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Baker Lake man pleads guilty to grave desecrations
Defence lawyer says deaf-mute man may not understand some legal processes
Emily Ridlington Northern News Services Published Thursday, January 13, 2011
Bobby Suwarak, 40, pleaded guilty when he appeared in court on Jan. 11 to two counts of indecently interfering with human remains in Baker Lake. Suwarak, a deaf-mute man, was charged in September. The infractions took place in June. He communicated with the court through an interpreter using Inuit Sign Language, an informal Inuktitut-specific form of sign language that only a small number of people know how to use. He does not use the more commonly used American Sign Language. The interpreter sat in front of him and his defence lawyer Mandy Sammurtok during the proceedings. Suwarak would nod his head to indicate he knew what was going on and that he understood. Sammurtok told the court she was able to communicate with Suwarak through the interpreter and with the help of his cousin. But even with the help of the interpreter there were still challenges when it came to seeing if Suwarak understood the legal procedures. "He may not have in his vocabulary the word 'choice,' nor does he appear to comprehend what a pre-sentence report is," she said. His sentencing is scheduled for Feb. 22. Crown prosecutor John Solski said if Suwarak is convicted on one charge, the other will be stayed. He added the Crown will be seeking a jail sentence. The maximum penalty for indecently interfering with human remains is five years in prison. Solski said he imagines Suwarak will remain at the Baffin Correctional Centre until the matter is finished. Suwarak has appeared in the courts previously on other charges which were stayed. Dr. James MacDougall, an associate professor with the Department of Psychology at McGill University, has been following Suwarak through various cases since 1997. He is involved with the Canadian Deafness Research and Training Institute, and worked on a sign language interpretation system which Suwarak could use in court. It was funded by the Department of Justice. According to sections 14 and 15 of the Canadian Charter of Rights and Freedoms, sign language must be provided to have a fair trial. "It's something the criminal code and the law haven't been able to deal with effectively," said MacDougall.
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