2010 QCCQ 12464, 2010 QCCQ 12464

R. c. Kaitak 2010 QCCQ 12464 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF ABITIBI TOWN OF SALLUIT “Criminal division” N°: 640-01-020579-109 DATE: December 21, 2010 ______________________________________________________________________ BY THE HONOURABLE CLAUDE BIGUÉ, J.C.Q. ______________________________________________________________________ THE QUEEN Plaintiff v.

POASIE KAITAK Accused ______________________________________________________________________ JUDGMENT ON SENTENCE (Orally rendered on November 18, 2010) ______________________________________________________________________ [ 1 ] The accused pleaded guilty to the following count: possession of cannabis for the purposes of trafficking, section 5(2)(3)

a) of the Controlled Drugs and Substances Act. FACTS: [ 2 ] Mr. Kaitak was arrested at his arrival at the airport of Salluit, coming from Montréal.

Information had been forwarded to the police that he was carrying a large amount of drugs. [ 3 ] He was detained for further investigation, then taken to the Salluit police station. [ 4 ] He collaborated with the police, rapidly gave a statement and consented to a baggage search. [ 5 ] The police found a quantity of 4269 grams of marijuana. - Aggravating factors: [ 6 ] The aggravating factors are: ➢ The large amount of marijuana; ➢ He brought these drugs to sell them in the small Inuit Community of Salluit, 1250 inhabitants. - Mitigating factors: [ 7 ] The mitigating factors are: ➢ The offender has no prior convictions in a similar matter: his record shows only one conviction, for assault. ➢ Mr.

Kaitak is young, only 21 years old; ➢ He has been detained since his arrest. During his preventive detention, his spouse gave birth to a baby; ➢ He is usually employed as a part-time truck driver by the Corporation of the Northern Village of Salluit; ➢ He collaborated with the police and pleaded guilty at the first possible opportunity. Thereby, he avoided a long trial and a possible motion alleging unreasonable search and seizure and arbitrary detention (section 8 and 9 of the Chart); ➢ He will recover his job if kept in the community; ➢ He has the support of his family and of the community.

- Decision on sentence: [ 8 ] The Tribunal receives a joint submission for a period of 2 years less one day of detention to be served in the community. The actual time to be served will be 20 months. [ 9 ] This period of detention is not unreasonable under the circumstances. [ 10 ] The Tribunal gives priority to

section 718.2

e) of the Criminal Code , and to the R. v. Gladue [1] decision . A conditional sentence order is an available sanction other than imprisonment, that is reasonable in the circumstances and that gives particular attention to Aboriginal offenders. In this case, a conditional sentence order meets the conditions stated in

section 742.1 of the Criminal Code, and also the principles noted in the R. v. Proulx [2] decision. [ 11 ] Ordering a sentence to be served in the community aims to rehabilitate the offender. The length of 2 years less one day has the objective to denounce the unlawful conduct, and to deter the offender and other persons from committing offences. [ 12 ] The offender being an Inuk, the prohibition order to possess firearms will be lifted for the purposes of sustenance hunting (s. 113).

This is subject to the competent authority’s authorization, in accordance which such terms and conditions considered appropriate. [ 13 ] FOR THESE REASONS, THE COURT: [ 14 ] SENTENCES the offender to 2 years less one day of detention to be served in the community. [ 15 ] CONSIDERING the preventive detention period of 4 months, the time to be served is 20 months starting on November 18, 2010. [ 16 ] ORDERS that the offender be on house arrest for 10 months, and for the remainder of the conditional sentence, that a curfew apply from 10 p.m. to 6 a.m. [ 17 ] ORDERS that the accused submit to all the conditions listed in the Court record, already signed by the offender. [ 18 ] ORDERS a probation order for a period of 12 months, starting at the end of the conditional sentence order, and ORDERS that the offender comply with the conditions listed in the probation order. [ 19 ] PROHIBITS the offender, under

section 109 of the Criminal Code , from possessing any firearm, other than a prohibited firearm or restricted firearm, and any crossbow, restricted weapon, ammunition and explosive substance, for a period of 10 years. [ 20 ] PROHIBITS the offender from possessing any prohibited firearm, restricted firearm, prohibited weapon, prohibited device and prohibited ammunition, for life. [ 21 ] GRANTS the application to lift the prohibition order for the purposes of sustenance hunting, pursuant to section 113(1)

a) of the Criminal Code . [ 22 ] NO victim surcharge will be imposed. [ 23 ] ORDERS that the drugs be forfeited and disposed of, according to the Law. __________________________________ CLAUDE BIGUÉ, J.C.Q. Me Lyly-Anne Ratelle For the plaintiff Me Jacques Stuart For the defendant Date of hearing: November 18, 2010