Her Majesty the Queen - v. -, 2017 SKPC 055

IN THE PROVINCIAL COURT OF SASKATCHEWAN Citation: 2017 SKPC 055 Date: June 22, 2017 Information: 24391512, 24538588 & 24547993 Location: Prince Albert _____________________________________________________________________________ Between: Her Majesty the Queen - and - Calvin Morin Appearing: Ms. Catherine Gagnon For the Crown Ms. Tumi Odele For the Offender SENTENCING DECISION S.D. SCHIEFNER, J INTRODUCTION [ 1 ] Mr. Calvin Morin has pled guilty to the following offences: Information No. 24391512: On or about January 21, 2010 at Shell Lake, Saskatchewan, he did operate a motor vehicle while disqualified from doing so, contrary to section 259(4) of the Criminal Code ;

Ticket No. 7781578: On or about January 31, 2014 at Debden, Saskatchewan, he did have, give, keep or consume alcohol in a motor vehicle contrary to section 109(1) of The Alcohol and Gaming Regulation Act, 1997 ; Information No. 24538588: On or about February 6, 2014 at or near Debden, in the Province of Saskatchewan, he did, while his ability to operate a motor vehicle was impaired by alcohol, have care and control of a motor vehicle contrary to section 253(1) (

a) of the Criminal Code ; Ticket No. 7695357: On February 6, 2014 at or near Debden, Saskatchewan, he did fail to sufficiently mark an obstruction contrary to section 209(3) (

e) of The Traffic Safety Act ; Information No. 24547993: On or about August 5, 2014 at Shellbrook, Saskatchewan, he did fail, without lawful excuse to attend court contrary to section 145(2) (

b) of the Criminal Code . [ 2 ] Prior to sentencing, Mr. Morin applied for a curative discharge pursuant to s. 255(5) of the Criminal Code with respect to the charge of impaired driving, which application was opposed by the Crown. A curative discharge hearing was conducted on March 16, 2017, and April 7, 2017. It is noted that Mr. Morin’s application for a curative discharge only affects the charge of impaired driving and he awaits sentencing on all other matters, including the charge of driving while disqualified. [ 3 ] The issues I must decide are: 1.

The appropriate sentence to impose with respect to Information No. 24391512 (Mr. Morin’s 18 th driving while disqualified conviction); and 2. Whether or not Mr. Morin should be granted a curative discharge with respect to Information No. 24538588 (Mr. Morin’s 10 th impaired driving conviction); and 3. The appropriate sentence with respect to the remaining matters. THE FACTS [ 4 ] By agreement, the facts surrounding the offences were read in to the record by the Crown and were not in dispute. Information No. 24391512 – Operating a Motor Vehicle While Disqualified [ 5 ] On January 21, 2010, Mr.

Morin was operating a water truck in a rural area near Shell Lake, Saskatchewan. He had two passengers in the vehicle with him. Mr. Morin’s vehicle was observed by Constable Charabin of the RCMP, who initiated a traffic stop. When asked for his driver’s licence, Mr. Morin candidly admitted to the officer that he did not have one. While speaking with Mr. Morin, the officer observed an open bottle of alcohol in the vehicle and the smell of alcohol. During his interaction with the officer, Mr. Morin admitted to having consumed alcohol prior to driving.

However, subsequent breath samples indicated that the concentration of alcohol in Mr. Morin’s blood had not exceeded the prescribed limit. On November 10, 2015, Mr. Morin pled guilty to the charge of driving while disqualified. However, sentencing was delayed pending the preparation of a pre-sentence report and an anticipated application for a curative discharge on Information 24538588. [ 6 ] Mr. Morin’s most recent prior convictions for driving while disqualified occurred on July 14, 2005, when he was convicted

of two counts (his 16 th and 17 th convictions). The same day a conviction was also entered for impaired care and control of a motor vehicle (his 9 th conviction for an impaired driving offence). Mr. Morin was sentenced to 18 months in custody followed by four months of probation (on each count concurrent to each other). It should be noted that these convictions were entered less than two months after convictions were entered for Mr. Morin’s 15 th charge of driving while disqualified and his 8 th impaired driving offence.

Ticket No. 7781578 – Having, Keeping or Consuming Alcohol in a Motor Vehicle [ 7 ] On January 31, 2014, Mr. Morin was charged with a violation of s. 109(1) of The Alcohol and Gaming Regulation Act, 1997 . Mr. Morin pled guilty but sentencing was delayed. The indicated voluntary payment for this offence is $360.00. Ticket No. 7695357 – Failing to Sufficiently Mark and Obstruction [ 8 ] On February 6, 2014, Mr. Morin was charged with a violation of s. 209(3) (

c) of The Traffic Safety Act, SS 2004, c T-18.1. Mr. Morin pled guilty but sentencing was delayed. The indicated voluntary payment for this offence is $125.00. Information No. 24547993 – Failing to Attend Court [ 9 ] Mr. Morin was charged with failing to appear in Shellbrook Provincial Court on August 5, 2014, contrary to s. 145(2) (

b) of the Criminal Code . Mr. Morin pled guilty but sentencing was delayed. Information No. 24538588 – Impaired driving [ 10 ] On February 6, 2014, the RCMP received a complaint regarding a person passed out in a motor vehicle near Debden, Saskatchewan. When a member investigated, he discovered Mr. Morin sleeping in the driver’s seat of a motor vehicle on a rural road (Highway 2119) approximately five kilometers south of Debden. Mr. Morin was alone in the vehicle. The officer observed that the motor vehicle was parked on the side of the road but still partially blocking a driving lane.

The vehicle’s flashing lights had been activated. While the engine was still running, the vehicle was stopped because one of the vehicle’s tires had become dislodged from the rim. The vehicle was still operable and the officer observed that it had been driven for a period of time on the bare rim. [ 11 ] The officer woke Mr. Morin and arrested him for impaired care and control. In doing so, the officer observed that Mr. Morin had difficulty communicating, walking or supporting his own weight when he exited his vehicle. He was unable to walk to the police vehicle without the support of the officer.

During this period, Mr. Morin was neither polite nor cooperative with the officer and displayed aggressive behaviours while in the police vehicle. For safety reasons, the officer declined to seek breath samples from Mr. Morin, who was lodged in cells, charged with impaired care and control, and released the next day when he was sober. [ 12 ] Mr. Morin informed the author of the pre-sentence report that the incident on February 6, 2014, occurred following a poor decision he made to spend time with two of his old “drinking buddies”, Dennis and Floyd.

The three men began consuming alcohol on the Big River First Nation and then they decided to drive to a bar at Shell Lake. While at this bar, Mr. Morin reports that he drank until he blacked out and has no memory until he was awoken by the RCMP officer who arrested him. MR. MORIN’S PERSONAL CIRCUMSTANCES [ 13 ] Mr. Morin’s personal circumstances were documented in a Pre-Sentence Report prepared by Patrick Ince, Probation Officer, on January 12, 2016. The circumstances set forth in Mr. Ince’s report were relied upon by the defence and not disputed by the Crown.

[ 14 ] Mr. Morin is a 50 year old Aboriginal male. He is a Status Indian residing in the Big River First Nation (Big River). Mr. Morin was born to Yvonne and Alec Morin and was raised by his parents, together with three brothers at Big River. Mr. Morin recalls his parents were employed throughout his childhood. Tragically, his father passed away when Mr. Morin was nine years old as a result of a car accident. The passing of Alec Morin was a significant event for the entire family. [ 15 ] Despite the untimely passing of his father, Mr.

Morin reports that his mother did an excellent job of raising him, providing for him and his brothers, and ensuring the family remained close-knit. In terms of Gladue factors, Mr. Morin reports that his life was not profoundly impacted in a negative way because of his ethnicity. He describes his experience growing up at Big River as a positive experience absent from any form of abuse, alcoholism or violence in the family. Mr. Morin reports that there was no serious financial problems growing up and that he and his brother all attended school.

On the other hand, I do take judicial notice of the limited employment options available for residents of the Big River First Nation. I also note that the educational outcomes achieved by Mr. Morin are modest and likely further impeded his employment options, both on and off his reserve. [ 16 ] Mr. Morin reports that he has been sober for approximately the past two and half years. His sobriety was supported and confirmed by Ms. Bernice Rabbitskin, a friend and partner; Ms. Gloria Rainey, Mr. Morin’s addition worker at the Big River First Nation in 2015; and Mr.

John Angus, his current addition worker. [ 17 ] In terms of treatment, Mr. Morin attended in-patient treatment programs in 1992 and 1996. However, his subsequent criminal record would clearly indicate that this treatment was wholly unsuccessful. [ 18 ] More recently, Mr. Morin completed an inpatient treatment program at the Metis Additions Council of Saskatchewan (MACSI) in June of 2015. Upon completing this program, Mr. Morin began working with and reporting to addiction workers at Big River and has continued to do so. Mr. Morin initially worked with Ms. Gloria Rainey, who reported on September 15, 2015 that Mr.

Morin had remained sober, and had participated in sweats, cultural ceremonies, and healing circles. Mr. Rainey also confirmed that Mr. Morin attended AA meetings while he was under her care and appeared to her to be motivated to maintain his sobriety. [ 19 ] Mr. Morin began working with and reporting to Mr. John Angus in December of 2015. Mr. Angus testified on behalf of Mr. Morin and reported that Mr. Morin has maintained his sobriety, that he has attended all his appointments with Mr. Angus, and that, in Mr. Angus’s opinion, he appears motivated to maintain his sobriety. Mr. Angus also reports that Mr.

Morin has been participating in sweats, cultural ceremonies, and healing circles. [ 20 ] Mr. Morin is now working as a mechanic at Big River; a position he has held for approximately two and half years. It should be noted that on May 12, 2016, the Chief and council of the Big River First Nation attended Court and communicated their support for Mr. Morin’s application for a curative discharge. MR. MORIN’S CRIMINAL RECORD [ 21 ] Mr. Morin’s criminal record is attached as Appendix A. [ 22 ] Mr. Morin’s criminal record for driving offences is startling.

He has nine prior convictions for impaired driving, 17 prior convictions for driving while disqualified, and 46 prior convictions for other offences. It is noted that these offences began in December of 1985 and Mr. Morin’s offending continued largely unabated for the next 20 years interrupted only by concomitant periods of incarceration. [ 23 ] Mr. Morin’s last driving offences occurred in July of 2005 – impaired care and control and driving while disqualified. Mr. Morin’s last offence of any kind occurred in February of 2009 – failing to comply with an undertaking. Simply put, Mr.

Morin comes before this court with a long and troubling record of criminal misconduct concluding in 2009. MR. ANGUS’S TESTIMONY AND THE PROPOSED TREATMENT PLAN [ 24 ] Mr. John Angus was qualified by consent to give opinion evidence in the area of alcohol addiction. Mr. Angus has worked as

an addiction counselor for over 17 years, mostly in the provincial correctional system. Mr. Angus has worked as the addiction counselor at Big River First Nation since December of 2015, talking over for Gloria Rainey. While Mr. Angus has no formal training as an addiction counselor, his many years of experience working with individuals suffering from additions has provided the foundation for his expertise. On the other hand, because of the limited nature of his qualifications, I must exercise a degree of caution in assigning weight to the opinions provided by Mr. Angus.

While I have no doubt as to his sincerity, his honesty or his work experience, I am mindful that there are limits to his expertise. [ 25 ] Mr. Angus was approached by the offender almost immediately after Mr. Angus began working as the addiction counselor at Big River. Since that time, Mr. Morin has consistently attended his scheduled appointments with him. Mr. Angus stated his belief that Mr. Morin is an alcoholic and that his role has been to support Mr. Morin’s sobriety. To do so, Mr. Angus has been taking Mr. Morin to cultural and ceremonial events at the Big River First Nation. Mr. Angus’s plan for Mr.

Morin is largely spiritually-based. Simply put, Mr. Angus wishes to reintroduce Mr. Morin to his cultural heritage and, by doing so, work with Mr. Morin to help him build his internal capacity to maintain his sobriety. While Mr. Angus supports the use of Alcoholics Anonymous and other treatment regimes, his work as an addiction counselor focuses on traditional teachings and cultural ceremonies as the vehicle to teach individuals how to self-regulate. [ 26 ] Mr. Angus stated his belief that Mr. Morin will need to be under the supervision of an addiction counselor for two years. Based on Mr.

Angus’s experience with individuals suffering from addictions, he believes that, as long as Mr. Morin stays under supervision, he will be at a low risk of relapse (drinking again). Furthermore, Mr. Angus stated his belief that, if Mr. Morin stays under the supervision of an addictions councilor for another two years, his chances of long-term sobriety are in the range of 65%. [ 27 ] Mr. Morin testified in support of his application for a curative discharge. Simply put, Mr. Morin states he stopped drinking “cold turkey” two and half years ago.

Since that time, he has completed an in-patient treatment program at MACSI and has consistently reported to an addiction counselor at Big River First Nation. Mr. Morin stated he fears hurting someone if he does not maintain his sobriety and has attributed his motivation for change to his children, who have been living with him for about one year now. For the past few years, Mr. Morin has been attending AA meetings in a local community and has regularly attended meetings with the addiction counselor at Big River First Nation. Mr. Morin acknowledged that, without someone like Ms. Rainey or Mr.

Angus (i.e. an addiction counselor), maintaining his sobriety would be difficult. He indicated his willingness to continue under supervision for as long as necessary and to take any treatment program recommended to him. [ 28 ] In cross-examination, Mr. Morin acknowledged his numerous prior convictions for driving offences. He also acknowledged the progressively longer penal sentences he received concomitant with his repeated offending.

ANALYSIS AND SENTENCE WITH RESPECT TO DRIVING WHILE DISQUALIFIED [ 29 ] Under s. 255(5) of the Criminal Code , a curative discharge is not available for the charge of driving while disqualified, nor is one sought by Mr. Morin. Based largely on Mr. Morin’s prior convictions and comity with prior sentences, the Crown seeks a sentence involving a period of incarceration in the range of 24 to 36 months. Based largely on Mr. Morin’s proposed treatment plan and the gap(

s) in his offending, the defence askes this court to impose a community-based disposition. Both the Crown and defence filed numerous cases in support of their respective positions. [ 30 ] In light of the number of prior convictions for the same offence, there is no doubt that denunciation, deterrence and public safety must be important factors in a fair and just sentence. On the other hand, while this is Mr. Morin’s 18 th conviction for driving while disqualified (an astonishingly high number), all of his prior convictions occurred between December of 1985 and July of 2005.

In other words, there has been a gap between Mr. Morin’s last offence of this nature and the matters currently before the Court. [ 31 ] This offence occurred over seven years ago. In the interim, Mr. Morin has pursued sobriety; albeit, he has not been entirely successful. Mr. Morin was discovered with open liquor in a motor vehicle on January 14, 2014. Then on February 6, 2014, Mr. Morin was found passed out behind the wheel of a disabled but operable motor vehicle. These represent two significant slips in Mr. Morin’s sobriety since 2010. While there can be no doubt that Mr.

Morin was unsuccessful in living a sober life in January and February of 2014, it is apparent there has been a change in his prior pattern of offending. [ 32 ] For example, it has been over three years since Mr. Morin’s last offence. In addition, there is compelling evidence before the court that Mr. Morin has been sober for at least the last two years. During this period, Mr. Morin has been reintegrated into the Big River First Nation. He is working, he is supporting his family, and he has acquired the support of the Chief and band councilors.

[33] In the text, Sentencing, 7th ed. (Markham: LexisNexis Canada Inc., 2008) at para. 8.83, the author, Clayton C. Ruby, refers towhat he calls the “gap principle" and states: § 8.83 Since both sentencing and crime are human endeavours, it is natural for the courts to give credit to someone who has made anhonest effort to avoid conflict with the criminal law.

In the nature of things, an effort such as this will not always be completelysuccessful, but if a substantial period of time passes without convictions, this is often a matter which will be taken into consideration. [34] The gap principle has been accepted by courts in Saskatchewan. See: R v Littlecrow, 2011 SKQB 393 , 384 Sask R289, at para 21. See also: R v McHale, 2015 SKQB 344 at para 16. Essentially, the gap principle recognizes that the courts may givecredit to someone who has made an honest effort to avoid conflict with the law; provided the gap is not simply a product of the non-detection.

A trouble-free period supports the assertion that an accused has made a change in his/her life and, as a result, the publicrequires less protection from that person. [35] In my opinion, the gap in Mr. Morin’s offending and the efforts he has made to address the underlying cause of his offending– alcohol – are the result of an honest effort on his part to change his behavior and to avoid conflicts with the law. Alcohol has been thedominant factor in Mr. Morin’s past offending. However, he now has a plan to support his sobriety. Mr.

Morin has stopped associatingwith old drinking buddies, is attending AA meetings, and, with the assistance of Mr. Angus, is exploring his cultural heritage as a meansto support his sobriety. [36] In all the circumstances, I am satisfied that the sentencing goals as outlined by the Criminal Code - including denunciation,deterrence and public safety, together with rehabilitation - can be met through the imposition of a conditional sentence of 18 months. Mr.Morin is hereby sentenced to 18 months in jail. However, I am allowing him to serve this sentence in the community on a ConditionalSentence Order.

In making this determination, I am satisfied that something has changed in his life and that he has successfully beganaddressing the underlying cause of his offending, namely alcohol. Because of these changes, I am satisfied that he can safely serve hissentence in the community upon the following conditions: 1. Keep the peace and be of good behaviour. 2. Appear before the Court when required to do so. 3. Report to a supervisor within two (2) days of today’s date and thereafter as directed by the Conditional Sentence Supervisor ordelegate. 4.

Remain within the jurisdiction of the Court unless written permission to go outside the jurisdiction is obtained from the Court orsupervisor. 5. Notify the supervisor in advance of any change in the offender’s name or address. 6. Promptly notify the supervisor of any change of the offender’s employment or occupation. 7. He shall reside at a residence approved by his supervisor and he cannot change that residence without the prior writtenpermission of his supervisor or the Court. 8. He shall not possess, have, keep or consume alcohol or drugs that have not been prescribed by a medical doctor. 9.

He shall not enter any premises where the primary purpose is the sale or consumption of alcohol, such as bars and liquor stores.

10. He shall report to the addiction counselor at the Big River First Nation and shall keep all scheduled appointments with his counselor. 11. He shall participate in Alcoholic Anonymous meetings as directed by his supervisor or counselor and shall find a permanent sponsor. 12. He shall provide evidence of his attendance at scheduled appointments with the addiction counselor to his supervisor. 13.

He shall participate in an assessment and complete programming for addictions, which may include in-patient and out-patient treatment, as told to do so by his supervisor. [ 37 ] With respect to Information 24391512, I impose a victim surcharge in the amount of $200.00. THE LAW WITH RESPECT TO CURATIVE DISCHARGES [ 38 ] The authority to grant a curative discharge finds its genesis in s. 255(5) of the Criminal Code . In order to grant a curative discharge, the Court must be satisfied, on the balance of probabilities, that both of the following criteria have been met: 1.

That the offender is in need of curative treatment in relation to his or her consumption of alcohol or drugs. 2. That a curative discharge would not be contrary to the public interest. [ 39 ] The leading authority with respect to the granting of a curative discharge and the factors to be considered by the Court in R v Ahenakew , 2005 SKCA 93 , [2006] WWR 27. While not an exhaustive list, the following considerations bear heavily on the decision as to whether or not a curative discharge ought to be granted: 1.

The circumstances of the offence and whether the offender was involved in an accident which caused death or serious bodily harm. 2. The motivation of the offender as an indication of probable benefit from treatment, including the bona fides of the offender. 3. The availability and calibre of proposed treatment facilities. 4. The probability that the course of treatment will be successful and the offender will never again drive while impaired. 5. The criminal record of the offender. ANALYSIS WITH RESPECT TO MR. MORIN’S APPLICATION [ 40 ] There is no dispute that Mr. Morin requires curative treatment.

He is an alcoholic. Ms. Rabbitskin informed the author of the pre-sentence report that Mr. Morin becomes impatient, agitated and mean-spirited when he consumes alcohol. The consumption of alcohol has been the dominant factor in his pattern of offending. When Mr. Morin drinks, he drinks to the point of blacking out and has shown little regard for the wellbeing or safety of others. [ 41 ] The Crown opposed Mr. Morin’s application for a number of reasons, which can be summarized as following; 1) the Crown doubts the sincerity of Mr.

Morin’s willingness to receive treatment and his long-term capacity to maintain his sobriety; and 2) the Crown believes that all of the treatment Mr. Morin is likely to receive in the community could be better delivered in a correctional institute.

[ 42 ] There is merit to the concerns expressed by the Crown. First, Mr. Morin’s testimony as to his need for treatment was underwhelming, which was the genesis of the Crown’s concern regarding the bona fides of Mr. Morin’s motivation. On the other hand, all of Mr. Morin’s testimony was underwhelming. Simply put, he presented as a soft spoken and quiet individual. I am cautious not to read too much into the manner in which he testified. He was clear about a few important matters. He is aware that alcohol was at the root of his offending and that he knows he needs help to maintain his sobriety.

He stated he feared that someone would get hurt if he didn’t stop drinking. He stated his desire to maintain his sobriety and his belief that Mr. Angus is an essential part of his sobriety, at least for the time being. [ 43 ] Second, there is little doubt that the treatment plan devised by Mr. Angus for Mr. Morin is vague, at least from a medical perspective. Mr. Angus has no formal training in addictions and his treatment plan is based on Aboriginal traditions not cognitive science. On the other hand, Mr. Angus has worked for many years as an addiction counselor and he believes his plan is appropriate for Mr.

Morin. Mr. Morin is an Aboriginal offender and Mr. Angus has developed a treatment plan based on First Nation traditions. If Mr. Angus is correct as to Mr. Morin’s probability of relapse both while he is under supervision and after treatment has concluded, the anticipated outcomes are consistent with other addiction treatment regimes. [ 44 ] However, in my opinion, the most significant factor weighing in Mr. Morin’s favour is the gaps in his offending. It is obvious to me that something has changed in Mr. Morin’s life and, in particular, his struggle with alcohol. While Mr.

Morin may not have the vocabulary to articulate the substance and scope of that change, I am satisfied that a change has occurred. Mr. Angus attributes the change to Mr. Morin’s decision to walk the “red road” (to learn about his ancestry and to engage in ceremonial activities). Whatever the genesis may be, I am satisfied, on a balance of probabilities, that Mr. Morin is motivated to continue with his treatment and that the proposed treatment plan has a reasonable prospect for success.

Certainly, it is not apparent that another period of incarceration is likely to achieve a more positive outcome with respect to Mr. Morin’s sobriety than that proposed by Mr. Angus – particularly so in light of Mr. Angus’s success with Mr. Morin over the past 18 months. [ 45 ] Based on the evidence adduced at the sentencing hearing, I am satisfied on a balance of probabilities that Mr. Morin is in need of curative treatment and that it is in his best interests and not contrary to the public interest that he be discharged. Mr.

Morin is accordingly granted a curative discharge, and placed on probation for a period of two years, on the following conditions: 1. That he keep the peace and be of good behaviour; 2. That he appear before the Court when required to do so by the Court; 3. That he notify the Court or probation officer in advance of any change of name or address and promptly notify the court or probation officer of any change in employment or occupation; 4.

That he report to a probation officer in Prince Albert, Saskatchewan and that he do so within two days of today’s date, and after that as told to do so by the probation officer or designate; 5. That he not possess or consume alcohol or drugs that have not been prescribed for him by a medical doctor and that he not enter or be in any place in which the main purpose is the sale of alcohol, such as bars or liquor stores; 6. That he report to the addiction counselor, Mr. John Angus at Big River First Nation or designate, and that he keep all scheduled appointments; 7.

That he shall participate in cultural ceremonies and activities as directed by Mr. Angus or his designate; 8. That he shall participate in an assessment and complete programming for addictions, which may include in-patient and out-patient treatment, as told to do so by the probation officer; 9. That he shall participate in Alcoholics Anonymous meetings as directed by his probation officer, including finding a permanent sponsor;

10. That he shall provide evidence of his attendance at all treatment to his probation officer on the request of his probation officer. [ 46 ] If Mr. Morin breaches the conditions I have imposed, this discharge may be revoked, and this court may enter a conviction for the offence of impaired driving and impose any sentence that could have been imposed had he been convicted rather than discharged, as provided for by s. 730(4) of the Criminal Code . [ 47 ] Finally, I impose a victim surcharge in the amount of $200.00.

DISPOSITION OF OTHER MATTERS BEFORE THE COURT [ 48 ] With respect to Information 24547993 – failing to attend court on August 4, 2014, I impose a fine in the amount of $250.00 together with a victims surcharge in the amount of $75.00. [ 49 ] With respect to the ticket 7781578 – having, keeping or consuming liquor in a vehicle, I impose a fine in the amount of $360.00, inclusive of surcharge. [ 50 ] With respect to the ticket 7695357 – failing to sufficient mark an obstruction, I impose a fine in the amount of $125.00, inclusive of surcharge. [ 51 ] All fines and surcharges imposed this date shall be payable on or before December 31, 2017.

In this regard, I calculate the total fines and surcharges imposed this date to be $1,210.00. [ 52 ] Lastly, pursuant to s. 259 of the Criminal Code , I prohibit Mr. Morin from operating a motor vehicle on any street, road or other public place for a period of three years, commencing immediately. Dated this 22nd day of June, A.D. 2017, at the City of Prince Albert, in the Province of Saskatchewan. __________________________ S.D. SCHIEFNER, J APPENDIX A FPS: 986611B MORIN, CALVIN MICHAEL MORIN, CALVIN

*CRIMINAL CONVICTIONS CONDITIONAL AND ABSOLUTE DISCHARGES AND RELATED INFORMATION 1985-03-12 PRINCE ALBERT SASK

(1) BE & COMMIT SEC 306(1)(

B) CC (2 CHGS)

(2) FAIL TO ATTEND COURT SEC 133(2) CC

(1) SUSP SENT PLUS PROBATION FOR 18 MOS & $500 RESTITUTION ON BOTH CHGS (2) $200 I-D 30 DAYS 1985-12-11 DEBDEN SASK

(1) DRIVE WITH MORE THAN 80 MGS OF ALCOHOL IN BLOOD SEC 236 CC (2)BREACH OF PROBATION SEC 666(1) CC (1) $300 I-D 30 DAYS (2) $100 I-D 10 DAYS 1986-02-05 DEBDEN SASK

(1) DRIVE WHILE DISQUALIFIED SEC 242(4) CC (2)FAIL TO COMPLY WITH PROBATION ORDER SEC 666(1) CC (RCMP BIG RIVER SASK) (1) $500 I-D 25 DAYS (2) $350 I-D 15 DAYS CONSEC 1986-03-26 DEBDEN SASK

(1) DRIVE WHILE DISQUALIFIED SEC 242(2) CC

(2) BREACH OF PROBATION SEC 666(1) CC (RCMP PRINCE ALBERT) (1) $550 I-D 30 DAYS (2) $350 I-D 15 DAYS 1988-01-25 PRINCE ALBERT SASK DRIVE WITH MORE THAN 80 MGS OF ALCOHOL IN BLOOD SEC 237(

B) CC (PRINCE ALBERT CITY PD 1058- 88) $800 I-D 80 DAYS 1988-03-21 SASKATOON SASK

(1) DRIVE WITH MORE THAN 80 MGS OF ALCOHOL IN BLOOD SEC 237(

B) CC

(2) FAIL TO APPEAR SEC 133(5) CC (SASKATOON PD 42399) (1) $400 I-D 15 DAYS PROH DRI 3 MOS (2) $150 I-D 7 DAYS 1988-06-22 DEBDEN SASK DRIVING WHILE DISQUALIFIED SEC 242(4) CC (RCMP BIG RIVER 88-0532) $500 I-D 25 DAYS 1988-06-27 TABER ALTA THEFT UNDER $1000 SEC 294(

B) CC (RCMP TABER 88-0577) $250 I-D 25 DAYS

1989-05-08 PRINCE ALBERT SASK

(1) DRIVING WHILE DISQUALIFIED SEC 259(4) CC

(2) OBSTRUCT PEACE OFFICER SEC 129(

A) CC (PRINCE ALBERT PD 1383-89) (1) 60 DAYS (2) 30 DAYS CONC 1989-10-03 PRINCE ALBERT SASK

(1) DRIVING WITH MORE THAN 80 MGS OF ALCOHOL IN BLOOD SEC 253(

B) CC

(2) DRIVING WHILE DISQUALIFIED SEC 259(4) CC (RCMP BIG RIVER 89-0909) (1) 4 MOS (2) 1 MOS & SURCHARGE $35 1989-11-30 ST PAUL ALTA MISCHIEF SEC 430(4) CC (RCMP ST PAUL) 7 DAYS & SURCHARGE $10 I-D 2 DAYS 1990-02-14 DEBDEN SASK DRIVING WHILE DISQUALIFIED SEC 259(4) CC (RCMP PRINCE ALBERT 90-0419) 3 MOS & SURCHARGE $10 1990-04-17 PRINCE ALBERT SASK

(1) PUBLIC MISCHIEF SEC 140(1)(

A) CC

(2) DRIVING WITH MORE THAN 80 MGS OF ALCOHOL IN BLOOD SEC 253(

B) CC

(3) DRIVING WHILE DISQUALIFIED SEC 259(4) CC (RCMP SHELLBROOK 0800) (1-2) 1 YR ON EACH CHG CONC (3) 6 MOS CONC 1991-04-15 PRINCE ALBERT SASK

(1) OBSTRUCTION SEC 129(

A) CC

(2) OBSTRUCTION SEC 129(

A) CC

(3) DRIVING WHILE DISQUALIFIED SEC 259(4) CC (PRINCE ALBERT CITY PD 1068- 91) (1) 1 MO CONSEC TO SENT SERVING (2-3) 6 MOS ON EACH CHG CONC 1991-12-11 PRINCE ALBERT SASK ASSAULT CBH SEC 267(1)(

B) CC (PRINCE ALBERT CITY PD 2159- 91) TIME SERVED & PROBATION 8 MOS

1992-12-24 PRINCE ALBERT SASK

(1) MISCHIEF UNDER $1000 SEC 430(4) CC

(2) OBSTRUCT PEACE OFFICER SEC 129(

A) CC

(3) FAIL TO COMPLY WITH PROBATION ORDER SEC 740(1) CC (2 CHGS)

(4) FAIL TO ATTEND COURT SEC 145(2)(

B) CC (RCMP BIG RIVER 92-0241) (1-2) 2 MOS ON EACH CHG CONSEC (3-4) 1 MO ON EACH CHG CONC & CONC 1994-10-14 PRINCE ALBERT SASK BE & COMMIT SEC 348(1)(

B) CC (PRINCE ALBERT PD 2489-94) 90 DAYS INTERMITTENT & SURCHARGE $35 I-D 1 DAY & PROBATION 18 MOS 1995-03-13 PRINCE ALBERT SASK

(1) THEFT SEC 334(

B) CC

(2) THEFT SEC 334(

B) CC (RCMP SPIRITWOOD 94-0505 94-0513) (1) 7 MOS (2) 3 MOS CONSEC 1995-03-17 PRINCE ALBERT SASK

(1) DRIVING WHILE DISQUALIFIED SEC 259(4) CC

(2) DRIVING WITH MORE THAN 80 MGS OF ALCOHOL IN BLOOD SEC 253(

B) CC

(3) DRIVING WHILE DISQUALIFIED SEC 259(4) CC (RCMP BIG RIVER 94-0305)

(4) OBSTRUCT PEACE OFFICER SEC 129(

A) CC (SASKATOON PS 42399) (1) 6 MOS (2-3) 7 MOS ON EACH CHG CONC BUT CONSEC & PROBATION 2 YRS & PROH DRI 2 YRS

(4) TIME SERVED (1 DAY) & PROBATION 2 YRS 1996-09-13 PRINCE ALBERT SASK

(1) DRIVING WHILE DISQUALIFIED SEC 259(4) CC

(2) OBSTRUCTION SEC 129(

A) CC

(3) FAIL TO COMPLY WITH PROBATION ORDER SEC 740 CC (RCMP BIG RIVER 96-1014) (1) 5 MOS & SURCHARGE $35 (2-3) 1 MO ON EACH CHG CONSEC & CONSEC & SURCHARGE $35 ON EACH CHG

1996-10-02 SASKATOON SASK

(1) OBSTRUCT PEACE OFFICER SEC 129(

A) CC

(2) DRIVING WHILE DISQUALIFIED SEC 259(4) CC (SASKATOON PS 42399) (1) 30 DAYS CONC WITH SENT SERVING (2) 75 DAYS CONSEC 1997-10-15 DEBDEN SASK MISCHIEF UNDER $5000 SEC 430(4) CC (RCMP BIG RIVER 97-0866) $1000 1998-07-02 PRINCE ALBERT SASK

(1) FAIL TO COMPLY WITH PROBATION ORDER SEC 733.1 CC

(2) FAIL TO APPEAR SEC 145(5) CC (RCMP BIG RIVER 98-0298) (1-2) 2 MOS ON EACH CHG CONC 1998-07-21 PRINCE ALBERT SASK OBSTRUCT PEACE OFFICER SEC 129(

A) CC (PRINCE ALBERT PS 98-1805) 2 MOS CONC WITH SENTENCE SERVING 2000-03-01 DEBDEN SASK ASSAULT WITH A WEAPON SEC 267 CC (RCMP BIG RIVER 0800) $450 2000-12-04 PRINCE ALBERT SASK

(1) DRIVING WITH MORE THAN 80 MGS OF ALCOHOL IN BLOOD SEC 253(

B) CC

(2) DRIVING WHILE DISQUALIFIED SEC 259(4) CC (RCMP PRINCE ALBERT 99-4544)

(3) DRIVING WHILE DISQUALIFIED SEC 259(4) CC

(4) FAIL TO ATTEND COURT SEC 145(2)(

B) CC

(5) FAIL TO APPEAR SEC 145(5) CC (RCMP BIG RIVER 99-1157)

(6) MISCHIEF OVER $5000 SEC 430(3) CC

(7) FAIL TO ATTEND COURT SEC 145(2)(

B) CC (PRINCE ALBERT PS 99-0639) (1-2) 18 MOS & PROH DRI 3 YRS ON EACH CHG (3) 18 MOS CONC & PROH DRI 3 YRS (4-5) 5 MOS ON EACH CHG CONC & CONC (6-7) 5 MOS ON EACH CHG CONC & CONC

2002-10-04 PRINCE ALBERT SASK

(1) ASSAULT WITH A WEAPON SEC 267(

A) CC

(2) ASSAULT SEC 266 CC (RCMP BIG RIVER 2002-1460, 2002-1475) (1-2) 3 MOS ON EACH CHG CONC (TIME SERVED – 13 DAYS) & PROBATION 18 MOS 2003-01-23 LA RONGE SASK

(1) ASSAULT SEC 266 CC

(2) FAIL TO COMPLY WITH PROBATION ORDER SEC 733.1 CC (RCMP LA RONGE 2003-0268) (1) 9 MOS (2) 4 MOS CONC & PROBATION 12 MOS 2004-04-15 BIG RIVER SASK

(1) FAIL TO COMPLY WITH PROBATION ORDER SEC 733.1(1) CC (3 CHGS)

(2) FAIL TO COMPLY WITH PROBATION ORDER SEC 733.1(1) CC

(3) FAIL TO COMPLY WITH PROBATION ORDER SEC 733.1(1) CC (RCMP BIG RIVER 2004-0548 2003- 1164 2004-0154)

(1) TIME SERVED (2) 6 MOS CONDITIONAL SENTENCE ORDER (3) 3 MOS CONDITIONAL SENTENCE ORDER CONSEC 2004-08-12 BIG RIVER SASK FAIL TO COMPLY WITH PROBATION ORDER SEC 733.1(1) CC (RCMP BIG RIVER 2004-1241) TIME SERVED (24 DAYS) 2005-05-18 ADULT COURT NORTH BATTLEFORD SASK

(1) DRIVING WITH MORE THAN 80 MGS OF ALCHOL IN BLOOD SEC 253(

B) CC

(2) FAIL TO COMPLY WITH UNDERTAKING SEC 145(3) CC

(3) DRIVING WHILE DISQUALIFIED SEC 259(4) CC (1051220802007312610) (RCMP BATTLEFORDS 2005- 174516) (1) 22 MO(S) & 20 DAY(S) & PROBATION 8 MO(S) & PROHIBITED DRIVING 2 YR(S) (2) 22 MO(S) & 20 DAY(

S) CONCURRENT (3) 22 MO(S) & 20 DAY(

S) CONCURRENT

2005-07-14 BIG RIVER SASK

(1) CARE OR CONTROL WHILE IMPAIRED SEC 253(

A) CC

(2) DRIVING WHILE DISQUALIFIED SEC 259(4) CC (2 CHGS) (RCMP BIG RIVER 2005-165916 2004-1917) (1-2) 18 MOS & PROBATION 4 MOS ON EACH CHG & PROH DRI 3 YRS CONSEC TO PREVIOUS SENTENCE 2005-05- 18 200832905 2008/01/10 CC 733.1(1) FAIL TO COMPLY PROBATION ORDER (ADULT) (24326891(2)) 2008/02/12 [S] [CUSTODY] 4 MO CONCURRENT/[PROBATION] 18 MO 200832905 2008/01/10 2008-02-12 BIG RIVER SASK CC 348(1)(

B) BREAKING, ENTERING AND COMMITTING – RESIDENCE (ADULT) (24326891(1))

(1) ASSAULT SEC 266 CC

(2) FAIL TO COMPLY WITH CONDITIONS OF UNDERTAKING GIVEN BY OFFICER IN CHARGE SEC 145(5.1) CC (RCMP BIG RIVER 2008-32905) 2008/02/12 [S] [CUSTODY] 4 MO CONCURRENT (CONVICTED OF ASSAULT)/[PROBATION] 18 MO (1-2) 4 MOS & PROBATION 18 MOS ON EACH CHG 2009134344 2009/02/07 CC 145(3) FAILURE TO COMPLY WITH CONDITION OF UNDERTAKING OR RECOGNIZANCE / DIRECTION IN REMAND ORDER (ADULT) (24366583(1)) 2009/04/14 [S] [CUSTODY] 7 D TIME SERVED