Nunavunmi Maligaliuqtiit

NUNAVUT COURT OF JUSTICE

Cour de justice du Nunavut

Citation: R. v. Pierce, 2018 NUCJ 16

Date: 20180625
Docket: 08-16-400
Registry: Iqaluit

Crown: Her Majesty the Queen

-and-

Accused: William Allen Pierce

________________________________________________________________________

Before: The Honourable Madam Justice Bonnie Tulloch

Counsel (Crown): Marian Bryant

Counsel (Accused): Sara Siebert

Location Heard: Iqaluit, Nunavut

Date Heard: May 4, 2018
Matters: Sentencing; Criminal Code, RSC 1985, c C-46, ss
354(1)(a), 355(a); Controlled Drugs and Substances Act,
SC 1996, c 19, ss 5(2), 5(3)(a)

REASONS FOR JUDGMENT

(Delivered Orally)

(NOTE: This document may have been edited for publication)

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I. INTRODUCTION

[1] This is the day that I have set aside to sentence William Allen Pierce
on a charge of possession of 392.8 grams of cocaine for the purpose
of trafficking and possession of $7,200 in cash identified as proceeds
of crime.

II. FACTS

[2] Crown and Defence have drafted an Agreed Statement of Facts that I
have attached to this decision as Appendix “A”. Mr. Pierce accepts
these facts.

[3] This accused came to the attention of the Royal Canadian Mounted
Police in Iqaluit pursuant to an ongoing investigation which resulted in
the execution of a search warrant on August 5, 2016, at Mr. Pierce’s
residence in the Tundra Valley area of Iqaluit.

[4] The items seized on that occasion are listed in Appendix “A” at
paragraph 1.

[5] An approximate value of the cocaine seized has also been agreed
upon. Constable Bowskill provided an expert opinion that in the city
of Iqaluit in 2016 the price for one gram of powdered cocaine was
$200. This means that the value of the cocaine seized, if sold by the
gram, is approximately $78,560. If sold per ounce, it would amount to
approximately $56,000.

III. ANALYSIS

[6] There is no doubt that Mr. Pierce was a drug trafficker. He is the one
who chose to sell drugs in the city of Iqaluit and he is the one that
must now face the consequences of his actions.

[7] It goes without saying that Mr. Pierce is not the only one who will
suffer consequences for the bad choices he made during the time
leading up to his arrest.

[8] Those who care about Mr. Pierce will also suffer, which is clear from
the letters of support filed in this case.
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[9] The destruction which results from an addiction to cocaine is well

documented and those people who bought drugs from Mr. Pierce
have been, and often continue to be, negatively impacted by the
Nunavut drug trade, of which he was a part.

[10] In coming to my decision today, I must carefully consider and balance

a number of factors related both to the offence and to the offender.

[11] Mr. Pierce pleaded guilty to these charges after unsuccessfully

challenging the validity of the search warrant and its impact on his
rights under section 8 of the Canadian Charter of Rights and
Freedoms, Part I of the Constitution Act, 1982, being Schedule B to
the Canada Act 1982 (UK), 1982, c 11. My sentence today does not
fault him for that.

[12] I accept his guilty pleas and have given him substantial credit for not
proceeding to trial on these charges. Although it was not a plea at his
very earliest opportunity, it is an early one.

[13] I have also considered the following:

 the letters of support provided by Mr. Pierce’s family

and his employer,
 the fact that he does not have a criminal record,
 his sincere expression of remorse,
 the rehabilitative efforts he has undertaken since his
arrest,
 any factors that could have contributed to bringing
him before the Court,
 the cases submitted by Counsel, and
 Counsel’s able submissions.

[14] The Crown submits that the appropriate range of sentence for this
offender, on these facts, is three to three-and-one-half years. The
prosecutors are asking me to impose a global sentence at the high
end of the scale. They suggest three-and-one-half years would be
appropriate.

[15] Defence Counsel says the appropriate range is two-and-one-half to

three years. Given Mr. Pierce’s personal circumstances, it is
submitted that a sentence of two-and-one-half years would
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adequately satisfy the principles of sentencing in this case.

[16] Crown and Defence have agreed that the paramount consideration on
sentencing must be denunciation and deterrence. I agree.

[17] This is a case where the fundamental purposes of sentencing under

section 718 of the Criminal Code, RSC 1985, c C-46 [Criminal Code],
and section 10 of the Controlled Drugs and Substances Act, SC 1996,
c 19 [CDSA], support the imposition of a lengthy term of custody.

[18] Trafficking in cocaine is an offence punishable by life imprisonment.

There is no mandatory minimum penalty, except in prescribed
circumstances.

[19] That being said, all of the cases referred to me, and those that I have
reviewed myself, indicate that traffickers in cocaine must be dealt with
sternly. Even first-time offenders engaged in a single transaction will
receive a period of custody depending on the amount of the narcotic
and the money involved.

[20] The motivation for drug trafficking is money. Drug dealing is a very
profitable business. Through his actions, Mr. Pierce is guilty of
preying on vulnerable individuals living in his own community.

[21] The dangerous and disastrous effects of addiction to cocaine are well
documented.

[22] In Nunavut, those who become addicted to hard drugs, such as

cocaine, often destroy their lives and their families. Money needed for
the necessities of life are used instead to fuel an addiction. They get
caught up in an inability to lead a normal life and eventually become
completely dependent on drugs to live from day-to-day. Criminal
activity often results from their urgent need to feed their habit.

[23] To make matters worse, there are few resources and no residential
treatment centres or programs in Nunavut to deal with the serious
aftermath which results from traffickers who make cocaine accessible
in this territory.

[24] Mr. Pierce was a guard at Baffin Correctional Centre for a period of
time and saw firsthand the disastrous effect addictions have on
individuals within the prison system.
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[25] He has allowed his greed for money to overshadow his moral
obligation to follow the law and be an upstanding member of his
community.

[26] Johnson J., in the case of R v Cherkaoui, 2009 NUCJ 7 at para 21,
[2009] NJ 6 (QL) [Cherkaoui], decided in 2009 by this Court, quoted
Foisy J. in the case of R v Friskie (22 September 2008), Iqaluit 08-08-
225 (Nu CJ) at page 15:

Basically what you are dealing is poison. It’s extremely

addictive and people like yourselves as far as I’m concerned
are parasites because you feed off the weaknesses of others for
your own profit.

Nunavut is different than other jurisdictions because it is

extremely largely populated by Inuit; it is the Inuit territory.
By and large these are not people of means; these are people
who have to struggle to live, they don’t have a lot of money -
many of them are very poor. When dealing with crack cocaine
or other very addictive drugs their small resources are spent to
feed a habit which they [acquired] as a result of people like you
coming into this territory. That leaves no money to pay rent,
no money to buy food to feed themselves and/or other families,
no money to buy other staples of life which are very, very
expensive in this territory.

[27] Although Mr. Friskie was dealing in crack cocaine – as was the case
in Cherkaoui – the comments are just as applicable with respect to
the damage caused by the illegal cocaine trade to the social fabric of
Nunavut communities.

[28] All of this to say that when considering, as I must, the proportionality
principle of sentencing, I have no problem finding that the gravity of
the offence and the degree of responsibility of the offender, in this
case, are extremely high.

[29] Crafting an appropriate sentence is a very difficult and onerous part of

my job as a Judge.

[30] Nunavut has a long history of imposing sentences which are specific
to the facts surrounding the offence, while taking into account the
background of the offender. It is an individualized approach which
recognizes that each case is unique.
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[31] Mr. Pierce is now 30 years old. He was 27 at the time of his arrest.
He is therefore a youthful first-time offender with no criminal record. It
is his first interaction with the justice system.

[32] As a child, Mr. Pierce grew up on a reserve in Norway House Cree

Nation in Manitoba. He suffered the effects of significant bullying. He
and his family were among the only non-Aboriginal people living in
Norway House. Accordingly, he was considered to be an outcast in
his community.

[33] The accused has a younger sister, who now resides in Nova Scotia.
During his childhood, the accused was very protective of his sister.

[34] High school was very difficult for the accused. He became very
depressed and, at one point, he tried to commit suicide by hanging. It
was at that point that he was put on medication and he quickly turned
to drugs and alcohol.

[35] Mr. Pierce was placed in a foster home at age 15, where he remained
until his 18th birthday, when he moved to Nova Scotia. He was not
equipped to deal with the realities of life on his own and his serious
addiction to drugs and alcohol became more prominent.

[36] At age 21, he called his mother and was able to return home to live
with his parents on the reserve. Within two days, he secured a job at
the Northern Store in the meat department. He thrived and was
transferred first to Moosonee, Ontario, and then to Iqaluit, where he
has resided since 2011.

[37] In 2012, his fiancée gave birth to their daughter.

[38] Due to heavy drinking, the accused lost his job at the Northern Store
in 2013.

[39] Mr. Pierce describes himself during that time as “an alcoholic
cokehead”.

[40] He worked in Iqaluit at various places, such as Baffin Correctional

Centre, First Air and Pai-Pa Taxi.

[41] I am told that, since the accused’s initial arrest in August of 2016, he
has stayed away from both drugs and alcohol.
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[42] He has been on a number or restrictive conditions, which he has

taken very seriously.

[43] He applied to vary his bail conditions on two occasions when he

wanted to travel outside the territory. The first time was for purposes
of attending a training program in Newfoundland and the second time
was so that he could spend time with his family in Manitoba.

[44] At one time his curfew was also amended so that he could work in
Nunavut.

[45] The fact that there have been no breaches during the lengthy period
of time he has been on bail is also to his credit.

[46] His daughter, Annabelle, is now six years old. She lives with her
mother and the accused’s parents at Norway House.

[47] Upon Mr. Pierce’s return to Manitoba, he was able to secure steady
employment and he has positively reconnected with his family and
friends.

[48] He was able to spend considerable time with his daughter and has
contributed substantially to her care. He provides financial and
emotional support for his parents and his ex-fiancée. Both parents
are very committed to co-parenting their daughter who, I am told, is
an inspiration to her father and a catalyst for his desire to make
healthy changes in his life for the future, including moving back to
Manitoba once he is released from custody.

[49] The letters of support provided to the Court are very positive. They
talk about the accused being a great father and son. They talk about
the fact that he is a good worker and that he has a job waiting for him
after his time in jail.

[50] I am of the opinion that the strong network of support that Mr. Pierce
has built up during this time will greatly assist his overall rehabilitation,
which is always an important consideration in the sentencing decision.

[51] On May 2, 2018, upon his return to Iqaluit from Manitoba, he

surrendered himself to the authorities at Baffin Correctional Centre to
await his sentence.
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[52] The cases submitted by Counsel are helpful in establishing the

appropriate range of sentencing for trafficking in cocaine.

[53] Taking into account the fact that cocaine is highly addictive, highly
dangerous and highly destructive, any sentence I impose today must
send a strong message to the general public that a substantial period
of time in custody, even for first-time offenders who traffic in this drug,
is warranted.

[54] This is a crime driven by greed and opportunity.

IV. SENTENCE IMPOSED

[55] For all of the reasons indicated, I have come to the conclusion that
the appropriate and fit sentence for this unique offender on these
particular facts is a global sentence of 36 months or 1,095 days in the
penitentiary. It is broken down as follows: on the trafficking charge,
the sentence is 1,095 days; and on the possession of proceeds of
crime charge, the sentence is 180 days, to run concurrent.

[56] Given the accused’s connection to Manitoba and his wish to return
there upon his release, I am prepared to make a strong
recommendation on the warrant of committal that he serve his time at
an institution in that province to facilitate visitation by his family. I feel
that this will contribute to his overall rehabilitation.

[57] I am, of course, prepared to grant him credit for the time he has spent
in custody awaiting his sentence.

[58] From the time of his arrest in August of 2016 and his release after
Show Cause Hearing, he spent five days in custody.

[59] From the time of his surrender into custody on May 2 to today’s date,
he has been in custody for an additional 55 days. He is entitled to
enhanced credit at the rate of 1.5 to 1; and I am, therefore, prepared
to deduct a further 30 days. I credit him for 90 days of pretrial
custody.

[60] This means that the total time remaining to serve is 1,005 days.

[61] Further, I impose the following ancillary Orders:

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 I order that Mr. Pierce provide a sample of his DNA

for purposes of inclusion in the database.

 I am obligated to impose an Order pursuant to

section 109 of the Criminal Code. Mr. Pierce is
prohibited from possessing any firearms or
ammunition for a period of 10 years.

 There will be a forfeiture Order pursuant to section

16(1) of the CDSA for all of the seized property listed
in the Agreed Statement of Facts.

 And, finally, I must impose a victim of crime

surcharge in the amount of $200 on count #1 and
$200 concurrent on court #2 for a total fine of $200,
which must be paid within one year from release.

V. CONCLUSION

[62] Mr. Pierce, it gives me no pleasure to send you to jail today.

[63] You must now live with the fact that you have caused considerable
damage to this community and I am sure that people here will be glad
that you will not be returning to Iqaluit upon your release.

[64] I feel for your family and am encouraged by your prospects for
rehabilitation. I hope you fully understand the consequences of your
actions.

[65] Without your guilty pleas and your rehabilitative efforts, the sentence
would have been longer.

[66] Good luck, Mr. Pierce.

Dated at the City of Iqaluit this 25th day of June, 2018

___________________
Justice B. Tulloch
Nunavut Court of Justice
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APPENDIX “A”

AGREED STATEMENT OF FACTS

1. RCMP members of V Division Federal Operations Section in Iqaluit,

Nunavut, as a result of information received in August and
September 2015, began an investigation into Mr. Pierce for
trafficking in controlled substances. The investigation culminated on
August 5, 2016 when RCMP searched Mr. pierce’s house 2507
pursuant to a section 11 Controlled Drugs and Substances Act
warrant, resulting in seizure of:

a. Three hundred and ninety-two point eight (392.8) grams

of cocaine;
b. Four (4) grams of cannabis marihuana;
c. Two (2) grams of cannabis resin;
d. One (1) pill;
e. Seven thousand dollars ($7,000) cash;
f. Items of drug paraphernalia including score sheets,
digital scales, cellular telephones, and grinder;
g. 14 plastic bags containing the cocaine, all weighing
approximately 1 ounce each; and
h. Nine (9) one (1) gram bags.

2. The seized items were transported to the Federal Operations Office

to be weighed, re-bagged and processed. Several exhibits were sent
to the Health Canada Laboratory for analysis. Health Canada
Certificates of Analysis were returned from the laboratory after the
analysis was completed and the controlled substances seized were
cocaine, cannabis resin and cannabis marihuana.

3. A red box found in the laundry room contained 14 ziplock bags

containing cocaine and marked with the number 28 and 28.1
(believed to represent the number of grams). Fingerprints were
found on three of those bags: the fingerprints were identified as
belonging to Mr. Pierce.

4. A total of $7,200.00 was seized: $200.00 cash from Mr. Pierce’s

bedroom, $6,000.00 cash from his dresser drawer and $1000.00
cash from a small safe outside his room.
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5. Mr. Pierce was arrested, Chartered and cautioned in the house by

the RCMP officers and charged with seven offences, including
possession of cocaine for the purpose of trafficking and possession
of proceeds of crime. He was released on a recognizance on August
10, 2016. His recognizance has been amended twice, once to allow
him to attend a training programme outside Nunavut and recently to
visit his family in Manitoba between March 6 and May 2, 2018.

6. Constable Bowskill provided an expert opinion that the price for a

gram of cocaine sold for $200.00 in Iqaluit in 2016. The value of the
cocaine seized, if sold at the gram level was $78,560.00. The price
per ounce was $4000.00 to $4500.00 (uncut) and if sold at the
ounce level $56,000.00.

Marian Bryant

This Agreed Statement of Facts has been reviewed by William Pierce and
is accepted as being correct.

Sara Siebert