R v Poplett, 2021 ABQB 319

Court of Queen’s Bench of Alberta Citation: R v Poplett, 2021 ABQB 319 Date: 20210421 Docket: 201293982U1 Registry: Edmonton Between: Her Majesty the Queen - and - Douglas Robert George Poplett Accused _______________________________________________________ Endorsement of the Honourable Mr. Justice B.R. Burrows _______________________________________________________ [ 1 ] Douglas Poplett applies for judicial interim release. [ 2 ] Mr. Poplett was arrested on December 11, 2020 at his residence in St. Albert, Alberta.

The arrest followed a warranted search of the residence during which the police found, amongst other things, a pistol grip shotgun with the serial number removed, two sets of brass knuckles, 1.5 ounces of methamphetamine with baggies and scales, identity documents in the name of a person unconnected to Mr. Poplett, and items which prior investigation indicated had been removed from storage lockers at a commercial self storage facility which had been broken into. The investigation linked Mr. Poplett to the removal of the items from the storage lockers and their transport to his residence. Mr.

Poplett was charge on December 11, 2020 with 20 offences relating to what the police found in his residence. [ 3 ] Mr. Poplett’s trial is scheduled for October 25, 2021. [ 4 ] At the time of these alleged offences, Mr. Poplett was on judicial interim release in relation to charges brought against him on November 12, 2020, just less than a month earlier. Those charges included possession of methamphetamine, and possession and use of stolen identity and bank cards. He had been released on a $1000 promise to pay with conditions. His December 11, 2020 charges include breach of those conditions. [ 5 ] Mr.

Poplett has a lengthy criminal record. It begins in 2004. The most recent entries are in December 2019. There are 67 convictions on the record. They are mostly fraud and property related. There are 16 convictions for failure to comply with release conditions.

[ 6 ] Mr. Poplett was denied release on the second ground at his bail hearing before a Provincial Court Judge on January 11, 2021. That denial was reviewed in this Court on February 25, 2021. His counsel submitted at that review that the circumstances had changed from when the Provincial Court Judge denied bail, because Mr. Poplett had been offered a bed at a drug treatment program. That offer was confirmed by a letter from the program. Michalyshyn J. dismissed Mr. Poplett’s application. [ 7 ] Before me, Mr. Poplett has attempted to improve his release plan.

It now contemplates that he would go into a different drug treatment program and when that is done, would go to the program that was before the Court at the February application and live there until his trial. I was advised that the drug program he proposes to go to first will not accept participants directly from jail – they must be living in the community, and that a place in the program would probably be available within about two weeks of Mr. Poplett’s release. The plan is that he would live with his wife in his residence till then and that his uncle, who lives nearby, would check in with him daily.

Two sureties, one of them the uncle, are willing to promise to pay $1500 each to secure Mr. Poplett’s compliance with release conditions (his last QB application contemplated one surety), and Mr. Poplett himself is in a position to deposit $4000 for the same purpose (his last QB application contemplated a $2000 deposit). [ 8 ] I was also advised that Mr. Poplett has recently dealt with the November 12, 2020 charges (para. [4] above). He was sentenced to six months incarceration which was satisfied by the time he has spent in custody since January 11. [ 9 ] Michalyshyn J. denied Mr.

Poplett release because: he saw no indication that Mr. Poplett was truly motivated to overcome his substance abuse problems; he interpreted Mr. Poplett’s lengthy criminal record as showing that his criminal propensities are not driven by drug use, and because: I can’t have much faith frankly that this is going to be some kind of an opportunity that Mr. Poplett’s going to actually take advantage of to turn himself around.

It is frankly just a little bit too convenient in the context of an attempt to get him out of remand. [ 10 ] I have considered whether the “improvements” to the release plan proposed in this application are sufficient to justify Mr. Poplett’s release. In my view, they are not. They rely on Mr. Poplett’s personal motivation to but aside drug use and to put an end to his apparent criminal lifestyle. That arrangements have been made for his participation in a recovery program does not satisfy me that those conditions have been achieved – just as they did not satisfy Michalyshyn J. in February.

I see no real change in the circumstances in that regard. And, in my view, that these charges arose when he was on judicial interim release on charges to which he has now pleaded guilty, very strongly indicates that the safety of the public would be in jeopardy if he were released. Further, his criminal record and the fact that several of the December 11 charges arise from the discovery of an allegedly “illegal” firearm in his residence, add significantly to the second ground concern. [ 11 ] Mr. Poplett has not met his onus on this application. I dismiss the application. Heard on the 19 th day of April, 2021.

Dated at the City of Edmonton, Alberta this 21 st day of April, 2021. B.R. Burrows J.C.Q.B.A. Appearances: C. Robertson for the Crown D. Wolsey for the Accused