R. v. Obey (K.), (2013) 424 Sask.R. 114 (PC)

• Judge: Tomkins, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: June 20, 2013
• Jurisdiction: Saskatchewan
• Citations: (2013), 424 Sask.R. 114 (PC);2013 SKPC 98

R. v. Obey (K.) (2013), 424 Sask.R. 114 (PC)

MLB headnote and full text

Temp. Cite: [2013] Sask.R. TBEd. JN.068

Her Majesty the Queen v. Kenneth Obey

(Information No. 24484231; 2013 SKPC 98)

Indexed As: R. v. Obey (K.)

Saskatchewan Provincial Court

Tomkins, P.C.J.

June 20, 2013.

Summary:

The accused pled guilty to driving with a blood-alcohol content over the legal limit and driving while disqualified. He had a significant prior record that included numerous driving offences.

The Saskatchewan Provincial Court sentenced the accused to three and one half years' imprisonment for driving with a blood-alcohol content over the legal limit, two years' concurrent for driving while disqualified, and a 15 year driving prohibition.

Criminal Law - Topic 5832

Sentencing - Considerations on imposing sentence - Rehabilitation - [See Criminal Law - Topic 5886 ].

Criminal Law - Topic 5842

Sentencing - Considerations on imposing sentence - Previous criminal offence (incl. repeat, dangerous or long-term offenders) - [See Criminal Law - Topic 5886 ].

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - [See Criminal Law - Topic 5886 ].

Criminal Law - Topic 5885

Sentence - Driving while disqualified or suspended - [See Criminal Law - Topic 5886 ].

Criminal Law - Topic 5886

Sentence - Impaired driving - Obey pled guilty to driving with a blood-alcohol content over the legal limit and driving while disqualified - Obey's record contained 76 prior convictions, including 18 convictions for impaired driving offences, 18 convictions for driving while disqualified, and one conviction for dangerous driving - His last conviction for a driving offence was in 2005 - Obey was a 55 year old aboriginal - His childhood had been stable until he was sent to a residential school at age 14, where he was subjected to significant sexual abuse - He became an alcoholic after leaving the school - In 2008, Obey applied for compensation under the federal government's residential school compensation program - The application process gave Obey insight into the link between his alcoholism, his criminal acts, and his experience at the residential school - He received significant compensation in August 2012 - He submitted that receipt of the compensation, which confirmed the reality of his experiences, drove him over a "psychological cliff" and resulted in the current offences - The Saskatchewan Provincial Court sentenced Obey to three and one half years' imprisonment for driving with a blood-alcohol content over the legal limit, two years' concurrent for driving while disqualified, and a 15 year driving prohibition - Obey had received extreme leniency in the sentences for his prior offences - The court was mindful that Obey had only recently come to understand the factors that contributed to his unlawful conduct - While this insight might eventually provide him with the ability to be rehabilitated, he had not yet taken any steps to deal with the effects of his residential school experience or with his alcoholism.

Cases Noticed:

R. v. Howells (L.A.) (2013), 415 Sask.R. 212; 2013 SKPC 41, dist. [para. 24, footnote 1].

R. v. Mantee (T.B.) (2005), 275 Sask.R. 114; 365 W.A.C. 114; 2005 SKCA 147, dist. [para. 24, footnote 2].

R. v. Desjarlais (G.W.), [2011] Sask.R. Uned. 47; 2011 SKPC 41, dist. [para. 24, footnote 3].

R. v. Anderson (C.G.) (2011), 380 Sask.R. 301; 2011 SKPC 172, dist. [para. 24, footnote 4].

R. v. Sawatzky (G.L.) (2008), 340 Sask.R. 60; 2008 SKPC 85, dist. [para. 24, footnote 5].

R. v. Pawliw (A.J.) (2006), 289 Sask.R. 1; 382 W.A.C. 1; 2006 SKCA 51, dist. [para. 24, footnote 6].

R. v. Croswell (J.) (2002), 218 Sask.R. 289; 2002 SKQB 179, dist. [para. 24, footnote 7].

R. v. Bear (D.) (2007), 302 Sask.R. 153; 411 W.A.C. 153; 2007 SKCA 127, refd to. [para. 25, footnote 8].

R. v. Hotomanie (L.) (2001), 207 Sask.R. 241; 247 W.A.C. 241; 2001 SKCA 65, refd to. [para. 29, footnote 9].

R. v. Bear (L.E.), [1994] 9 W.W.R. 1; 120 Sask.R. 294; 68 W.A.C. 294 (C.A.), refd to. [para. 32, footnote 10].

R. v. Gladue (J.T.), [1999] 1 S.C.R. 688; 238 N.R. 1; 121 B.C.A.C. 161; 198 W.A.C. 161; 1999 CanLII 679, refd to. [para. 33, footnote 11].

R. v. Ipeelee (M.), [2012] 1 S.C.R. 433; 428 N.R. 1; 288 O.A.C. 224; 318 B.C.A.C. 1; 541 W.A.C. 1; 2012 SCC 13, refd to. [para. 33, footnote 12].

R. v. Wells (J.W.), [2000] 1 S.C.R. 207; 250 N.R. 364; 250 A.R. 273; 213 W.A.C. 273; 2000 SCC 10, refd to. [para. 36, footnote 14].

Counsel:

David Flett, for the Crown;

Christopher Butz, for the accused.

This matter was heard at Fort Qu'Appelle, Saskatchewan, before Tomkins, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on June 20, 2013.