Kevin Wilson
Northern News Services
Yellowknife (Apr 23/01) - Operation Guiness chalked up another victory last Wednesday, as territorial court Judge Michel Bourassa sentenced a Yellowknife man to 90 days in jail.
David Lee Stuparyk pleaded guilty to three counts of trafficking and possession for the purposes of trafficking narcotics.
Stuparyk's wife, Valerie had similar charges against her withdrawn.
Court was told that Stuparyk was approached by a civilian police informant in April of last year. The informant asked to purchase two ounces of marijuana, which Stuparyk agreed to sell to him for $750.
Stuparyk subsequently met with the informant again in July.
This time, the informant was authorized to wear a wiretap and recorded a transaction in which Stuparyk sold him half an ounce of marijuana for $180.
On November 15, while the Operation Guiness takedown was in full swing, court heard that officers executing a search warrant entered the Stuparyk household and, "found approximately six ounces of marijuana, 15 grams of marijuana resin, cash, a cell phone, pager, knives and a propane torch."
Crown Attorney Sue Kendall argued for a sentence of between four and six months, arguing a period of incarceration would act as a deterrent.
In requesting a conditional sentence, defence lawyer James Brydon noted that his client had no previous criminal record.
Brydon told the court that Stuparyk used marijuana as an "analgesic" to help him sleep after he suffered a back injury.
Arguing that Stuparyk's sold pot to "subsidize his own use," Brydon insisted that "this was not a case where someone has been dishing out (drugs) to the local elementary school."
In a sometimes spirited exchange with Judge Bourassa, Brydon suggested that Canada's drug laws are ineffective.
"To be perfectly blunt, it isn't working," he said.
Bourassa eventually sentenced Stuparyk to 90 days in jail, with the first six weeks to be served immediately. The remainder will be served on weekends beginning in June. He also fined him $1,000.
"(Stuparyk) was aware," of what he was doing, Bourassa said. "He's not a stupid individual."
The judge added that Stuparyk "used his good character" as a cover for his drug dealing.
"He'd be the last one anyone would think of," the judge said.
After sentencing, Brydon said he wasn't surprised at his client's jail term.
"He basically got what I expected he would get," said Brydon.
Calling Canada's laws on drugs "stupid", Brydon also said that most of the drug cases he argues are "a fundamental waste of time, unfortunately."
Brydon said the Crown withdrew charges against Stuparyk's wife because of an agreement between him and the Crown, and "because they didn't have anything on her."
