Skateboard saga

Never mind the popular bumper sticker — skateboarding is indeed a crime.

A series of boarding infractions finally landed Jason McTaggart a ticket from a Jasper bylaw officer, much to the chagrin of McTaggart: for one, he had his skateboard confiscated; for two, it wasn’t even a skateboard.

Judge Donald Norheim dismissed the fact that the mode of transport is technically called a mountainboard, noting that McTaggart had been warned on several occasions about Jasper’s no skateboarding in the downtown district bylaw. McTaggart complained that he has been repeatedly hassled by bylaw officer Kevin Myles, and that’s why he lost his temper, as reported by Myles. But Norheim said the boarder knew better.

“The way I see it, you’re knowingly committing an offense,” Norheim said, before letting McTaggart know that the reported display of swearing and disrespecting the bylaw officer could land him a stiffer penalty if it is repeated.

“In other words, learn some manners,” he said.

Dope fines due fast 

After being caught in possession of more than 100 grams of marijuana, David Shane was hoping for a little time from the judge. Instead, he will have to pay his $650 debt to society within a month.

Shane, a landscaper from Fort St. John, B.C. was stopped by Jasper RCMP on March 16 after the police had received a complaint about a potentially impaired driver. As the officers searched the vehicle in which he was riding, Shane voluntarily turned over two bags of cannabis. The street value of the amount contained in the vehicle was estimated by federal crown prosecutor Vaughn Myers as being in the range of $1,000 to $1,200.

“You’ve obviously got lots of disposable income if you can buy that much dope,” Judge Norheim said to Shane, who pleaded guilty to a simple possession charge. 

Despite his lack of a prior record and the fact that he had surrendered the drugs to the investigating officer, the judge would not allow the man to defer payment of his fine over a period of three months.

“Did they give you three months to pay for the dope when you bought it?” Norheim asked.

No bail for you

A sometime Jasper resident will have to wait for his next court appearance while behind bars after Judge Norheim denied bail on Thursday afternoon. Nicholas Falzon has a residence and job in Edmonton but had been staying with friends in Jasper. Originally charged with several offences after an alleged incident in November, 2004, Falzon had previously been found to be in violation of his release conditions when he appeared in Jasper Provincial Court in January. At that time, Falzon was sentenced to 90 days in jail. Having served this time, he had returned to Jasper when he was approached by an RCMP officer in the parking lot of the Sawridge Hotel on April 2.

Under the terms of his original release, Falzon was bound by several conditions, including a ban on possessing a cell phone or car, being limited to residing at court-approved addresses, and having to keep a copy of his release order on his person at all times.

When the police officer asked Falzon to produce this document, the accused said that he didn’t have it, and when the officer asked to look at Falzon’s backpack, he had reason to believe that the accused was “covering something up”, the court was told.

A search of the backpack’s contents revealed a small bag of unknown white powder and 12 green tablets in an Advil bottle, which analysis later revealed to be ecstasy. Further examination of the white powder revealed no evidence to dispute Falzon’s claim that it was baking powder.

“You’re going to tell me you’re a cook?” Norheim quizzed Falzon and the duty defense counsel.

While neither made a claim of culinary expertise, duty counsel did argue in favour of releasing Falzon, albeit under strict conditions, including a complete ban from Jasper National Park, $1,000 cash bail, a strict curfew and regular check-ins with police. In appealing for this arrangement, it was noted that the original allegations were more than one year old and that Falzon had been in custody since his arrest on April 2.

Judge Norheim was not convinced that the accused would adhere to any conditions placed on his release.

“You have shown by your actions that you are not prepard to follow conditions,” the judge said. “I am satisfied that if you are released, no matter what conditions I apply you are likely to break them.”

Falzon’s next court date is scheduled for May 25.