ARCTIC OBITER

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10 | <strong>ARCTIC</strong> <strong>OBITER</strong> and may be suffering from FAS and FAE. The only mitigating factors are his guilty plea and the fact he gave a partly inculpatory statement to police. Sentence: Two and a half years in jail for the sexual assault; three and one-half years imprisonment for the aggravated assault; six months concurrent on the breach of probation by having contact; one month concurrent on the breach of probation by being within 10 meters of the residence; six months consecutive for the assault on the third victim; one month concurrent for possessing the weapon. Credited with 20 months time served, so the sentence effectively totals six and a half years, leaving 58 months to serve. Recommended that the sentence be served at the River Ridge facility. DNA orders and an order under the Sex Offender Information Registration Act. Lifetime firearms prohibition. Waived the victim of crime surcharge. CASES CITED R v. Mitchell, 2005 NLTD 80 (CanLII) R v. Harris, 2004 MBPC 4738 (CanLII R. v. Rusk, 2006 ABPC 365 (CanLII) R v. Major, (1996) 48 C.R. 296 R. v. Raddi, 2001 NWTSC 50 +21 more R v. Omilgoituk 2010 NWTSC 08 Presiding: Justice D. M. Cooper For the Crown: J. Walsh For the Accused: T. Boyd Accused charged with two counts of having endangered the lives of his twin children, and one count of assault against his spouse by uttering threats. The twin children were born in June of 2008; in October, the female baby was admitted to hospital with pneumonia and found to have four fractured ribs and a fractured ulna. The male baby was examined and found to be suffering from four fractures of his ribs and corner fractures to both femurs. The injuries had been inflicted over a period of weeks, and were life threatening. The mother had been repeatedly assaulted by the accused during her pregnancy, and testified to his assaults of the children. The accused gave an inculpatory warned statement. A pre-sentence report was prepared. The accused is 27 years old, with a grade 10 education. He had a very difficult childhood and was beaten by his alcoholic father. He was adopted at a young age and by 8 years of age was consuming alcohol and abusing solvents. At the time of the offences he was smoking marijuana in large quantities. He had a youth criminal record, but no adult record. The presentence report was not favourable, indicating that the accused was highly manipulative and his remorse was likely more that he had been caught than sincere remorse about the effects of his actions on his spouse and children. "It is truly difficult to comprehend how someone who has brought infant children into the world can be so callous, selfish, and immoral as to deliberately injure them to the point that their lives were in jeopardy and go so far as to place one of them in a refrigerator." (at p. 10, line 12). There are three categories of offenders in child abuse cases: (1) the application of force with the expectation of causing injury or indifference to it; (2) the application of force where the parent was immature and unskilled and acting out of emotional upset, frustration, or temper and did not fully appreciate that serious injuries might result; and (3) diminished responsibility through mental disorder where the abnormal mental condition of the accused requires that his treatment be given priority over the principles of general and individual deterrence. "[The fact that] he is not the most serious offender … is most likely more the result of good luck than any restraint on his part." (at page 13, line 6). Sentence: On count 1, 30 months in jail, an additional 30 months concurrent on count 2, and 6 months on count 3. Credit of 20 months for pre-trial custody; DNA order, mandatory firearms prohibition for ten years. No victim of crime surcharge. CASES CITED R. v. Evans [1996] A.J. No. 233 (Alta Prov. Ct.) R. v. Weiler, [1991] P.E.I.J. No. 80 (P.E.I. S.C.) R. v. T.J.V., [2000] N.W.T.J. No. 51 (N.W.T. S.C.) R. v. Klotz, [2004] B.C.J. No. 3033 (B.C.S.C.) R. v. M.J.S. [2006] A.J. No. 928 (Alta. C.A.) R. v. A.N.C. [2006] CanLII 26163 (Ont. S.C.) R. v. M.A.F., [2007] N.B.Q.B. 407 (N.B.Q.B.) R. v. MacDonald, [2009] M.J. No. 96 (Man.C.A.) R v. Dahlberg 2010 NWTSC 13 Presiding: Justice J. Z. Vertes For the Crown: S. Smallwood For the Accused: T. Boyd The accused was charged with two counts, aggravated assault and assault causing bodily harm. The victim is the accused's son who was five and a half months old at the time of the incident. The learned Justice found the accused guilty of aggravated assault on the facts, and entered a judicial stay on the second count. Sentencing adjourned.
MARCH 2010 | 11 NWT LEGISLATIVE NEWS by Mark Aitken, Director of Legislation Division, GNWT Justice NOTE: THE NWT LEGISLATIVE NEWS IS NOT A COMPREHENSIVE REPORT OF LEGISLATIVE ENACTMENTS. ONLY ITEMS CONSIDERED TO BE OF INTEREST TO THE BAR ARE LISTED. EMPLOYMENT STANDARDS ACT The Employment Standards Regulations, were amended by regulations made on February 25, 2010 and registered as R-012-2010, to increase the minimum wage from $8.25 to $9.00 per hour effective April 1, 2010, and to provide for a further increase to $10.00 per hour effective April 1, 2011. EXEMPTIONS ACT Bill 10, entitled the Exemptions Act and replacing the existing Exemptions Act, received Assent on February 26, 2010. The categories of property that are exempt from seizure under a writ of execution are updated and expanded to include types of property essential for subsistence of the debtor and his or her dependants. Transitional matters are provided for, and the Public Service Garnishee Act is consequentially amended. The new Act has not yet been brought into force. MEDICAL PROFESSION ACT Bill 3, entitled the Medical Profession Act and replacing the existing Medical Profession Act, received Assent on February 26, 2010. The new Act, which modernizes the processes for the registration and discipline of medical practitioners in the Northwest Territories, provides for transitional matters and makes consequential amendments to the Ophthalmic Medical Assistants Act and the Pharmacy Act, comes into force on April 6, 2010 by virtue of a commencement order registered as SI- 001-2010 on March 22, 2010. Note also that new Medical Profession Regulations replacing the Medical Profession Regulations, R.R.N.W.T. 1990, c.M-5, , were made on March 22, 2010 and registered as R-021-2010. The new regulations also come into force on April 6, 2010. PUBLIC TRUSTEE ACT The Public Trustee Fees Regulations, were amended by regulations made on February 22, 2010 and registered as R-010-2010, to establish fees payable to the Public Trustee in respect of services relating to the administration of the affairs of a person under a power of attorney. SUMMARY CONVICTIONS PROCEDURES ACT Bill 7, amending the Summary Conviction Procedures Act, received Assent and came into force on February 26, 2010. The amendments provide that a justice may enter a conviction and impose the specified penalty where a person who has been summonsed to appear before the justice by way of ticket fails to either pay the specified penalty or to appear as summonsed. The maximum fine for failing to appear before a justice as required is increased, and formalities relating to informations are clarified. Minor amendments are also made to ensure consistency of terminology. Note also that related regulations amending the Plea of Guilty Form in the Summary Conviction Procedures Regulations, also coming into force on February 26, 2010, were made on on February 26, 2010 and registered as R-015-2010. WORKERS’ COMPENSATION ACT Bill 11, amending the Workers’ Compensation Act, received Assent and came into force on February 26, 2010. The amendments broaden the presumption that certain types of diseases are out of a fire fighter's employment, and adjust the requirements limiting the maximum period of service on the Governance Council. IT’S ALL ONLINE! Find Certified Bills, Consolidations of Acts, Regulations and Court Rules, and the Northwest Territories Gazette at the GNWT website: http://www.justice.gov.nt.ca/ Legislation/SearchLeg&Reg.shtml
Page 1 and 2: ARCTIC OBITER MARCH 2010 V OLUME XI
Page 3 and 4: MARCH 2010 | 3 PRESIDENT’S MESSAG
Page 5 and 6: MARCH 2010 | 5 MEMBERSHIP NEW MEMBE
Page 7 and 8: MARCH 2010 | 7 (CONTINUED FROM PAGE
Page 9: MARCH 2010 | 9 was a young teenager
Page 13 and 14: MARCH 2010 | 13 NOTICES The Supreme
Page 15 and 16: MARCH 2010 | 15 RESOURCES The Law S

ARCTIC OBITER

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