Disclaimer: The Fitzhugh only reports on matters that are public record. 

The Honourable Judge V. Myers presided over Jasper Provincial Court on July 14. 

Nabil Awan was charged with operating a motor vehicle while disqualified under section 259.4 of the Criminal Code, relating to an incident on March 21. A vehicle was stopped by police in the afternoon of that day, and Awan was found to be disqualified from driving. Awan entered a plea of guilty to the charges. The crown suggested short term imprisonment. The defence told the court the accused is out of Edmonton and is a private in the Canadian Forces. He was on a road trip from Vancouver to Edmonton when the driver of the vehicle became exhausted. Awan took the wheel and was later stopped by police. The defence suggested a fine between $1,500 to $2,000 in lieu of jail time. 

Judge Myers stood the matter down, but took Awan into custody during the break. Upon his return, Judge Myers addressed the defendant. 

“I take no pleasure in throwing someone in jail,” Judge Myers said. “I hope you found that experience unpleasant – someone taking away your liberty.”

Judge Myers continued by asking Awan to answer two questions: why he committed the crime, and what the court could do to deter him from doing it again?

Awan was issued a fine of $2,000 with a $300 victim surcharge fine, for a total of $2,300. He was ordered to report to a probation officer and complete community service hours. He was prohibited from driving for a period of one year during the probation term. Awan requested and was granted a year to pay his fine. 

Louis Lanteigne is charged with impaired operation of a motor vehicle under section 253.1 (A) and operating a motor vehicle with a blood alcohol exceeding 80 milligrams of alcohol in 100 milligrams of blood under section 253.1 (B) under the Criminal Code.

On March 18, a vehicle came to the attention of RCMP, who initiated a traffic stop. Lanteigne showed signs of impairment and was found to have a blood alcohol reading of more than double the legal limit. 

Lanteigne entered a guilty plea to the charge of blood alcohol level exceeding 80 milligrams of alcohol in 100 milligrams of blood; the additional charge of impaired operation of a motor vehicle was withdrawn. 

Counsel noted the prior record of two additional impaired charges held by the accused, and suggested a higher fine was appropriate. The court heard that Lanteigne has a son and lost his employment as a truck driver due to the charges. He is eligible for the ignition interlock program and a five year driving suspension. Counsel also said the defendant would be prepared to enter treatment for alcohol addiction.

Judge Myers issued a fine of $2,000 and probation for two years. As part of probation, Lanteigne will abstain from alcohol use and not enter a licensed premises. He was further prohibited from operating a motor vehicle for two years, at which point he can apply for the ignition interlock program.

Martini Berisha is charged with obstructing a peace officer under section 129 (A) of the Criminal Code. Berisha was to appear in court on July 14, but was not present. A warrant for arrest was issued for the accused. 

Craig Girvan is charged with two counts of possession of a controlled substance under section 4.1 of the Controlled Drugs and Substances act. Girvan had a promise to appear set for July 14, and did not appear in court to answer to the charges. A warrant was issued for his arrest.

Linda Alook is facing six charges under the Criminal Code: dangerous operation of a motor vehicle causing bodily harm, section 249.3; dangerous operation of a motor vehicle causing death, section 249.4; impaired driving causing bodily harm, section 255.2; impaired driving causing death. Section 255.3; impaired driving causing an accident resulting in bodily harm, section 255 (2.1) and impaired driving resulting in an accident causing death, section 255 (3.1). The accused did not appear in court to answer to the charges. Judge Myers was advised that the victim’s family was in court. The matter was put over to after adjournment to give the Crown a chance to speak with the family of the victim. 

After the break, Judge Myers issued an arrest warrant for Alook, and apologized to the victim’s family, who had travelled from different parts of Alberta to be in Jasper for the court proceedings. 

Norman Miller appeared in court to face charges of assault causing bodily harm under section 267 (B) of the Criminal Code and aggravated assault under section 268 of the Criminal Code. Miller entered a plea of guilty to the first charge, and the other charge was withdrawn. The charges stem from an incident on Dec. 31, 2010. The victim was walking down a street in Jasper late at night when the defendant attacked him. The victim required stitches and suffered a soft tissue injury to his jaw, for which he is undergoing dental treatment. The victim requested $2,383 in restitution for medical costs, and Miller will have to report to a probation officer. 

Kyle French is charged with mischief in relation to property under section 430.4 and personation with intent to gain advantage under section 403.1 (A) of the Criminal Code. French entered a guilty plea to the charge of mischief. The charges stem from an incident outside the L&W Restaurant in Jasper. The accused was noticed by RCMP damaging chairs outside the restaurant and was issued a ticket for mischief. The accused gave a false name which caused an inconvenience to the court, RCMP officers and the person who’s name was used. French eventually came forward to claim his real identity. Counsel told the court that French has no prior record, and that he is an active member of his community. French was given probation for nine months and was asked to complete 60 hours of community service by January 2012. As terms of his probation, Judge Myers prohibited French from consuming alcohol and entering a licensed premises except for a meal. A $50 victim surcharge fine was issued as well, and should French complete all of the terms of his conditional discharge within nine months, he will have no criminal record. 

Jeffery Richl appeared in court to answer to a number of charges. He was convicted of possession of a controlled substance exceeding one gram under section 4.1 of the Controlled Drugs and Substances Act. The charges stem from an incident on Sept. 21, 2010. Richl was operating a motor vehicle on Highway 16 and was observed speeding. He was found to be in possession of marijuana for personal use. Upon inspection of the vehicle, a Glock pistol and ammunition was found. 

The Crown sought a conditional discharge with a one year prohibition from driving and a 10-year firearm prohibition. 

Counsel told the court that Richl is a member of the Law Society of B.C., and has been receiving counselling. This is the defendant’s first offence and he plans to continue to take counselling. Judge Myers asked if alcohol was any factor in the charges, to which counsel advised there were no issues with alcohol abuse. 

Judge Myers granted a conditional discharge with 12 months of probation. Richl is to attend counselling as set forth by a probation officer, and the items seized in the traffic stop will be forfeited to the Crown. All other charges were withdrawn.