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Disclaimer: The Fitzhugh only reports on matters that are public record.
The Honourable Judge D.C. Norheim presided over Jasper Provincial Court on June 23.
Ibrahim Hanif was charged with operating a motor vehicle while impaired under section 253.1 (A), operating a motor vehicle with a blood alcohol level exceeding 80 milligrams under section 253.1 (B), and failure to appear/attend court under section 145.5 of the Criminal Code. The incident in question occurred on March 21, when a report of a potential impaired driver was received by the RCMP. The accused entered a plea of not guilty, and the Crown asked that a fine of $1,200 be considered. The defence agreed with the Crown, and requested an extension on the time to pay. The request was granted and the charges were withdrawn.
Derek Cebula was charged under the Canadian National Parks Act after an incident on May 21 when a group of campers re-entered the Wapiti campground after their permits were cancelled for 48 hours. According to the Crown, the accused and a group of campers were asked to leave the campground after several warnings and complaints of excessive noise from fellow campers, alcohol consumption and a campfire after 11 p.m. The camping permit was cancelled at 3:35 a.m. The group was found within the Wapiti Campground at 8:55 a.m. the next morning at a friend’s campsite. The crown requested a fine of $500. The accused entered a guilty plea, which was struck down by Judge Norheim, who suggested the accused speak with counsel before entering a plea.
Co-accused in the May 21 incident was Krzysztof Cebula and Daniel Surowka. Krzysztof Cebula was referred to council as well.
Surowka was also charged with failure to use a personal flotation device in addition to the cancelled camping permit, relating to an incident on May 21 on Pyramid Lake. Surowka told the court that he was asleep at the time of the ejection from the campsite and requested leniency. The Crown replied that leniency had already been shown to the group, after they were given many warnings prior to the permit being cancelled. As for the personal flotation device charge, Surowka said he was boating with five individuals and gave up his life jacket to a weaker swimmer in the group. He told the court that he was prepared to take full responsibility for his actions. He was issued a $200 fine on the failure to carry a PFD, and $300 on the cancelled camping permit.
Derek and Krzysztof Cebula later entered a guilty plea. Both men were issued a $300 fine.
Darren Davis was charged under the National Parks Act with unlawfully possessing a weapon in a national park, relating to an incident on May 31. Davis was found to be in possession of a crossbow at a campsite after Jasper National Park dispatch received a call that a crossbow had been left on a picnic table. A park warden attended the scene, retrieved the weapon, and a seizure notice was left. The wardens returned and spoke with the accused. Davis entered a guilty plea and the Crown requested a fine of $500 plus forfeiture of the crossbow. Judge Norheim asked for clarification of whether a crossbow is in fact considered a firearm, which was confirmed by Park Wardens in attendance. He also stated that the regulation is in place to prevent poaching, however the accused did not seem to have the weapon for that purpose. Judge Norheim issued a fine of $200.
An arrest warrant was issued for Francois Gauthier, who is charged with operating a motor vehicle while impaired under section 253.1 (A) and operating a motor vehicle with a blood alcohol level exceeding 80 milligrams under section 253.1 (B) of the Criminal Code.
A warrant was issued for Justin Holman, who is accused of unlawfully operating a motor vehicle off a highway in a park without a permit under the National Parks Highway Traffic Regulations Act.
Dawson Turner was charged with operating a motor vehicle while impaired under section 253.1 (A) and operating a motor vehicle with a blood alcohol level exceeding 80 milligrams under section 253.1 (B) of the Criminal Code. Judge Norheim commented that the accused has no prior record, and while his readings were over the limit, they were not as high as he usually sees. The judge issued a $1,200 fine and a one year prohibition from driving for the charge of operating a motor vehicle while impaired. Turner was asked to surrender his license, and requested three months to pay his fine. The second charge was withdrawn.
Anan Kumhom appeared via CCTV on a charge of assault under section 266 of the Criminal Code. The charges stem from an incident on June 12. The defendant was working at the Jasper Park Lodge when he became angry at a fellow worker, who appeared to be his girlfriend. The accused hit her in the face and body causing bruising. The victim suffered no long-term injuries as a result of the attack. The 21-year-old defendant has been in custody since the incident and was in Canada on a temporary basis on a college exchange from Thailand. He arrived in Canada on March 23 and was due to return to Thailand on July 4. Counsel advised that the defendant was unlikely to be able to return to Canada. Kumhom issued an apology through a translator and was sentenced to 10 days time-served, as requested by the Crown.
Abdul Asif was charged with unlawful operation of a motor vehicle off a highway in a park without a permit under the National Parks Highway Traffic Regulations Act. The charges are from an incident on May 27. Park wardens responded to a call that a vehicle was stuck at Buck Lake. The accused moved several large rocks at the start of a hiking trail and proceeded to drive down the trail and soon became stuck. A tow truck was dispatched, which got stuck as well. A second tow truck had to attend the scene. Park Wardens reported that ruts had been dug into the trail and had to be repaired. An estimate of the cost of repairs was not available, but they have since been filled in. The Crown requested a fine of between $500 and $800, while counsel proposed a fine of $200. The accused addressed the court, saying that the towing costs had already cost him $1,000 and he was unaware that he was not supposed to drive down the road. Judge Norheim issued a fine of $700.
Skyler Revell was charged with operating a motor vehicle while impaired under section 253.1 (A) and operating a motor vehicle with a blood alcohol level exceeding 80 milligrams under section 253.1 (B) of the Criminal Code. The charges stem from an incident on May 5, when a police officer observed Revell failing to stop at a stop sign while operating a motor vehicle. A traffic stop was conducted, and the accused was found to be over the legal blood alcohol limit.
Counsel noted that the blood alcohol levels were lower than normal. Judge Norheim issued a $1,200 fine and prohibited Revell from driving for a year in response to the charge of blood alcohol level exceeding 80 milligrams. The other charge was withdrawn.
Jayden McInroy appeared in court via CCTV on June 23 on three charges. He previously appeared in Jasper Provincial Court on May 26 for charges of driving a motor vehicle with no insurance under section 54.1 of the Traffic Safety Act, possession of property obtained by crime under section 354.1 (A). On June 23, McInroy’s charges were read as section 355 of the Criminal Code; anyone who commits an offence under section 354 is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years, or of an offence punishable on summary conviction where the value of the subject-matter of the offence does not exceed $5,000. McInroy also appeared on the charge of driving a motor vehicle without insurance and transporting liquor within easy access of an occupant of the vehicle under section 87.1 (B) of the Canada Gaming and Liquor Act.
Counsel pled guilty to the charges of transporting liquor and those related to the possession of property obtained by crime relating to the incident on May 31. The accused was stopped by police with an open beer in the vehicle. When checking the registration of the vehicle, it came up as stolen.
The Crown asked that a term of 30 days in custody be considered. The accused had already served 12. Counsel stated that McInroy has a family to support and 12 days time-served should be satisfactory for the offence, and that he is willing to go on probation, keep the peace and be of good behaviour.
The Crown said there was no indication of damage to the vehicle and the victim of the theft was an acquaintance of the accused. Counsel responded saying that the accused had permission to use the vehicle previously, but did not have permission at the time of the offence. The Crown requested time served.
On the charge of possession of goods obtained by crime, Judge Norheim gave McInroy a sentence of 30 days in custody as well as 12 months probation in which McInroy will have to adhere to a lengthy set of conditions including reporting to a probation officer, attending counselling or treatment for alcoholism as set out by the probation officer and keeping the peace and being of good behaviour. |