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Court Briefs
Angler poured antifreeze in hole

Northern News Services
Published Wednesday, April 7, 2010

SOMBA K'E/YELLOWKNIFE - A Yellowknife man was fined $500 on March 30 for two violations of the Fisheries Act, including pouring antifreeze into an ice-fishing hole at Prosperous Lake to keep the water from freezing over.

The man also pleaded guilty to leaving his fishing lines unattended on Feb. 25.

Under Section 35 of the federal Fisheries Act, it states, "No person shall carry on any work or undertaking that results in the harmful alteration, disruption or destruction of fish habitat."

First time offenders of this section can receive a maximum fine of $300,000.

Man drives drunk while disqualified

A 27-year-old man was handed a 30-day jail sentence March 30 to be served on weekends for driving while intoxicated and without a valid licence.

Police pulled the man over Feb. 3 at 2:25 a.m. after seeing him drive past numerous stop signs and a flashing red light and making turns from the wrong lane. Two breath samples showed the man was over the legal limit.

Crown lawyer Glen Boyd said the offence endangers "society as a whole" and the fact the man was driving with a suspended licence made the offence even worse.

"We're not dealing with a sober person trying to get to work," Boyd said of the man's disregard for his driving prohibition. "It does warrant a jail sentence."

Territorial court Judge Christine Gagnon agreed it was a "deliberate act of breaching the prohibition."

The man will be required to serve his time in jail from Thursday night until Monday morning each week until the 30 days is done. He was also given an additional two years' driving prohibition to be served after the original two years he was given for the previous offence.

Developer pleads not guilty for fence

Nova Builders entered a plea of not guilty March 30 for putting up a fence without a permit at the old Bartam Trailer Court site on School Draw Avenue.

The City of Yellowknife is taking the construction company, owned by Mike Mrdjenovich, to court over the height of the fence. The zoning bylaw does not require a development permit for fences under one metre in height but Nova Builders' fence on the old Bartam Trailer Court site is about two metres high. The developer applied for a development permit after the fence was erected, but the city denied approval.

Mrdjenovich was not in court Tuesday and was represented by his lawyer Sheldon Toner.

Nova Builders is expected to be back in court May 27.

$1,200 fine for drunk driving

A 24-year-old Yellowknife man pleaded guilty to drunk driving stemming from an incident this past February.

The man was pulled over Feb. 13 at 1:30 a.m. after RCMP observed a vehicle swerve in their driving lane. The accused continued for a few blocks before finally pulling over near Aven Manor.

The officer noticed the man had slurred speech and had a strong odour of alcohol on his breath. After being taken to the police detachment, a breath sample revealed the man had twice the legal blood-alcohol level.

Crown lawyer Glen Boyd said a "clear message needs to be sent" to the man and to others who may be thinking about driving while intoxicated. Defence lawyer Jay Bran said prior to the charge the man had no previous run-ins with the law and he was hopeful the incident was "simply a period of poor judgment."

Judge Christine Gagnon said the man was of "prior good record" and his early guilty plea showed "the accused is taking responsibility for his actions."

The man received a 12-month driving prohibition and a $1,200 fine, both mandatory minimum penalties in intoxicated driving cases.

The man told Gagnon he was "sorry for wasting the court's time" and that once he got his licence back he would make sure nothing like this ever happens again.

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