Whitehorse Daily Star

Crime ‘strikes at the very roots of justice'

A Whitehorse man convicted of threatening people from jail has been sentenced to spend another 18 months behind bars.

By Justine Davidson on February 19, 2010

A Whitehorse man convicted of threatening people from jail has been sentenced to spend another 18 months behind bars.

Last week, Phillipe Lamarche was found guilty after trial of uttering threats and obstruction of justice for calling Garth Brown from his Whitehorse Correctional Centre cell block and warning Brown not to testify at the trial of Mark Pahtayken.

During trial, territorial court Judge Karen Ruddy heard that Pahtayken and Lamarche were housed in the same area of the jail.

Brown had received a number of other threats from friends of Pahtayken, but only recognized Lamarche's voice, court heard.

Brown told the court Lamarche called him and said he would be killed if he took the stand against Pahtayken, and if Lamarche couldn't get to him, someone else would.

In a victim impact statement given to the court, Brown said since receiving the threat, he can't walk down the street nor close his eyes to sleep for fear of being killed.

Lamarche also threatened two guards in the jail just days before he made the call to Brown.

During a scuffle with a number of the corrections officers, Lamarche admits to saying, "I'll get out in a couple of months. I'll get you guys in the streets. You don't know who you're dealing with.”

He also gestured as if he was going to throw a kettle of boiling water at the officers.

At his client's sentencing hearing Thursday, Lamarche's lawyer said the comment was made in the heat of battle.

After causing a ruckus in the cell block common room, Lamarche had refused to return to his cell.

The guards, clad in armour and holding Plexiglas shields, had struck him, then pinned him down. It was while he was under two guards that he made the threat, his lawyer said.

Crown prosecutor K.C. Komosky was less forgiving of Lamarche's outburst.

He pointed to the man's criminal record, which includes 83 prior convictions, not counting probation breaches.

Many of the convictions, which include assault, theft and uttering threats, come from his time in the Edmonton penitentiary, Komosky pointed out.

"It would appear Mr. Lamarche doesn't do well in custody. He does not abide by the rules of civil society, even when he is in jail,” he said.

Komosky recommended Lamarche be given 18 months for the obstruction of justice charge, plus another three for uttering threats.

This is on the higher end of the spectrum for verbally, but not physically threatening a witness, which Komosky said was appropriate because of Lamarche's long criminal history.

When it came time for Lamarche's lawyer to address the court, he began by saying that before speaking with his client, he had little hope for his rehabilitation.

But Keith Parkkari said that after hearing Lamarche's story, he thinks his client has a chance to make a new life for himself.

He recounted some of the formative events in Lamarche's life: two years spent in residential school in B.C., the death of his mother by his father's hands when the boy was seven.

As well, seven years were spent in foster care or living with extended family, and Lamarche was subjected to sexual and physical abuse.

His client does not use drugs, Parkkari said, but is heavily addicted to alcohol, and many of his crimes have been committed while under the influence.

As Komosky pointed out, however, there is no evidence Lamarche was using drugs or alcohol when he threatened the guards or Brown.

Parkkari called his client's extensive record "probably one of the most difficult issues for the defence to address.”

He pointed to Lamarche's father's history as a gang-related drug dealer, as well as his older brother's involvement in gang activity.

"He followed the family enterprise,” Parkkari said. "He never got a break from the get-go.”

Although Lamarche had nothing more to add before being sentenced, his partner came forward to address the court.

She said jail is extremely difficult for her partner, and that he sometimes call her six times a day to talk himself down from the frustrations he encounters there.

She told the judge she is currently pursuing an education at Yukon College and hopes Lamarche will be free by the summer so he can help support her and her two children, as well as his 12-year-old daughter, who lives in B.C.

Parkkari recommended his client be sentenced to eight to 12 months in jail, with a residential alcohol treatment program to follow.

The judge, however, agreed with Crown counsel's submission.

She sentenced Lamarche to 18 months' jail time for obstruction of justice, plus two months for uttering the threats.

His crime "strikes at the very roots of justice,” and the sentence must reflect that, she said.

Comments (11)

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Girl Uninterrupted on Feb 25, 2010 at 12:45 pm

Bearskin - 83 charges define someone who is now in a position of victimizing people. Someone who is comfortable living and perpetuating the cycle of victimization, violent or not. Have you ever have your house broken into?? That's a deep invasion of privacy and safety. Have you ever been assaulted? Its a traumatic event. Regardless of the nature of his convictions, he needs to be in jail to protect society, which he's adequately demonstrated with his recent actions.

You speak of healing and hope and opportunity. Are you at all aware of the many efforts the Department of Justice is making as a result of their multiple engagements and consultations to actually provide a First Nations focused rehabilitation and healing environment for those who have survived and been victimized?

Its rather outstanding work and I'd encourage you to visit their corrections action plan web site - you'll see a large groups of Yukoners, white and FN alike, making efforts to offer folks a better option in life - to help them help themselves. Men and women.

But I ask you, at what point, as an adult, abused or not, do we become accountable for our own behaviours and accept the treatment that is being offered?

At what point, do those of us who support, provide services, are socially responsible and active .. White and FN alike, get to see our efforts recognized???

I'd like to point out that *I* didn't perpetuate the residential schools, *I* am not ignorant, *I* am not a racist... I love and embrace anyone of any walk, culture or background. I work very hard as a social activist (in my personal time) for *human rights* - not white rights, FN rights.. Etc.

I'd ask that you examine your disdan for these "Canadians" that you suggest are "perpetuating ignorance" and ask yourself why you get this specific reaction so frequently.

Could it be that despite best efforts from those who were *never* directly responsible for the terrible actions around residential schools are feeling apathetic because nothing that we could ever do will ever make amends? A great amount of effort has gone into social change - its never recognized.

Your attitude toward our apathy is, in my opinion just as offensive to me as the apathy itself is to you.

Hang onto that hope - maybe one person at a time, on both sides of this opportunity can learn to live, love and heal.

You just have to want it.

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bob vibert on Feb 24, 2010 at 11:54 pm

Yes I agree that many people were wronged during their childhood and early life many times over. But the Bottom Line remains, the one mentioned in this article made 83 bad 'choices'?

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Bourque Bearskin on Feb 23, 2010 at 10:03 am

We'll isn't this convenient- victim blaming. When is the Canadian society wake up to the cultural genocide that occurred in our country. The multi-generational impact these policies have on individual who are trying to survive. When you learn survival skills needed to grow up in a home where the abuser (white) tries to beat and exploit young innocent Indian children what else do they know. Those skill transfer to adulthood. Yes, some of us survive and some of us are controlled by a system that does not value or recognize the past harms, rather we have a system that continues to perpetuate these same assimilation policies. Unless you have been inside you do not know what happens. Our jails are full of people such as this who sometimes get 83 often most minor charges related to survival and not human suffering and violence. Keeping them penned up in a pen controlled is not the answer. I wonder if this make them more angry. Making them accountable and provide opportunities for healing are greatly needed. No excuses,just action and greater understanding that what you read in the paper is socially constructed so that you think a certain way. so i hope those of you who buy into the notion of "putting this dog out of his misery" feel happy that you are being controlled to think a certain way and blame the victim instead of looking at our system. I guess it is easier that way instead of taking up issue with your critical lens. Find out that the system is not designed to help. Just curious what do we do with the lady who killed her own two young children???? Lastly, still have hope! Despite the ignorance that continues to be perpetuated by Canadians!

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mosi on Feb 22, 2010 at 11:08 pm

Quit blaming Residential School experiences for ones' behaviour in life.

We have ALL attended some sort of school

of Hard Knocks at one time or another. Get over it. We make choices of what we do with or how to overcome our bad experiences. Choices.

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Arn Anderson on Feb 22, 2010 at 9:57 am

The Yukon justice system is a crime onto itself and thats the way people like it. North America has been rotting and wasting away for years, take a look at all of the branches of gov't. Nuff said.

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bobby bitman on Feb 22, 2010 at 8:53 am

It sounds like this guy might be going through alcohol withdrawal, in addition to having a life pattern of gang mentality as his main operating system. He needs a whole lot more than 18 months x one third. (Eligibility for parole I believe is at one third of the sentence with mandatory parole at 2/3rds).

What he needs is about 24 months of solid re-hab, but it won't work unless he wants to work it.

When his girlfriend says she wants him out so he can support her and the child, what does she mean by this? Has he ever had a job? How does he support them? Perhaps she could support HIM by suggesting that he get cleaned up and sober.

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Thomas Brewer on Feb 22, 2010 at 6:35 am

Some people will never learn, nor be rehabilitated.

Someone should put this bad dog out of our misery.

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Don McKenzie on Feb 21, 2010 at 2:52 pm

83 convictions, eh? When do we give up on this guy, and others like him, and throw away the key? When does the safety of society get top billing?

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JC on Feb 19, 2010 at 11:57 am

"Crime strikes at the very roots of justice". What a freakin laugh! The perp gets 18 months plus 3. The 3 is automatically knocked of for concurrent. Then with all the other loop holes are adde in, a year is taken off that. Then two thirds to serve, the perp's actual sentence is 4 months. So, society gets a 4 months reprieve. When this guy eventually kills or hurts someone real bad, then the braianiacs will sit around the table and try to figure out what went wrong with the system. Same old, same old.

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Girl Uninterrupted on Feb 19, 2010 at 11:53 am

WAY TO GO RUDDY!!!!!

Finally, someone on the judiciary opens their eyes and stops taking excuses! Its about time someone started acting back toward these guys/gals who think that because they had it tough they get a free ticket to do whatever they want to in society.

Its all about choice- you choose to wear and live your past or let your addictions own you... There are far more resources available to folks in the North than one would think, and even more so if you're a residential school survivor. Believe it or not, there are a ton of people who want to see even the hardest, meanest, nastiest people succeed.

Beyond that, there are people who've had it just as tough and they've chosen the path of the righteous because of a basic understanding between wrong and right. If this guy wa so hard done by, and treated so badly during his life, he should understand what it feels like to be victimized - empathy can be a powerful tool... In some cases.

Too bad this guy won't change. It doesn't sound like he wants it (particularly if he's so "frustrated on a daily basis"). Some people just can't stop worrying about everyone else and focus on their own rehabilitation - and that's tough luck when the judicary finally wakes up.

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john on Feb 19, 2010 at 9:45 am

83 prior convictions? its amazing why nutso's like these stay in the comfort of wcc. Send them to the pen and out of the yukon

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