'Pay the money or go to jail': Michel Bourassa
Kevin Wilson
Northern News Services
Yellowknife (Apr 18/01) - A 52 year-old Yellowknife man pleaded guilty to breaching a probation order in territorial court on Tuesday.
Court heard that Roger Gaskin received a suspended sentence for uttering a forged document in 1998.
In lieu of a jail sentence, Gaskin was placed on probation for two years and ordered to pay restitution of $4,000. Gaskin complied with all aspects of the probation order, except for paying restitution.
Andrew Fox, Gaskin's lawyer, told Judge Michel Bourassa that Gaskin had been unable to hold "steady employment since the time of his conviction."
An exasperated-sounding Bourassa noted that in the course of two years, Gaskin had only managed to pay $42 of the money owed, and that was through an involuntary deduction while he was on social assistance.
"I don't see that as someone who has honestly discharged," their responsibilities, said Bourassa.
Fox shot back that Gaskin had three children to support, including an 11-year-old who needed braces.
"I suppose the Alberta government can get its money first," he told the judge.
"Does your client smoke?" the judge asked.
Fox replied that he did, but had reduced his consumption from three packs a day to one.
Before passing sentence, Bourassa shook his head and said, "In my view, it's simple; pay the fine or go to jail."
Bourassa sentenced Gaskin to one day in jail, and placed him on a probation of 10 months, in which he will have to pay $75 a month.
"If you don't pay that restitution," he warned Gaskin, "you will go to jail."
