Professional Documents
Culture Documents
Registry:
20151103
08-14-64; 08-14-161; 08-14-132; 08-14-163; 08-14304; 08-15-44; 08-15-424
Iqaluit
Crown:
Accused:
Iola Lucassie
________________________________________________________________________
Before:
Counsel (Crown):
Counsel (Accused):
J. Montgomery; M. Girard
J. Park
Location Heard:
Date Heard:
Matters:
Iqaluit, Nunavut
September 8-11, 2015; September 14-16, 2015
Criminal Code,s.127(1); s. 264.1(1)(a); s. 266; s. 267(b); s.
270(1)(a); s. 270.01; s. 270.01(b)
I. INTRODUCTION
[1]
The accused was charged with 13 offences that were alleged to have
occurred at the Baffin Correctional Centre [BCC] on December 5,
2013 (08-13-64), two offences that were alleged to have occurred on
March 5, 2014 (08-14-162), one offence that was alleged to have
occurred on March 16, 2014 (08-14-163), two offences that were
alleged to have occurred on March 30, 2014 (08-14-161), two
offences that were alleged to have occurred on May 12, 2014 (08-14304), two offences that were alleged to occurred on January 20, 2015
(08-15-44) at an RCMP remand cell, and two offences that were
alleged to have occurred on February 28, 2015 (08-15-424) on a
plane transporting the accused to British Columbia.
[2]
[4]
[5]
[6]
The accused was inside Dormitory Three with two other inmates and
heard Pumpfrey on the public announcement system tell him to come
to the secure hallway outside of Dormitory Three. The accused did
not comply with the request. Cook went into Dormitory Three and
asked the accused to come to the secure hallway, but he again
refused. Cook then advised Bracken that the accused refused to
attend the secure hallway. Bracken and Cooper then went to
Dormitory Three to speak with the accused. Jewis followed Cook,
Bracken and, Cooper into Dormitory Three.
[7]
[8]
The accused punched Bracken between his left ear and jaw causing
his shoulder to come out of joint. Cooper tried to restrain the accused
as Bracken retreated and the accused punched him on the left side of
his face pushing him to the side. Bracken moved to the back of the
dormitory to attempt to reposition his shoulder. Jewis moved up to
take his place and the accused punched him on the left side of his
face. Jewis lost his balance and fell to the floor.
[9]
Cooper put his foot above Jewis in an attempt to protect him from the
accused. The accused picked up a chair and Cooper, Bracken, and
Cook retreated to avoid being struck while Jewis remained on the
floor.
(ii). Analysis
[16] Standing Order 1110(4)(a)1 provides that the Warden shall as soon
as is practical and no later than the end of the next business day, give
an offender placed into administrative segregation written notice of
the reason for the placement.
[17] The Warden of BCC had reasonable grounds to believe that the
accused was involved in attempting to bring contraband into BCC and
to request that the accused be taken to the secure area for
questioning. When the request was made to the accused to attend the
secure hallway he was obligated to comply and the Warden was not
required to give written notice until the next business day. As a result
the lack of written notice has no relevance to the analysis of whether
the accused is guilty or not guilty of the charge of aggravated assault.
[18] The videotape clearly shows the accused swing a chair twice at Jewis
laying on the floor, but does not show it hitting his head. Jewis and
Cooper put their arms and legs up in a defensive posture to protect
Jewis from being hit when he was in a vulnerable position on the floor.
The question that I must determine is whether it is a reasonable
inference that it was the chair that caused the head injury. The third
and fourth pictures in Exhibit 9 show the head injury that was
described in the medical report that was marked as exhibit 10 as a
laceration that required sutures. The accused argued that the
laceration might have been caused by one of the officers boots
accidently striking the head.
[19] I am satisfied that a boot could not have caused the laceration type of
injury that Jewis received. A boot would perhaps cause a bump or a
scrape, but would not have a sharp enough edge to cut the skin. I am
satisfied beyond a reasonable doubt that the chair the accused swung
at Jewis caused the laceration.
[20] Section 270.02 of the Criminal Code of Canada, RSC 1985, c C-46
[Criminal Code], states:
270.02 Everyone who, in committing an assault referred to in section
270, wounds, maims, disfigures or endangers the life of the
complainant is guilty of an indictable offence and liable to
imprisonment for a term of not more than 14 years.
1
[22] I am satisfied that Jewis was a peace officer who was lawfully
engaged in his duty of detaining the accused so he could be taken to
the secure hallway for questioning. The only issue is whether the
laceration constitutes a wound. The issue was recently analyzed at
paragraphs 118-124 in R v Beharri, 2013 ONSC 7753, [2013] OJ No
6476 (QL), where Hill J. concluded that wounding occurs when the
skin is broken. That clearly happened in this case and as a result I
convict the accused of aggravated assault.
[23] The accused was highly agitated and in a rage when the officers
managed to close the door to the dorm. His memory was distorted by
the rage that went on for a considerable time. I prefer the evidence of
the officers about the nature of the threats and accept their evidence
and reject the accuseds evidence. I therefore convict him of making
the threats described in counts 7, 8, 9, 10, and 11.
B. March 5, 2014, charges
[24] The accused entered guilty pleas to assaulting Hari Barka and making
a death threat.
C. March 16, 2014, charges
[25] The accused was charged with assaulting Manuel Olondriz by spitting
on him while he was engaged in his duties as a peace officer.
[26] Olondriz testified that the accused was standing about 8-10 feet away
from him and was cursing and yelling through the hatch in the door
where food is served. He was absolutely clear that the accused spit
through the hatch and hit him on his uniform and pants. He was
surprised that the accused could spit that far and commented on it.
The accused testified that he was upset and yelling at Olondriz and
that during the yelling saliva may have exited his mouth by accident
and hit him.
[27] I accept the evidence of Olondriz and reject the evidence of the
accused. He was a credible witness and was clearly shaken by what
happened because spitting is a grave insult in his Filipino culture. He
would not have mistaken accidental spraying of saliva through speech
with someone spitting at him.
[28] I convict the accused of assaulting Olondriz.
D. March 30, 2014, charges
[29] The accused entered guilty pleas to assaulting Mireault and
committing mischief by damaging a telephone.
E. May 12, 2014, charges
[30] The accused entered guilty pleas to assaulting Mireault and making
death threat.
F. January 20, 2015, charges
[31] The accused entered a guilty plea to assaulting Peter Angutimarik in
an RCMP remand holding cell and the Crown conditionally stayed the
second count.
___________________
Justice E. Johnson
Nunavut Court of Justice