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Woman banned from Franklin Avenue

Cara Loverock
Northern News Services
Published Friday, November 28 2008

SOMBA K'E/YELLOWKNIFE - A Yellowknife woman was banned from a lengthy stretch of Franklin Avenue when she was sentenced Tuesday for disturbing the peace.

Deputy Judge Michel Bourassa told the woman she could not be on Franklin Avenue between 55 Street and 48 Street for the next four months. The judge did not acknowledge that 55 Street does not intersect with Franklin.

She pleaded guilty to one charge of disturbing the peace and one charge of failure to comply with court conditions.

Reading the facts of the incident to the court, Crown prosecutor Mike Himmelman said on Aug. 6 the woman was on Franklin Avenue when she ran into a woman she knew and asked her for $10. The woman refused and the accused followed her shouting and swearing.

The woman went into A&W, the accused stuck her head in the door and continued to shout and swear. Shortly after, the accosted woman went to the Yellowknife RCMP detachment and reported the incident. Bourassa expressed concern for what kind of impression these type of incidents would have on tourists.

"They come here and they see that," said Bourassa. "They leave and God knows what they think."

He did not impose a drinking prohibition, recognizing that it was impractical to try to enforce a drinking ban on an individual who has a problem with alcohol.

"You are not to be on Franklin, drunk or sober," Bourassa told her. "The police see you there they can pick you up."

The woman stays at the Centre for Northern Families Women's Shelter located at Franklin Avenue, near 57 Street. She was also given a fine of $150, which she has the option of paying through community service.

Lydia Bardak, co-ordinator of community justice with the John Howard Society, expressed concern over the imposed ban.

"There are times when we would want to prohibit someone from entering a place," said Bardak, giving examples of someone stealing from a store or harming someone.

"When you start identifying huge geographic areas ... I'm not sure what the benefit is of that."

The woman will not be able to access four banks, the post office and other services located on the stretch of Franklin specified by the judge.

"How does that affect our rights of freedom of mobility in this country," Bardak asked.

She also said the building where most Alcoholic Anonymous meetings are held is no longer accessible to the woman given the ban.