Territorial Court

R. v. Sabourin, 2003 NWTTC A12
Date: 20030806
Docket: T-2-CR-2002002153

IN THE TERRITORIAL COURT OF THE NORTHWEST TERRITORIES

IN THE MATTER OF:


HER MAJESTY THE QUEEN


- and -


HAROLD JOSEPH SABOURIN


Transcript of an Order delivered by The Honourable Chief Judge R.W. Halifax, sitting in Fort Simpson, in the Northwest Territories, on the 25th day of June, A.D. 2003.


APPEARANCES:

Ms. S. Bond:   Counsel for the Crown

Mr. J. Brydon:   Counsel for the Defendant


(Charges under s. 335(1) x2, 129(a) Criminal Code)


THE COURT:   Well, it seems to me here that the issue comes down to whether or not there is a significant -- what is called a significant threat to the public safety. If the accused does not represent a significant threat, then he's entitled to be discharged absolutely. What it says, what a significant threat means is some real risk of physical or psychological harm to members of the public that is serious in the sense it is more than just trivial or something in passing.

Now, obviously the situation here is that Mr. Sabourin has, with a mixture of stress caused by various incidents in his life mixed with the use of alcohol and marijuana, results in having psychotic episodes, which in this last time has resulted in him committing the criminal offences that he was before the Court on.

Dr. Clemmey's evidence is clearly that Mr. Sabourin requires treatment to try to prevent psychotic episodes in the future, which of course we know may well result in criminal behaviour, and of course one cannot gauge or speculate with any finite concerns as to what that criminal behaviour may be, may it be further property offences, may it be physical violence. And I suppose one of the problems in dealing with the unknown here is: How do you measure risk? It seems to me that the Court has to

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put a pretty high bar here, saying that risk to the public and the public has to be protected, and that's the view I take. In my view, there is an ability to substantially reduce that risk by requiring Mr. Sabourin to attend to treatment as recommended by Dr. Clemmey. In this way, to try to provided him with the assistance that will prevent any further psychotic episodes.

What I'm going to do is I'm going to discharge Mr. Sabourin subject to conditions. The conditions will be that he is to report to a social worker within 48 hours of today and, thereafter, as directed by the social worker, but at least twice per month. He is further to attend, actively participant in, and complete all treatment and counselling programs recommended by the social worker, including the residential treatment program in Hay River.

Now, the difficulty of having him being monitored other than by the social worker -- is there a mental health worker in Fort Simpson? Do we know?

MS. BOND:   I tried to find that out just before court. I called the health centre and they didn't say there was a mental health worker. They suggested Social Services as an alternative. They have a doctor here for two months on and then two months off, so they actually have a medical practitioner who might be able to assist. I'm not

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aware of a mental health worker, but I didn't get an absolute “no” answer from them. So I don't know if there's anybody else here who's aware.

MR. CLEMMEY:  If I might say a word about this. There is no mental health worker per se in this community resident. The mental health unit at Stanton Regional Hospital does send mental health workers out occasionally to communities to diagnose and treat acute mental illness and to follow up people who have had mental illnesses in the past.

I'm not sure that in Mr. Sabourin' s case a mental health worker such as I've mentioned would be of much benefit to him. It might be of benefit to him were he to remain in contact with myself from time to time by telephone, and it may be that such contact would help to motivate him towards maintaining, let's put it --use the word “sobriety” -- sobriety from alcohol and from marijuana.

I have formed a therapeutic relationship, I believe, with this man. It has not had a great deal of clout so far in terms of preventing him from using marijuana and alcohol, which he continues to do on a regular basis in spite of my advice to the contrary, and in spite of my advice to the contrary, which would be, in my view, in the best interests of preventing a physical problem that he also has. But those are the mental health worker options that I know of.

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THE COURT:   Okay.

Well, we have him attending, actively participating in, and completing all treatment and counselling programs recommended by Social Services, including the attendance at the residential substance abuse treatment program in Hay River. He's further to abstain absolutely from the possession or consumption of alcohol, other intoxicants, or non-prescription drugs until further directed by the review board.

Is that understood?

DR. CLEMMEY:  That specifically includes marijuana?

THE COURT:   Specifically.

Understand that?

THE ACCUSED:  Yes.

THE COURT:   No marijuana, no alcohol. No drugs, period, other than ones prescribed by a doctor. You understand that, Mr. Sabourin?

THE ACCUSED:  Yes.

THE COURT:   Okay. Obviously there will be a hearing in front of the review board within 90 days, but it seems to me this is a sort of long-term thing. I'm going to make my order for a period of one year from today. The review board can do as it sees fit in the future.

Mr. Sabourin, you must realize how important it is that you do get the treatment. Don't just walk

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away here and ignore things or you are going to be back here; and if you are going to get back into trouble again, you're going to wind up in jail at some stage, because the public is entitled to protection. Understand me?

THE ACCUSED:  Yes.

THE COURT:   Make sure you make an effort here. Good luck. That will be all.

You'll take out a formal order?

MS. BOND:   Yes, Your Honour.

MR. BRYDON:  Does he need to stay for the clerk to fill out the probation order?

THE COURT:   Yes.

MR. BRYDON:  One other aspect of this --

THE COURT:   Actually, it's not really a probation order, is it? It's an order of discharge with conditions.

MS. BOND:   I'm not sure that I'll be able to get anything drafted until I get back to my office.

THE COURT:   Well, it's an order. You can prepare the copy and provide a -- prepare the draft order with Mr. Brydon's consent and file it with the clerk. That way you can provide a copy to your client.

MR. BRYDON:  Yes, sir. The other thing is Dr. Clemmey's fees as a witness. I'd ask that his fees as a witness be on the usual (inaudible) of fees

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provided by the Court.

THE COURT:   He's entitled to his expert witness fees.

MR. BRYDON:  Thank you, sir.


Certified to be a true and accurate transcript, pursuant to Rules 723 and 724 of the Supreme Court Rules of Court

Jane Romanowich,
Court Reporter

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