R. v. Ezekiel, 2018 NUCJ 26

Nunavunmi Maligaliuqtiit NUNAVUT COURT OF JUSTICE Cour de justice du Nunavut Citation: R. v. Ezekiel, 2018 NUCJ 26 Date: 20180920 Docket: 03-18-119; 03-15-134 Registry: Iqaluit Crown: Her Majesty the Queen -and- Accused: Timothy Ezekiel ________________________________________________________________________ Before: The Honourable Mr.

Justice Gregory Mulligan Counsel (Crown): Martin Tooke Counsel (Accused): Marie-Josee LaFleur Location Heard: Iqaluit, Nunavut Date Heard: September 18 & 20, 2018 Matters: Sentence for charges under sections 129 (a), 145(3) , 264.1(1) (a), 266 , 267 (b), 279(2) , 430(4) , and 733.1(1) of the Criminal Code , RSC 1985, c C-46. REASONS FOR SENTENCE (Delivered Orally) (NOTE: This document may have been edited for publication)

I. INTRODUCTION [ 1 ] I will now pronounce my sentence. [ 2 ] By way of overview, Timothy Ezekiel pleaded guilty to a number of counts before the court on Tuesday this week. [ 3 ] The Crown seek a penitentiary term of 819 days, before any pre-trial custody is calculated. The Defence submits that a fit sentence is two-years after pre-trial credit for time served. So, both Counsel submit that given the offences before the court, and Mr. Ezekiel’s criminal record, a penitentiary term is warranted in these circumstances. They are not far apart as to the global sentence. [ 4 ] As to pre-trial custody, Mr.

Ezekiel has spent 57 days in custody. I am advised that some of those days relate to this offence, but some relate to others, so the pre-trial credit ought to be a least 57 days, and perhaps more if he was custody prior to any other charges. II. THE OFFENCES BEFORE THE COURT ON FILE 03-18-119 [ 5 ] There are six counts on the Information. There are five counts that the Crown is proceeding with. Count 1 was an assault on Josie Sharkey contrary to Criminal Code , RSC 1985, c C-46, s. 266. Count 2 was an assault in Linda Simeonie contrary to s. 266 . Count 4 was resisting a peace office contrary to s. 129 (a).

Count 5 was breach of a probation order contrary to s. 733.1(1) , and Count 6 is an assault on Kopa Saila contrary to s. 266 . [ 6 ] These events occurred on July 13, 2018. III. THE OFFENCES BEFORE THE COURT ON FILE 03-18-134 [ 7 ] There are a number of counts. These events are said to have occurred in August 2018. [ 8 ] Count 2 was assault on Josie Saila contrary to s. 267 (b). Count 3 was threat to Josie Saila contrary to s. 264.1(1) (a). Count 4 was confinement of Josie Saila contrary to s. 279(2) . Count 5 breach of a recognizance regarding alcohol contrary to s. 145(3) .

Count 8 was breach of recognizance regarding contact with individuals contrary to s. 145(3) . Count 9 was breach of order to keep the peace contrary to s. 733.1(1) . Count 12 was breach by being in the presence of Josie Saila contrary to 145(3). And, Count 15 was breach for failure to appear contrary to s. 733.1(1) . IV. CIRCUMSTANCES OF THE OFFENCES [ 9 ] The Crown has read the facts and those facts have been admitted by the offender. A brief overview is warranted. [ 10 ] With respect to the events of July 13, 2018, the police were called and the victim was Josie Sharkey.

A window was broken and the victim was punched in the face more than once. As police arrived, Mr. Ezekiel fled, ignoring police commands to stop. He was eventually caught after a foot chase. He resisted arrest, but finally was lodged in a police vehicle by three police officers.

[ 11 ] With respect to the August events, Linda Simeonie was the subject of an unprovoked assault. She was struck in the face with such force that her glasses were broken. [ 12 ] Alcohol was involved in both events. And, the attack has been described as a drunken rampage. Also in August, the offender attacked the victim, Josie Saila, repeatedly and for hours. They had been drinking and he refused to let her leave. He threatened to kill her. Alcohol again was a factor. [ 13 ] Photos of the bruising of Josie Saila were filed as exhibits, showing her extensive bruising over several parts of her body. V.

CIRCUMSTANCES OF THE OFFENDER [ 14 ] Mr. Ezekiel is 27 years of age. He has a criminal record beginning in 2015 for assault, sexual interference, and breaches. He received a substantial reformatory term of imprisonment and probation for 18 months. In 2016, he was found guilty of two counts of assault and a failure to comply with a probation order. He received a further reformatory sentence and two years’ probation. He was on probation when these offences before the court occurred. [ 15 ] Mr.

Ezekiel grew up in Cape Dorset, Nunavut, and seemed to have had good support from his parents, but turned to alcohol in his 20s, leading to arrest, convictions, and the counts now before the court. A. Mitigating Factors [ 16 ] Mr. Ezekiel pleaded guilty to these offences at a very early opportunity. The victims were not required to testify and relive these horrific experiences at the hands of an alcoholic on a rampage. These were vulnerable women. [ 17 ] A plea of guilty is certainly considered an expression of remorse. B. Aggravating Factors [ 18 ] Mr.

Ezekiel has a criminal record for assaults and breaching court orders. He has not learned any lessons during his prior reformatory sentences. The victims were vulnerable and defenceless victims who suffered serious injuries. VI. SENTENCING PRINCIPLES [ 19 ] The principles of sentencing are set out in s. 718 of the Criminal Code .

I can summarize those as follows: - First, to denounce unlawful conduct, - Second, to deter the offender and others, - Third, to separate offenders from society where necessary, - Fourth, to assist in the rehabilitation of offenders, - Fifth, to provide reparations for harm done, and - Sixth, to promote a sense of responsibility in offenders for the harm done.

[ 20 ] The Criminal Code at s. 718.2 (

e) further provides: “all available sanctions, other than imprisonment, that are reasonable in the circumstances, and assist with the harm done to the victims or to the community, should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders.” [ 21 ] Gladue principles need to be considered here and I am satisfied that the joint submission of Counsel as to the penitentiary term reflect the issue, given that dealing with such offenders is the daily fare of this court and the experienced lawyers appearing before us. VII.

DISPOSITION [ 22 ] When offenders are sent to the penitentiary, it is often important to make note that their first penitentiary term should be as short as reasonably possible given the circumstances. I am satisfied that a penitentiary term of two years plus a day remaining to be served is a measured response to the situation here, given Mr. Ezekiel’s criminal record and the harm done to individuals in this case. The sentence for each count is appended to this judgment (Appendix A). VIII.

ANCILLARY ORDERS [ 23 ] I now turn to the ancillary orders sought by the Crown. - There will be a DNA order, which is mandatory for these offences. - There will be a no contact order with the named individuals during any period of incarceration, with an exception for if the named individuals wish contact the offender, -

Section 110 weapons prohibition. Mr. Ezekiel can apply for a s. 113 exemption, - Weapons prohibition order to three years following his release, and - Victim fine surcharge of $200. [ 24 ] Further, there will be a stand-alone restitution order with respect to the damage to one individual through her glasses at a cost of $130. This is with respect to Kopa Saila. [ 25 ] All counts not mentioned above are stayed pursuant to Criminal Code s. 579. IV. CONCLUSION [ 26 ] Mr. Ezekiel, you have heard the sentence and I wish you good luck. I hope we do not see you in this court again.

It is not pleasant to give somebody a penitentiary term, but your record indicates that this is required. [ 27 ] I hope you will get some treatment and assistance there in terms of programming and that we will not see you in this court of difficulty again. [ 28 ] Thank you, sir.

Dated at the City of Iqaluit this 20th day of September, 2018 ___________________ Justice G. Mulligan Nunavut Court of Justice APPENDIX A File: 03-18-119 Consecutive : - Count 1: 120 days - Count 2: 120 days - Count 4: 30 days - Count 6” 150 days Concurrent : - Count 5: 30 days Total: 14 months File: 03-18-134 Consecutive: - Count 2: 151 days - Count 3: 30 days - Count 4: 60 days - Count 5: 30 days - Count 15: 30 days Concurrent: - Count 5: 30 days - Count 8: 30 days - Count 9: 30 days - Count 12: 30 days Total: 10 months plus one day Combined total: 24 months plus one day