:            Counsel for the Accused

 

 

(Charges under s. 244.2, s.267(a), s.264.1(1)(a) of the

Criminal Code)

 

There is a ban on the publication , broadcast  or transmission of the evidence taken the information given or the representations made and the reasons for decision until such time as the trial has concluded pursuant to

s . 517 of the Criminal Code


 

1            THE COURT:             Mr. Firth faces charges

2                    arising from events alleged to have happened on

3          January 9th, 2018.  These charges are having

4                    discharged a firearm while being reckless to the

5                    life or safety of another person; using a firearm

6                    in the commission of an assault against Gladys

7                    Aleekuk; and uttering threats to cause death to

8                    Gladys Aleekuk.

9                             On January 17th, 2018, Mr. Firth had a show

10                   cause hearing before a justice of the peace.  At

11                   the conclusion of that hearing, he was ordered

12                   detained on the secondary ground.  He now applies

13                   for a review of his detention.

14                             The Supreme Court of Canada decided in R v

15                   St. Cloud that the door to a bail review like

16                   this one is only open in certain situations.  One

17                   of those situations is when there has been a

18                   material change in circumstances since the

19                   original bail hearing.

20                             Here, this is what the request for review is

21                   based on:  The Crown is not arguing that the door

22                   is not open for review.  The Crown concedes that

23                   there have been material changes in

24                   circumstances, but the Crown continues to oppose

25                   release on the secondary ground.  The Crown takes

26                   the position that the changes in circumstances

27                   are not significant, and they do not justify a


 

1                    different conclusion on the analysis of whether

2                    Mr. Firth's detention is necessary for public

3                    safety reasons.

4                             The Crown maintains the allegations that

5                    were put forward at the January bail hearing.

6                    This is what they are in summary, and at this

7                    stage, of course, they are only allegations.

8                             In January 2018, Mr. Firth and Ms. Aleekuk

9                    had been in a relationship for just over a year.

10                   On the evening in question, he was at a cabin

11                   that Ms. Aleekuk owns at Airport Lake near

12                   Inuvik.  Ms. Aleekuk went to the cabin to check

13                   on Mr. Firth.  She was concerned for him because

14                   there had been a news story about children dying

15                   in a house fire in eastern Canada.  Mr. Firth

16                   lost his children in similar circumstances many

17                   years ago, and Ms. Aleekuk was worried about the

18                   news story triggering him.

19                             When she arrived at the cabin, she found him

20                   there with one of his friends, Mr. Peter Semmler.

21                   They were drinking alcohol, according to her.

22                   She confronted Mr. Semmler about bringing alcohol

23                   to the cabin.  Part of the overall context is

24                   that Mr. Firth had been trying to maintain his

25                   sobriety, and that was one of the reasons for him

26                   being at the cabin.  Mr. Firth became upset about

27                   Ms. Aleekuk's intervention.  He left the room and


 

1                    came back with a rifle, loaded it, and pointed it

2                    at Ms. Aleekuk.

3                             He made comments about being tired and sick

4                    of people interfering in his life.  He pointed

5                    the firearm in her direction, a few feet to the

6                    side of her head, and fired.  He left the room

7                    and returned shortly thereafter carrying the

8                    firearm on his side.  He said words to the

9                    effect, "You want another one?  You want another

10                   one?"  And approached her again.  She grabbed the

11                   barrel of the rifle.

12                             For a time, they both held on to the rifle.

13                   He was again saying things along the lines of

14                   being sick of people getting into his life.  She

15                   let go of the rifle eventually.  Mr. Firth left

16                   the room again, and this was when Ms. Aleekuk got

17                   out of the cabin and called the police to report

18                   what was happening.  They told her to get in her

19                   truck.  After she spoke to police, which was some

20                   distance away from the cabin, Mr. Firth arrived

21                   by Ski-Doo.  He was still carrying the rifle over

22                   his shoulder.  He said to her words to the

23                   effect, "You're happy now?  You called the cops.

24                   I don't care anymore.  My girls are gone.  I'll

25                   just wait for them."  Ms. Aleekuk was still on

26                   the phone with police at that point, and they

27                   told her to drive away, and she did.


 

1                             The next day, the police attended the cabin

2                    with Ms. Aleekuk's consent.  They found a hole in

3                    one of the walls close to a chair.  Mr. Firth was

4                    arrested.  I understand from what was said at the

5                    hearing that he was in Ms. Aleekuk's company at

6                    the time of his arrest.  He was interviewed at

7                    two different times by police officers.  In the

8                    first statement, he denied any wrongdoing.  In

9                    the second one, he initially denied any

10                   wrongdoing as well, but eventually admitted that

11                   he discharged the firearm.

12                             His version of what happened in that second

13                   statement is different from what Ms. Aleekuk said

14                   in her statement in different ways.  For example,

15                   he told the officer that he was not drinking any

16                   alcohol that night.  He said he was sleeping and

17                   woke up to Ms. Aleekuk striking him, and that he

18                   must have "snapped," and that's why he fired.

19                             In January 2018, Mr. Firth was under a

20                   firearms prohibition order.  That order was the

21                   result of a sentence imposed on him in 2016 for

22                   uttering threats.

23                             Mr. Firth has a lengthy criminal record.

24                   Without referring to it in detail, it includes a

25                   steady stream of convictions for criminal

26                   offences commencing in 1976 and continuing on

27                   until his last convictions in March 2016.  This


 

1                    was for the uttering threats I just mentioned, as

2                    well as a conviction for drinking and driving.

3                    There are numerous convictions for breaches of

4                    court orders of various kinds on this record.

5                    Several breaches of probation and breaches of

6                    undertakings or recognizances.  The record also

7                    includes numerous convictions for crimes of

8                    violence.  There are assaults, uttering threats,

9                    assault with weapon, assault causing bodily harm,

10                   assault with intent to resist arrest, careless

11                   use of firearm, and the most serious conviction,

12                   for sexual assault in 1997, which resulted in the

13                   imposition of a sentence of four-and-a-half years

14                   imprisonment.  That was the only time Mr. Firth

15                   received a sentence in the penitentiary range.

16                   Most of the jail terms he received are counted in

17                   months.  Although on a few occasions, he was

18                   sentenced to more than one year imprisonment

19                   globally.

20                             At the original bail hearing, the release

21                   plan presented was that Mr. Firth would go live

22                   at the cabin of his sister and her husband, which

23                   is about a two-hour drive or ride outside of

24                   Inuvik.  By all accounts, Mr. Firth is very

25                   skilled on the land, and there were numerous

26                   tasks that his sister testified he would be able

27                   to assist with at the cabin.  His sister was the


 

1                    proposed surety.  She testified that she had no

2                    concerns about his behaviour at this cabin as it

3                    is a place where people engage in traditional and

4                    bush activities, there's no alcohol, and people

5                    are happy when they are there.  The evidence

6                    painted a picture of a highly-functional and

7                    positive environment at that cabin.  The relative

8                    proximity from town would also have enabled

9                    Mr. Firth to report to police regularly if

10                   required.

11                             The Crown did not have any concerns with a

12                   surety herself, but argued that given Mr. Firth's

13                   history of alcohol abuse and of violence and of

14                   noncompliance with court orders, no plan could

15                   alleviate the public safety concerns arising from

16                   these allegations.  The justice of the peace was,

17                   clearly, impressed with the surety and impressed

18                   with the plan, but he nonetheless concluded that

19                   as good as it was, the plan could not alleviate

20                   the public safety concerns arising from the

21                   criminal record.

22                             I turn now to the circumstances as they were

23                   presented to me at the hearing of this

24                   application.  The release plan that is being

25                   proposed now is that Mr. Firth would live in

26                   Yellowknife with his friend, Elaine Briere.

27                   Ms. Briere swore an affidavit in support of this


 

1                    application, and she also testified at the

2                    hearing.  She answered all the questions in a

3                    straightforward manner and came across to me as

4                    an honest, reliable person.  She and Mr. Firth

5                    have known each for a long time, and were at one

6                    point in a relationship.  They have a son

7                    together who's now 26.  She has two other

8                    children aged 21 and 15.  Ms. Briere and

9                    Mr. Firth have remained friends.  They get along,

10                   and they respect each other.  Ms. Briere's home

11                   is a nondrinking home.  She has space for

12                   Mr. Firth.  She's never been a surety before, but

13                   she is prepared to act as one now.

14                             She testified she will call the police if he

15                   does not comply with his conditions, she has

16                   discussed the matter with her children, and

17                   everyone is in agreement with Mr. Firth living

18                   with them.  She testified she understands this

19                   matter could be pending for a long time, and that

20                   her responsibilities as a surety would last until

21                   the matter is over.  She said she is prepared to

22                   take on those responsibilities for as long as it

23                   takes.

24                             In his own affidavit, Mr. Firth deposes that

25                   he wants to access treatment and counselling to

26                   deal with his alcohol and grief issues and his

27                   trauma.  He deposes that he will comply with


 

1                    conditions, that he respects Ms. Briere, and that

2                    he would not want to do anything that could

3                    result in her being subject to a forfeiture of

4                    the recognizance.  He deposes that he has work

5                    lined up in Yellowknife if released, and as he

6                    has been steadily employed over the years, it

7                    seems realistic to think that if released, he

8                    would, in fact, be able to find work in

9                    Yellowknife.

10                             The preliminary hearing into this matter has

11                   now proceeded.  There has also been a pretrial

12                   conference, held the same day as the bail review,

13                   where the various legal issues that are

14                   anticipated to arise at trial were discussed.

15                             As is usually the case, at the original bail

16                   hearing, allegations were read in by the

17                   prosecutor; no witnesses were called.  The

18                   evidence in support of the allegations was not

19                   tested in any way.  Now that the preliminary

20                   hearing has proceeded, there is a lot more

21                   information about what the Crown's case will rest

22                   on and look like and some of the challenges the

23                   Crown will face.  And there are two main elements

24                   in this respect: the evidence of Ms. Aleekuk, and

25                   the evidence about Mr. Firth's statement to the

26                   police, which the Crown hopes to rely on as part

27                   of its case.


 

1                             The testimony of Ms. Aleekuk at the

2                    preliminary hearing was, in very significant

3                    ways, different from the account of events she

4                    gave in the statement she gave to police the

5                    night of the events.  Her evidence at the

6                    preliminary hearing was that she contacted police

7                    sometime after these events, saying that what she

8                    said in her statement was not true.  The

9                    investigator did not want to take a further

10                   statement from her as he believed her initial

11                   account was the true one.  Ultimately,

12                   Ms. Aleekuk contacted a lawyer.  What she told

13                   the lawyer is in line with her evidence at the

14                   preliminary hearing:  That she was intoxicated on

15                   the night in question; that she has several

16                   blackouts about the evening; that she does not

17                   remember what she told the officer, as she was in

18                   a blackout state at the time of this statement.

19                   Assuming Ms. Aleekuk maintains this version of

20                   events at trial, the Crown intends to call her,

21                   confront her with her statement, and attempt to

22                   have the statement ruled admissible for its truth

23                   under the principled exception to the

24                   inadmissibility of hearsay.  Ms. Aleekuk's

25                   statement was video recorded, but was not taken

26                   under oath.  A transcript of the statement was

27                   filed at the bail review hearing, so I have the


 

1                    benefit of that.

2                             A second important piece of the Crown's case

3                    at trial will be Mr. Firth's second statement to

4                    police.  A transcript of that statement was also

5                    filed at the review hearing.  The voluntariness

6                    of the statement will be an issue at the trial.

7                    The officer who took Mr. Firth's statement

8                    testified at the preliminary hearing.  He was

9                    questioned, among other things, about the fact

10                   that he did not preserve the footage of the

11                   cellblock video recordings for the period of time

12                   when Mr. Firth was in custody prior to giving his

13                   statement.  The officer explained that there are

14                   cameras running 24 hours a day, seven days a week

15                   that record everything that go on in the

16                   cellblock area, but those are on a cycle of time

17                   after which the recording gets taped over.  It is

18                   possible to extract footage before the tape over

19                   happens, but not after.  He explained that

20                   typically the footage would only be preserved if

21                   there is an incident or alleged incident at the

22                   cellblock.  In this case, he knew of no reason to

23                   preserve the recording.  By the time the issue

24                   was raised, the footage had already been taped

25                   over as part of the usual cycle.

26                             The officer was also questioned about an

27                   interruption during the statement.  The statement


 

1                    was audio- and video-recorded, and the officer

2                    was also recording it with the handheld recorder

3                    as a backup.  At one point, Mr. Firth said he

4                    wanted a cigarette, and that he would talk after.

5                    He and the officer left the room for that

6                    cigarette break.  The recording system in the

7                    interview room got turned off.  The officer also

8                    turned off the handheld recorder.  He explained

9                    that he did so because he considered that to be a

10                   break from the statement.  He was asked about

11                   what they talked about during the break, and

12                   although he could not remember it verbatim, he

13                   explained the conversation was about hunting,

14                   boating, and activities on the land.  The officer

15                   said he did not think there was any conversation

16                   about Ms. Aleekuk.

17                             The Defence argues that the plan now being

18                   presented is a strong one; that there is no

19                   reason to doubt the surety's ability to do what

20                   she said she would do.  Mr. Firth would live in

21                   Yellowknife, as opposed to being at a cabin a few

22                   hours away from Inuvik.  This added distance from

23                   where Ms. Aleekuk lives, the Defence argues,

24                   means that the potential for she and Mr. Firth to

25                   have contact would be more remote.  This is

26                   relevant both to her safety and to potential

27                   interference with the administration of justice.


 

1                             The Defence argues that an important change

2                    in circumstances is that the Crown's case is not

3                    as strong as it might have appeared at the time

4                    of the initial bail hearing.  The Defence argues

5                    that because the statement Ms. Aleekuk gave to

6                    police was unsworn, the Crown will very much have

7                    an uphill battle on the hearsay application.  As

8                    for the statement to police, Defence argues that

9                    even if it is admitted, it is not altogether

10                   clear what admissions were made by Mr. Firth.  In

11                   addition, the Defence argues that the

12                   voluntariness voir dire will be an uphill battle

13                   for the Crown as well given that part of the

14                   exchange between the officer and Mr. Firth was

15                   not recorded.

16                             The Crown argues that the changes in

17                   circumstances do not have any real impact on the

18                   analysis on the secondary ground.  The Crown

19                   argues that when one reviews Ms. Aleekuk's

20                   statement to police, it belies the notion that

21                   she was in a blackout when she gave it.  The

22                   Crown takes the position that it has a reasonable

23                   chance of success on the hearsay application,

24                   even if Ms. Aleekuk maintains her current version

25                   of events.  Crown takes the position that this is

26                   a classic case of a serious incident of domestic

27                   violence where the complainant is recanting.


 

1                             Ms. Aleekuk has never told police that she

2                    fears Mr. Firth.  Even in her statement to the

3                    police, the night of these events, she said she

4                    did not fear him.  As I said, they were together

5                    when he was arrested.  But the Crown maintains

6                    that there is concern for her safety and concerns

7                    for interference with the administration of

8                    justice.

9                             As for Mr. Firth's statement, the Crown

10                   argues that what he said, when read in the

11                   context of the full exchange with the officer, is

12                   very inculpatory, and will be of considerable

13                   assistance to the Crown if the statement is ruled

14                   admissible.  The Crown takes the position that

15                   the interruption in the recording will not be

16                   fatal to its case on admissibility, particularly

17                   since immediately after the cigarette break the

18                   officer states that nothing about the case was

19                   discussed during the break, and Mr. Firth does

20                   not say anything that would indicate

21                   disagreement.

22                             The Crown argues, much as it did at the

23                   initial hearing, that even accepting that the

24                   surety is well intended and is a good surety, the

25                   Court cannot have confidence that Mr. Firth will

26                   comply with release conditions.

27                             The right to bail is constitutionally


 

1                    protected, closely linked to the presumption of

2                    innocence and of crucial importance in our

3                    justice system.

4                             The Supreme Court has reaffirmed this last

5                    year in the opening paragraph of its decision in

6                    R v Antic, 2017 SCC 27 when it said:

7                             The right not to be denied bail without just cause is an essential

8                             element of an enlightened justice system.    It entrenches the effect of

9                             the presumption of innocence at the pretrial stage of the criminal trial

10                             process, and safeguards the liberty of accused persons.

11

12                             The just cause that can serve as a reason to

13                   order the detention of an accused person in our

14                   system is one or more of the three grounds set

15                   out in the Criminal Code.  Here, only the

16                   secondary ground is engaged.

17                             The secondary ground justifies detention

18                   where the detention is necessary for the

19                   protection or safety of the public, including any

20                   victim or witness to the offence or of any person

21                   under the age of 18 years, having regard to all

22                   the circumstances including any substantial

23                   likelihood that the accused will, if released

24                   from custody, commit a criminal offence or

25                   interfere with the administration of justice.

26                   That's set out in Section 515(10)(b) of the Code.

27                             Some key elements of this description are,


 

1                    first, that the detention must be necessary, not

2                    simply helpful or convenient; second, the mere

3                    possibility that an accused may commit another

4                    offence is not sufficient to justify detention.

5                    The threshold is higher and is "substantial

6                    likelihood"; and, third, even a substantial

7                    likelihood in the commission of an offence does

8                    not on its own suffice; it has to be linked to a

9                    threat or a risk to the safety of the public.

10                             Any decision on bail involves a risk

11                   assessment analysis.  No one has a crystal ball

12                   and can predict with any degree of certainty

13                   whether a person will or will not comply with

14                   release conditions, will or will not be able to

15                   abstain from consuming liquor, will or will not

16                   commit further offences.  Simply put, there is no

17                   way of being sure either way, and that goes in

18                   both directions.  The Crown will never be able to

19                   show in a determinative way that the accused will

20                   commit a further offence and harm someone if

21                   released; and an accused will never be able to

22                   show in a determinative way if he or she will not

23                   commit any further offence.

24                             Past conduct is one of the things courts

25                   look at in this effort to assess what a person's

26                   future behaviour may be.  This is why a person's

27                   criminal record is relevant at a bail hearing.


 

1                    Some might say that is just judging someone on

2                    their past and isn't fair, but in assessing

3                    future risk, one cannot ignore past conduct,

4                    especially repeated past conduct.  The criminal

5                    record should never be the only consideration,

6                    but it certainly is a consideration.

7                             In this case, the criminal record is

8                    particularly troubling for several reasons.

9                    First, it is very lengthy and spans several

10                   decades with very few gaps; Second, it contains

11                   numerous crimes of violence, including some very

12                   serious ones; and, third, it contains numerous

13                   convictions for not complying with court orders.

14                             We know that a criminal record that includes

15                   a lot of breaches can be misleading.  For

16                   example, if a no-alcohol condition was part of

17                   the release terms, the breach conviction could

18                   represent simply someone having consumed alcohol,

19                   and nothing else having happened, no other crime

20                   having been committed.  On the whole, Mr. Firth's

21                   record of conviction suggests that a number of

22                   substantive offences were committed while he was

23                   bound by court orders.

24                             In addition, after being sentenced to

25                   four-and-a-half years imprisonment for sexual

26                   assault and being released on parole, he violated

27                   his parole conditions and was recommitted to


 

1                    custody.  He has driven motor vehicles while he

2                    was prohibited.  He has a strong pattern of not

3                    actually complying with release terms and court

4                    orders, even when the stakes are high.

5                             It is argued that this release plan is

6                    better than the previous one because it

7                    contemplates the accused living much further away

8                    from Ms. Aleekuk than was the case under the

9                    original plan, and that is true.  On the other

10                   hand, the first plan contemplated Mr. Firth being

11                   essentially at a bush camp some distance from the

12                   community of Inuvik and without easy access to

13                   alcohol.  While it has been said that he is

14                   capable of abstaining, the criminal record

15                   suggests a long-lasting issue with alcohol.  If

16                   Mr. Firth lived in Yellowknife, even in an

17                   alcohol-free home, alcohol would be readily

18                   accessible to him.  There are two liquor stores

19                   here, several bars and licenced premises where

20                   alcohol is sold.  So while the plan is stronger

21                   from the point of view of keeping the accused and

22                   Ms. Aleekuk apart, (acknowledging that there is

23                   no guarantee they would not be in contact,

24                   particularly as she has said from the beginning

25                   that she doesn't fear him and was with him at the

26                   time of his arrest), the plan is weaker as far as

27                   potential access to alcohol.


 

1                             The seriousness of the allegations also

2                    comes into play when examining the secondary

3                    ground.  Here we have an allegation of a firearm

4                    being discharged inside a house, pointed a short

5                    distance away from a person's head.  This,

6                    especially in the face of the criminal record

7                    that includes numerous convictions for serious

8                    violent crimes, including convictions for assault

9                    with weapon and a conviction, albeit dated, for

10                   careless use of a firearm, is of great concern.

11                             It is very clear that there are triable

12                   issues in this case; I certainly agree with

13                   Defence on that point.  The strength of the

14                   Crown's case is not referred to in the

15                   description of the secondary ground whereas under

16                   the tertiary ground, it is spelled out as one of

17                   the factors to consider in the analysis.  This

18                   does not mean that the strength of the Crown's

19                   case is entirely irrelevant to the analysis under

20                   the secondary ground.  Public safety concerns

21                   will naturally be greater if the Crown appears to

22                   have a solid case on allegations that involve

23                   very dangerous conduct or conduct where serious

24                   harm was caused.  But the strength of the Crown's

25                   case is not as directly relevant as it is for the

26                   analysis under the tertiary ground.

27                             To the extent that the strength of the


 

1                    Crown's case is relevant, it goes without saying

2                    that the task of the bail hearing judge or the

3                    bail review judge is not to try the case.  As far

4                    as the issue of whether Ms. Aleekuk's statement

5                    will be ruled admissible, a full analysis will

6                    have to be conducted once all the voir dire

7                    evidence has been called.  The fact that the

8                    statement to police was not sworn will be a

9                    factor, but the statements were audiotaped and

10                   videotaped, and the trial judge will have the

11                   benefit of seeing and hearing the statement.

12                   Although, I did not view the statement at this

13                   hearing, I was given the transcript, as I have

14                   mentioned.  Without going too far into the

15                   analysis for present purposes, because it is not

16                   my task, I will say that on its face, the

17                   transcript, in my view, does seem to belie the

18                   contention that it was given by someone in a

19                   highly-intoxicated state.  That being said, it is

20                   also not going to be a clear-cut case for

21                   admissibility.

22                             As for the accused's statement, again, it is

23                   not for me at this stage to engage in a full

24                   analysis of whether it will be ruled voluntary.

25                   The significance of there being no footage of the

26                   cellblock during the period of time when

27                   Mr. Firth was there will depend on what is


 

1                    alleged to have taken place during that time, and

2                    the evidence of the people who were involved in

3                    guarding him.  As for the fact that the cigarette

4                    break was not recorded, again, the significance

5                    of that will depend on the evidence adduced at

6                    the voir dire.

7                             One thing that I can say from the review of

8                    the transcript is that it does seem to me that

9                    the things said by Mr. Firth, when considered in

10                   the context of the whole of the statement, would

11                   be helpful to the Crown if this statement is

12                   admitted.  He acknowledges firing the gun, talks

13                   about having snapped, talks about having wanted

14                   to leave the area afterwards because he did not

15                   want anything else to happen.  If the Crown fails

16                   on the hearsay application, and Mr. Firth's

17                   statement is admitted, it may not assist the

18                   Crown on all the counts of the indictment, but it

19                   will assist the Crown on the careless discharge

20                   count, which is obviously very serious.

21                             As I said already, the strength of the

22                   Crown's case is not as directly relevant to the

23                   secondary ground as it is when release is opposed

24                   on the tertiary ground.  If the Crown had an

25                   extremely weak case, that would play a part in

26                   the analysis, because it does relate back to the

27                   risk assessment that I referred to earlier.  The


 

1                    same would be true if the allegations did not

2                    disclose conduct that suggests a high degree of

3                    risk to the public.  Here, the allegations are of

4                    conduct that presents an extremely high public

5                    safety risk, not just to Ms. Aleekuk herself, but

6                    to others.  The Crown's case is not a "slam

7                    dunk," far from it, but it is also not at the

8                    weakest end of the spectrum, in my view.  The

9                    plan has some strengths, but Mr. Firth's track

10                   record of compliance with court orders, probation

11                   release terms, driving prohibitions, and his

12                   failure to abide by his parole conditions in

13                   circumstances where he knew the stakes were very

14                   high makes it very difficult for me to have

15                   confidence that he will comply with conditions I

16                   would impose on him this time.  And that,

17                   combined with the accessibility of alcohol in his

18                   proposed city of residence, leaves me with great

19                   concerns.

20                             On the whole, I find that Mr. Firth's

21                   continued detention is necessary on the secondary

22                   ground.  I have no doubt about the surety's good

23                   intentions or even about Mr. Firth's good

24                   intentions at this time, but on the whole of the

25                   evidence, in my view, there is a substantial

26                   likelihood that he will commit a further offence

27                   if released, and that this would jeopardize the


 

1                    safety of the public.  For those reasons, the

2                    application is denied.

3      -----------------------------------------------------

4

5

6      CERTIFICATE OF TRANSCRIPT

7

8                    I, the undersigned, hereby certify that the

9            foregoing pages are a complete and accurate

10            transcript of the proceedings taken down by me in

11            shorthand and transcribed from my shorthand notes

12            to the best of my skill and ability.

13                   Dated at the City of Yellowknife, Northwest

14                   Territories, this 19th day of September, 2018.

15

16                             Certified Pursuant to Rule 723

17                             of the Rules of Court

18

19                             __________________________

20                                                          Karilee Mankow

21                                                          Court Reporter

22

23

24

25

26

27

 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.