R. v. Saila, (1983) 54 A.R. 60 (NWTSC)

• Judge: de Weerdt, J.
• Court: Supreme Court of Northwest Territories (Canada)
• Case Date: December 07, 1983
• Jurisdiction: Northwest Territories
• Citations: (1983), 54 A.R. 60 (NWTSC)

R. v. Saila (1983), 54 A.R. 60 (NWTSC)

MLB headnote and full text

R. v. Saila

(No. SC 2930)

Indexed As: R. v. Saila

Northwest Territories Supreme Court

de Weerdt, J.

December 8, 1983.

Summary:

The accused was convicted of theft, contrary to s. 294(b)(ii) of the Criminal Code of Canada, and was sentenced to six months' imprisonment, fined $250 and placed on one year probation, with a local banishment condition. The accused appealed the sentence.

The Northwest Territories Supreme Court allowed the appeal and reduced the sentence to four months' imprisonment, set aside the fine and affirmed the probation order.

Civil Rights - Topic 8547

Canadian Charter of Rights and Freedoms - Interpretation - Principles of fundamental justice - Charter, s. 7 - An accused's probation order was subject to the condition that he not return to the community where he committed the offence until the expiration of the probationary period - The Northwest Territories Supreme Court opined that the local banishment condition did not deny the accused's right not to be deprived of his right to life, liberty and security of the person except in accordance with the principles of fundamental justice, because the condition was not contrary to the principles of fundamental justice - See paragraphs 14 to 19.

Criminal Law - Topic 5723

Punishments (sentence) - Probation - Conditions - The Northwest Territories Supreme Court affirmed a probation order that contained a condition that the accused not return to the remote northern community where his crime was committed until the probationary period expired - The court recognized and discussed the social restraints in imposing probation orders containing local banishment conditions - See paragraphs 5 to 28.

Criminal Law - Topic 5726

Punishments (sentence) - Probation - Circumstances when permissible - Criminal Code of Canada, s. 663(1)(b) - The Northwest Territories Supreme Court stated that probation may be imposed in addition to a fine or imprisonment, but not in addition to both - See paragraph 2.

Criminal Law - Topic 5854

Sentence - Theft - The accused was convicted of the theft of a pair of shoes and sentenced to six months' imprisonment, placed on one year probation and fined $250.00 - Extensive previous record for theft - The Northwest Territories Supreme Court reduced the accused's sentence to four months' imprisonment plus one year probation, but set aside the fine - See paragraphs 5 to 28.

Cases Noticed:

R. v. Smith (1972), 7 C.C.C.(2d) 468 (N.W.T.S.C.), folld. [para. 2].

R. v. Blacquierre (1975), 24 C.C.C.(2d) 168 (Ont. C.A.), ref'd to. [para. 3].

R. v. St. James (1981), 20 C.R.(3d) 389 (Que. C.A.), ref'd to. [para. 3].

R. v. Casey (1982), 39 A.R. 233; 26 C.R.(3d) 332; 18 Alta. L.R.(2d) 272 (Alta. C.A.), ref'd to. [para. 3].

R. v. Wright (1982), 8 W.C.B. 120 (B.C.C.A.), ref'd to. [para. 3].

R. v. Fuller, [1969] 3 C.C.C. 348; 5 C.R.N.S. 148; 2 D.L.R.(3d) 27; 67 W.W.R.(N.S.) 78 (Man. C.A.), ref'd. to. [para. 20].

R. v. Malboeuf, [1982] 4 W.W.R. 573; 16 Sask.R. 77; 68 C.C.C.(2d) 544 (Sask. C.A.), consd. [para. 21].

R. v. Melnyk, [1974] 6 W.W.R. 202; 19 C.C.C.(2d) 311 (B.C.S.C.) ref'd to. [para. 24].

R. v. Constant, [1978] 3 W.W.R. 673; 40 C.C.C.(2d) 329; 5 C.R.(3d) 519 (Man. C.A.), ref'd to. [para. 24].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 7 [para. 16].

Counsel:

G.K. Phillips, for the accused;

M.D. Gates, for the Crown.

This appeal was heard at Yellowknife, Northwest Territories, on December 7, 1983, before de Weerdt, J., of the Northwest Territories Supreme Court, who delivered the following judgment on December 8, 1983.