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In the Courts
September
12 , 2003
Community projects kept Iqaluit man out of trouble
An Iqaluit man with a history of assault convictions and facing sentencing
on seven counts of breaching an undertaking and one count of drug possession
told Judge Beverley Browne this week that he is trying to make a change in his
life.
Browne ordered Chris Henderson to pay a fine on the drug charge and sentenced
him to 60 days in jail for his repeated probation violations.
"There is an awareness, and his deeds seem to reflect this, that this
is not who he wants to be. He doesn't want to spend the rest of his life in
BCC," said Henderson's lawyer, Greg Nearing.
Nearing also invited Jonathan Dewar, the volunteer executive director of Iqaluit's
Qaggiq Theatre Company, to speak on Henderson's behalf.
Dewar said he worked with Henderson on the theatre company's "shutting
down" workshop, which was performed during the Canadian Association for
Suicide Prevention conference in May.
After the success of that project, Dewar asked Henderson to help him develop
youth programs for a contract with the Illitiit Society.
"He was talking at length about breaking the cycle," Dewar told the
court. "He worked very hard and showed great commitment."
He added that Henderson would likely continue to do well if programs were available
to keep him consistently out of trouble.
Henderson told the court that his work with Dewar helped him identify his goals.
"It made me see that there are other things better than alcohol,"
he said.
"I wish I could take Chris Henderson and other people and get them to
take alcohol off the top of their list of things that are important," Browne
said during her judgement. "If it's important to you to get involved and
help other young people, then let's put that at the top of the list."
September
12 , 2003
Judge strikes down motions in Mazhero civil case
Judge Beverley Browne struck down the first of several preliminary motions
in a civil matter launched by a former Chesterfield Inlet teacher against the
Government of Nunavut, the Federation of Nunavut Teachers and several other
defendants.
Francis Mazhero was fired from his job at Victor Sammurtok School after allegations
he sexually touched a student were proven to be false. His $2.6-million civil
suit contains claims of massive government conspiracy by a number of individuals.
But in her Sept. 8 oral verdict, Browne ruled against Mazhero in the first
of about 10 preliminary motions.
She said she found no basis for allegations of conspiracy against two GN employees,
and no wrongdoing on the part of a GN employee and a court clerk accused of
contempt of court.
"These actions should be reserved for the most flagrant violations,"
Browne said. "They were just doing their jobs."
She dismissed the matters and ordered Mazhero to pay the individuals' court
costs. She also asked all of the remaining parties to the lawsuit to submit
a one-page summary on how to expedite the case and proceed with the grievance.
"The grievance at the root of all these emotions is growing more and more
distant," she said.
However, Mazhero was considering an appeal before he even learned of the decision.
He refused to participate in a teleconference, saying he would prefer to read
the transcript of the oral verdict.
He argued that he was entitled to a written verdict and that a previous oral
verdict was complicating his appeal of another matter.
"Well, you will have to deal with that. I'm not going to deal with that
today," Browne said.
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