R. v. Hein, 2003 NWTSC 20

R. v. Hein, 2003 NWTSC 20 Date: 20030402 Docket: S-1-CR2002000086 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES IN THE MATTER OF: HER MAJESTY THE QUEEN - vs. - DAYL ELDON HEIN Transcript of the Oral Reasons for Sentence by The Honourable Mr. Justice A. M. Lutz, at Yellowknife in the Northwest Territories, on April 1st A.D., 2003. APPEARANCES: Mr. S. Niblock: Counsel for the Crown Mr. J.

Brydon: Counsel for the Accused Charge under s. 5(1) Controlled Drugs and Substances Act THE COURT: The accused has pleaded guilty to a charge that he, on or between the 14th day of March and the 16th day of March, 2002, at or near the city of Yellowknife in the Northwest Territories, did unlawfully traffic in a controlled substance, namely cocaine, contrary to Section 5(1) of the Controlled Drugs and Substances Act. In that respect, Crown counsel has recited certain facts which have been admitted by the accused through his counsel. They are, in

summary, as follows: That an undercover operator and an agent of the Royal Canadian Mounted Police on three occasions succeeded in purchasing cocaine from this accused. The first occasion on March the 14th, two grams for $260; on the 15th of March, two grams for $280; and on March 16th, one gram for $120. That is in

summary the facts that have been admitted by the accused through his counsel. One of the matters that one must take into consideration in sentencing under the Controlled Drugs and Substances Act is

Section 10 is that it is said that the fundamental purpose of any sentence for an offence under this

part is to contribute to the respect for the law and the maintenance of a just, peaceful and safe society while encouraging rehabilitation, and treatment in appropriate circumstances, of the offender and acknowledging the [Page 1] Harm done to victims and to the community. Section 10(2) (

b) indicates that an aggravating circumstance is that an accused has been previously convicted of a designated substance offence. Exhibit 1 in the proceedings bears that out. Mr. Rein does not have an enviable record. The Court is not a Court without compassion however, and I recognize that an addiction to narcotics is like an addiction to alcohol and other matters such as gambling and the like. In that vein, I take into consideration the eloquent address by Mr. Brydon on your behalf, Mr. Rein, and the things that he said, in that you, at age 35, are addicted.

You are addicted to cocaine and you have been for some time; that you have to support two children of your own and two by a woman you live with. You have made your point quite clear in your address to me that you are a bottom-feeder in the scheme of things. You are an easy target, as your counsel has said.

You supply to like persons so that one cannot point to your addiction being satisfied by selling, on the facts before me, to children or people who are more vulnerable than the same kind of person that you are; that you have, on occasion, assisted the local constabulary in their efforts to control the sale of narcotics in [Page 2] Yellowknife. Your guilty plea is of course something that the Court must take into consideration and give you some credit for.

Your counsel has asked that we delay your sentencing for a month and I'm prepared to do that, we will discuss that in a moment, but I don't think this is the time when I should be giving you a lecture of the evils of narcotics. You know, and you have known, and you are hooked and only you can extricate yourself from the morass that you find yourself in. Your record indicates that you went from lighter sentences for a like offence and then another one and then another one and so on and now you have reached the stage where you are hitting federal time by way of incarceration.

Crown counsel has very kindly, I must say, put to me that a sentence between 18 and 24 months is appropriate. Your own counsel has indicated, because I know that he knows, that that is an appropriate range but has asked that I impose a sentence at the lower end and I'm prepared to do so. So the sentence that I impose upon you is this: That you will serve two years less a day for this offence; that your sentencing will be delayed for one month from today. In the meantime, you will [Page 3] report once a week in person to the Royal Canadian Mounted Police detachment in Yellowknife.

You will consume no alcohol or nonprescription drugs. If you violate those terms, your sentence will begin immediately. Otherwise, your sentence will begin one month from today. And of course you are not to leave the jurisdiction. Do counsel wish to make any further submissions? MR. BRYDON: Just a clarification, that on the 1st of May that he merely goes to the correctional centre and turns himself in? THE COURT: Yes, thank you very much. MR. BRYDON: Thank you.

Perhaps, Your Honour, under the circumstances then, you should make a probation order commencing today for a period of let's say two months so as to bridge him into that so that the terms are there and the people at the correctional centre can then see what is happening. THE COURT: Any problem with that, Mr. Niblock? MR. NIBLOCK: That makes sense, sir, and I should have added that the conviction for this charge would bring into play

Section 109 of the Criminal Code , the firearms prohibition, sir. THE COURT: Yes, thank you. MR. BRYDON: That is a firearms prohibition [Page 4] for life given his previous convictions. THE COURT: Yes, thank you for that; I had forgotten that, Mr. Brydon, Mr. Niblock. Yes, Mr. Hem, you are prohibited from possessing any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition, and explosive substance for ten years. MR. BRYDON: Sorry, sir, it has to be life because of the previous convictions. THE COURT: For life. And as well, under

Section 114 of the Criminal Code , you are required to surrender to a peace officer, firearms officer, or chief firearms officer anything that is prohibited by the order that I just gave and every authorization, license, and registration certificate relating to any thing in your possession which is prohibited by the order that is held by you at this time. MR. BRYDON: One day surrender clause is all that is necessary in this case. THE COURT: Then a one day surrender clause. Anything further, gentlemen? MR. NIBLOCK: No, sir. MR.

BRYDON: No, sir. (AT WHICH TIME THE ORAL REASONS FOR SENTENCE CONCLUDED) [Page 5] Certified to be a true and accurate transcript pursuant to Rules 723 and 724 of the Supreme Court Rules. Lois Hewitt, Court Reporter [Page 6]