111 xnr, Ti-iiutiTUiUAL COURT OF TH?: MGHTH'..'1ST TSxlRITORIEG Appeal from the Sentence of His V/or.Thip Ilagictrate K.K. de V.'eerdt • In the matter between: HER MAJESTY THi: QUEEN
and James George KEARITSY Appellant
REASONS FOR JLTDGMENT Cf The Honourable Mr. Juotice V/.G. Morrow given at I Yellov;knife I-T.l/.T. on the 17th of August AiL_ia2a. O.J.T. Troy Esq. Q.C. on behalf of the Respondent. The Appellant in person, not represented by Counsel.
The Court: I am alv/ays reluctant to interfere v.dth the sentences of a magistrate, as they are practical men who travel around the country, and knov; the country, but in the past I have indicated by Judgm^ents on appeals such as this that I do not think that the driving privile .ges should be lightly taken away v/hen there are other penalties i to be applied. . In this particular case, and with some guidance »*«\
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t to Mr. Troy I hop2, and with r9sp-3ct to the members of the Court of Appeal of Alberta, who, when they are wearing the other hat, are members of the Court of Appeal for The Northwest Territories, so it is with respect and deference I find that I cannot agree with the interpretation they put on the wording of the statutes. I construe "any period" to mean just that, any period, such as daylight hours, working hours, and so on. It seems eminently sound, particularly in the Northwest Territories where it is alm.ost inevitable where a man is going to v.'ork, or driving a small half-ton truck, and has to go some distance, often in very cold v/eather for a substantial distance, v/here there are no street cars and buses and so on. I Accordingly, until I am directed otherv/ise by a higher court, I will follov.' the policy where the facts
justify it, of giving terms v/here there is a suspension. In your case, Mr. Kearney, looking at the circumstances, and bearing in mind the attitude taken by Mr. Troy, I v.'ill allov; the appeal to the extent of var̂ '-ing the terms of the suspension to this extent. There v/ill be the suspension of your driving privileges for the period of two m.onths, except during actual trips on your work. Now that puts you on the spot. You musn't start using your car for joyriding or that type of thing. It will be purely work. Do you understand? i Mr. Kearney: Sir, I can use ray own truck? •'M ^
imnmamrmtm BWMBMI 36' The Court: Yes, for work only. In all other respects you are prohibited from driving for two months. Mr. Troy: Gir, he mentioned he used his truck from home to the grocery store for shopping. The Court: No, he can hire a taeei. He has to hurt a bit. You understand I have only allowed the appeal to the extent you can drive at your work, but that is all.l
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