Territorial Judge Donovan Molloy has occasionally been vocal about his views on lawyersSA国际影视传媒� sentencing submissions SA国际影视传媒� particularly joint submissions that a judge is often bound to accept.

As of Friday, however, he said he wonSA国际影视传媒檛 be doing that anymore.

SA国际影视传媒淚SA国际影视传媒檝e decided it is counterproductive and potentially dangerous to the administration of justice to pass judgement on my view of what the sentence should be,SA国际影视传媒� Molloy said in delivering his decision on a joint recommendation for a four-time domestic abuse offender on May 7.

Presented with the lawyersSA国际影视传媒� submissions the week prior, Molloy called the sentence unfit, SA国际影视传媒渂ut not so unfit to violate the threshold of Anthony-Cook and so ISA国际影视传媒檓 forced to accept,SA国际影视传媒� he said referring to R. v Anthony-Cook, the legal principle that says for a judge to overturn a joint position by lawyers, it would have to bring the administration of justice into disrepute, or be otherwise contrary to public interest.

SA国际影视传媒淚 am not making editorial comments in terms of what I view the sentence should be when Anthony-Cook tells me what the sentence is,SA国际影视传媒� the judge told the court.

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Molloy further remarked on critiques or SA国际影视传媒渟pirited exchangesSA国际影视传媒� that sometimes take place in his courtroom.

As a new judge in the territory, Molloy said heSA国际影视传媒檚 learning and evolving but always committed to doing the best job possible.

Having been appointed in February 2019 to the Territorial Court of the Northwest Territories, SA国际影视传媒淚 donSA国际影视传媒檛 have the experience yet, or the variety of experience, to meet the standards I have of myself,SA国际影视传媒� Molloy said.

The judge went on to acknowledge the dedication that lawyers bring to their work. Having worked on both the prosecution and defence sides of the courtroom, Molloy recognized SA国际影视传媒渢hat a lot more goes into preparing submissions than sitting back and playing referee.SA国际影视传媒�

SA国际影视传媒淚 donSA国际影视传媒檛 know the lawyers personally,SA国际影视传媒� he said, SA国际影视传媒渂ut my impression is that the people of the Northwest Territories are very lucky to have a bar of this calibre.

SA国际影视传媒淚 am a man of principle, and I donSA国际影视传媒檛 apologize,SA国际影视传媒� Molloy said, but SA国际影视传媒渋f, in my pursuit of adherence to principle, ISA国际影视传媒檝e made someone feel bad, thatSA国际影视传媒檚 something to be regretted.SA国际影视传媒�

Noting the mediaSA国际影视传媒檚 role in relaying judicial proceedings to the public, Molloy said that on cases where he does praise a lawyer, it is rarely reported by the press.

Returning to his decision on sentencing, Molloy suggested he ought to recuse himself and allow the matter to be adjudicated by another judge SA国际影视传媒� though he acknowledged the adjournment might leave the offender in custody for longer than the 36 remaining days the lawyers recommended.

Both Crown and defence lawyers Matthew Scott and Peter Harte SA国际影视传媒� appearing by telephone SA国际影视传媒� said they took no issue with the judge staying on the matter.

Molloy went on to accept the joint submission, sentencing the offender to 36 more days after accounting for time already served prior to trial. Once released, the guilty party will be on probation for 18 months and was ordered to have no contact with the victim.

During last weekSA国际影视传媒檚 hearing for the same man, Molloy indicated a longer sentence would be more fit for public protection, and to denounce the cycle of violence that Indigenous women face.

In delivering his decision, he told the court he SA国际影视传媒�(doesnSA国际影视传媒檛) generally think jail is the answer for everything.SA国际影视传媒�

SA国际影视传媒淥ne sometimes gets frustrated, because one doesnSA国际影视传媒檛 have many tools.SA国际影视传媒�

He restated his commitment to the equal treatment of all people and his hatred towards racism, but that SA国际影视传媒渟ometimes jail is the only viable option.SA国际影视传媒�

He told the man SA国际影视传媒� appearing by video from NSCC SA国际影视传媒� that his history of intimate-partner violence worries him, and that he hopes the offender will seek treatment when he is released.

SA国际影视传媒淚 can never in my life understand the depth of Indigenous peopleSA国际影视传媒檚 suffering in Canada,SA国际影视传媒� Molloy said. SA国际影视传媒淚f I had been subjected to the things that you have, I wouldnSA国际影视传媒檛 be sitting here, in fact, ISA国际影视传媒檇 be drinking too, probably.SA国际影视传媒�

SA国际影视传媒淕et some help, sir. Good luck,SA国际影视传媒� he told the offender.