R. v. Smallboy, 2018 BCPC 383

Citation: R. v. Smallboy 2018 BCPC 383 Date: 20181217 File No: 233320-7-C Registry: Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. RICHARD ALLAN SMALLBOY EXCERPTS FROM PROCEEDINGS REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE P. DOHERTY Counsel for the Crown: O.L. Bick Counsel for the Defendant: M.K. Gervin Place of Hearing: Vancouver , B.C. Date of Hearing: December 17, 2018 Date of Judgment: December 17, 2018 Introduction [ 1 ] THE COURT: These are my reasons for sentence for Mr. Smallboy, a youthful First Nations person with no criminal history.

His offence involved acting in a subservient role to a mid-level drug trafficker, Mr. Ranu. Mr. Smallboy assisted in supplying heroin and

fentanyl to an undercover police officer (the "UCO") between mid-December 2014 and January 31, 2015. [ 2 ] The Crown submits that a three-year jail sentence is appropriate, while the defence submits that a suspended sentence or alternatively a shorter jail sentence is appropriate. However, after reading the Gladue report filed in these proceedings, the Crown counsel fairly, in my view, modified their position to an 18- to 24-month prison term. The issue [ 3 ] After considering Mr.

Smallboy's First Nation background and his efforts at rehabilitation, does he fall within the category of exceptional persons which would allow me to depart from the usual sentencing range for these types of offences? If so, what would be a fit and appropriate sentence in the circumstances? Facts [ 4 ] On October 24th, the Vancouver Police commenced an undercover drug operation that targeted a high-level supplier of fentanyl and heroin. These drugs were being sold on Vancouver's Downtown Eastside. The police focused on Mr.

Ranu, who turned out to be the distributor for the producer of these drugs. [ 5 ] On December 18, 2014, after visiting what police believed to be a stash house, Mr. Smallboy met up with the UCO on the instructions of Mr. Ranu, and he gave the UCO a package of heroin and one fentanyl pill which Mr. Smallboy explained to him was "oxy." The UCO gave Mr. Smallboy $3,200 in return. [ 6 ] On January 6, 2015, after the UCO had a conversation with Mr. Ranu about future drug transactions, Mr. Ranu and Mr. Smallboy attended the stash house and then the two met the UCO in a taxicab. Mr.

Smallboy gave the UCO a package containing 1,000 fentanyl pills and received $16,000 in return. [ 7 ] On January 26, 2015, another exchange of 1,000 fentanyl pills occurred. Mr. Smallboy gave the UCO 1,000 pills for $16,200 in cash, with Mr. Ranu present. This meeting involved Mr. Ranu providing substantial advice to the UCO as to how to avoid the police. Mr. Smallboy participated in a minor way in this conversation. [ 8 ] There were other transactions between the UCO and Mr. Ranu in which Mr. Smallboy did not participate. It was clear that the transactions with the UCO were all orchestrated by Mr. Ranu with Mr.

Smallboy playing a subservient role to him. In the transactions he was involved with, Mr. Smallboy appeared to be the person that handled the drugs and the money for Mr. Ranu. [ 9 ] Mr. Smallboy was arrested at the stash house the following day. Fentanyl pills, cocaine, and heroin were located within the house at the time of the arrest. Mr. Smallboy had a key to this house. [ 10 ] As part of the materials filed by Crown as Exhibit 2 in this sentencing hearing, the impact of fentanyl on the community in Vancouver and elsewhere in Canada has been thoroughly documented.

The Crown has included at Tab 1 of Exhibit 2 a report addressed to Crown counsel dated July 25, 2016, by Dr. James Kennedy. The subject of this report is noted by the author as "Fentanyl uses, abuse, and toxicity." The report explains the potency of fentanyl as a key risk factor contributing to overdoses. The effects of small quantities of fentanyl can have lethal consequences. [ 11 ] Compared to other opioids, fentanyl is far more likely to create a lethal suppression of breathing.

Exposure to fentanyl, even by skin contact, for a prolonged period of several minutes could be hazardous to medical staff or emergency responders. Fentanyl is a highly-addictive substance and it cannot be detected by a layperson when it is mixed into another substance such as heroin or oxycodone. [ 12 ] The Crown has also provided documents prepared by the B.C.

Coroners' Service providing reliable statistical information on the dramatic increase in overdoses linked to the illicit use of fentanyl in British Columbia. [ 13 ] There were 914 overdose deaths from the apparent use of illicit drugs in British Columbia during 2016. This was an increase of 79.2 percent from the number of overdose deaths recorded in 2015.

In the month of December 2016, there were 142 overdose deaths in B.C., the highest monthly number that has been recorded. [ 14 ] Fentanyl overdoses have led the Provincial Health Officer to issue a public health notice on April 14, 2016, using the provisions of s. 52(2) of the Public Health Act to provide medical health officers with additional powers in an attempt to improve the medical response to this public health crisis. The background of Mr. Smallboy [ 15 ] A comprehensive Gladue report has been filed for me to consider. The following is a brief

summary of the material points about Mr. Smallboy for sentencing purposes. [ 16 ] Mr. Smallboy is presently 27 years of age and was 24 at the time of the offence. Before this matter, he had no criminal record. Both his parents are from First Nations communities. His mother is Cree from Alberta and his father is Ojibwe from Ontario. [ 17 ] During his early years, he grew up on the Hobbema Indian Reserve in Alberta. His maternal grandparents, as did his mother, attended residential schools. All were poorly treated at the school, being both physically and sexually abused.

The abusive, authoritarian nature of the school affected how each parented their children. This unfortunate legacy has directly and adversely impacted the upbringing of Mr. Smallboy. [ 18 ] As a child, he was often left with caregivers who openly consumed alcohol and controlled substances. Many of these caregivers trafficked in controlled substances for a living. He was exposed to the suicides of many family members. He was not properly supervised and often missed school between the ages of nine and 11.

[ 19 ] Not surprisingly, during this time he started acting out. He was sent to live with his father in Vancouver, who has been described as a functioning alcoholic who had previously served an 11-year sentence for a violent offence. However, his father subsequently obtained his LLB from the University of British Columbia. [ 20 ] At the age of 13, Mr. Smallboy ran away from his father's care and was homeless for a year and a half, he eventually moved in with relatives and managed to complete Grade 9, but he then dropped out of school in Grade 10.

Until the age of 21, he has lived with various relatives in unstable housing, since these relatives were often evicted from their residence for using crack cocaine and for failing to pay rent as a result of a gambling addiction. [ 21 ] He has consumed alcohol on a regular basis from the age of nine. He started using cocaine at the age of 11, and then at 15 he began using MDMA, which he became addicted to and remained addicted until the age of 24. [ 22 ] At the time of the offence, he was abusing cocaine, MDMA, and alcohol on a regular basis. He was living with his mother, brother, and nieces.

His mother was battling a gambling addiction and was not working. The family was living in poverty. He became involved in this drug dealing operation to help support his family and his addiction. [ 23 ] Just before his arrest, he attempted to commit suicide by consuming a large amount of alcohol and Percocets. He did this because he believed, incorrectly, that he was HIV positive and that he had passed on the virus to another partner. His brother John [ 24 ] Mr. Smallboy, before his arrest, took responsibility for helping raise his younger brother by six years, John.

John suffered from an intellectual disability, a substance abuse disorder, anxiety, and depression. Mr. Smallboy's high school counsellor described their relationship as such [as read in]: I have never seen another sibling take responsibility for their sibling the way that Richard did. [ 25 ] She went on to describe John as "the most intensive mental health case I dealt with in my job." [ 26 ] Mr. Smallboy found a place for his brother John to reside in a recovery house and he informed the caregivers there of his brother's significant addictions.

Unfortunately, his brother died of a fentanyl overdose in September of 2016. It appeared to Mr. Smallboy that his brother had been consistently abusing drugs while at the recovery house and, as a result, he feels tremendous guilt over his role in placing his brother there. [ 27 ] Shortly after his brother's death, he consumed a large quantity of alcohol and Percocets after work. He then tried to jump off an overpass, but was rescued by the police and hospitalized for a period of time under the Mental Health Act . Efforts at rehabilitation [ 28 ] He has been in counselling since May 2015 with Dr.

Hansen [phonetic] and, following his brother's death, he attended sessions on a weekly basis. He also attends regular counselling with Ms. Varga [phonetic] at the Native Court Workers' Program. [ 29 ] He was candid with the court that since being arrested for the offences, he has had a number of relapses by abusing both alcohol and drugs. However, he has been clean for at least the past six months.

He has attended many cultural events in his First Nations community, including treaty days, sweats, pipe ceremonies, powwows, sun dances, and ghost dances. [ 30 ] He has travelled to Alberta on a number of occasions to attend ceremonies where he has supported his relatives in their attempts to heal by participating in First Nations ceremonies. [ 31 ] It is clear from reading the report that he views it as essential for his recovery to immerse himself within his First Nations culture.

He has successfully completed an Outward Bound indigenous instruction course where he was taught survival skills in the Canadian wilderness. As part of the program, he learned many leadership and educational skills. He has obtained certificates in Canadian wilderness medical training, paddling skills, and life saving. [ 32 ] During the sentencing hearing, I was informed that the manager at Outward Bound is hopeful that Mr. Smallboy can work for their program as an instructor within the indigenous program.

However, he must complete one more course before he is able to do this. [ 33 ] Perhaps most significantly, he has recently successfully completed the Round Lake treatment program. The program has, for quite some time, been a highly regarded facility by the courts in this province. It has a focus of healing First Nations persons with a strong grounding in First Nations traditions. [ 34 ] Mr. Smallboy's discharge

summary report from the centre remarks that he must continue to address his sense of abandonment and anger from his childhood. The report concluded that his sobriety is quite stable as he completes his treatment. He plans to return to the centre in four months, if possible, for a follow-up with the centre. [ 35 ] His life has been on hold awaiting the outcome of this sentencing. However, he plans to continue his education with a goal of learning business skills and he eventually wishes to attend law school. Aggravating and mitigating factors [ 36 ] The Crown has fairly characterized the aggravating and mitigating factors in this matter. Aggravating 1) the drugs involved here are CDSA

Schedule I opioids;

2) the type of trafficking Mr. Smallboy assisted in involved a significant amount of drugs and can be described as being at themid-level of trafficking; 3) he assisted in three transactions on behalf of Mr. Ranu; 4) some of the pills trafficked were mislabeled as "oxy" when in reality they contained fentanyl. Mitigating 1) Mr. Smallboy has no criminal record; 2) he is a youthful offender, he was 24 at the time; 3) he is a First Nations person; 4) he was addicted to opiates at the time of sentencing.

General sentencing principles [37] The principles of sentencing are set out in ss. 718 to 718.2 of the Criminal Code. The principles of denunciation and deterrenceare of primary importance for an offence of this nature. Madam Justice Bennett stated in R. v. Voong, 2015 BCCA 285, that no onesentencing principle trumps another, but there are offences and circumstances where "one or more principles [will] come to the forefrontand generally will be given more weight than others." [38] Under 718.1 of the Code, it is codified that the courts must impose a proportionate sentence.

That is a sentence that is relativeto the degree of responsibility of the offender and the gravity of the offence. [39] Proportionality in sentencing has been described as the essence of a just sanction and a principle of fundamental justice under s.7 of the Charter: see R. v. Ipeelee 2012 SCC 13 , [2012] 1 S.C.R. 433 at paragraphs 36 through 37. First Nations offenders [40] 718.2(

e) of the Criminal Code reads as follows: A court that imposes a sentence shall also take into consideration the following principles: . . . (

e) all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done tovictims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginaloffenders. [41] In 1999, the Supreme Court of Canada in R. v. Gladue, (SCC), [1999] 1 S.C.R. 688, recognized the crisis inour justice system which, over the years, had incarcerated First Nations offenders at a disproportionately high rate relative to theirpopulation.

The court recognized that there are factors and reasons beyond the justice system which has led to such an unacceptablesituation, but nonetheless courts were called upon as decision makers to examine sentencing options other than incarceration that couldstill address the sentencing objectives. [42] The hope by the court in Gladue was that this overrepresentation of First Nations persons would be reduced. Unfortunately,this did not occur. [43] The court in R. v. Ipeelee recognized this and determined that the over-representation of First Nations persons in jail has actuallyworsened.

There are many subsequent decisions that have considered Gladue and Ipeelee. Two authorities I have found very helpful inthis area are R. v. Morrisseau, 2017 ONCJ 307, and R. v. Sharma, 2018 ONSC 1141. Each decision is well reasoned and comprehensivein this area of sentencing. [44] Particularly illuminating was the chart found at paragraph 102 of Sharma which catalogues incarceration rates of First Nationsoffenders from 1978 to present in both federal and provincial institutions.

From my reading of the chart, the rates appear to have stayedthe same since Ipeelee, perhaps even increased in recent times. [45] Justice Gibson in Morrisseau eloquently analyzed the decision of Ipeelee and reached the same conclusion without the benefitof the chart.

At paragraph 59, he stated: [59] While recognizing that their decision in Gladue could not be expected to reverse all the negative momentum that drives thedisproportionate incarceration of Aboriginal people in Canada, the Court also noted that there appeared to be some fundamentalmisunderstandings and misapplications of Gladue that were impeding the positive impact it was meant to have had on the problem. [60] In Ipeelee, the Court identified three areas of resistance to positive change. The first was the mistaken belief that sentencing isnot an appropriate means of addressing over-representation.

The second was a false belief that Gladue principles provide what is"essentially a race-based discount for Aboriginal offenders.". Finally, the Court recognized that some decision makers may feel"providing special treatment and lesser sentences to Aboriginal offenders is inherently unfair as it creates unjustified distinctions betweenoffenders who are similarly situated, thus violating the principle of sentence purity." (Ipeelee, para.64.) [61] The Court tried to address these misunderstandings. Specifically, they affirmed that S. 718.2(

e) of the Criminal Code is aremedial provision that was designed to address the issue of Aboriginal over incarceration. It also explicitly recognized that the unique

history and experience of aboriginal people since colonization has created a situation where, in a broad range of circumstances, many aboriginal offenders may carry a diminished degree of moral culpability for their criminal conduct. [62] Unfortunately, in my experience as a sentencing judge, even after the release of the Ipeelee decision, I still see challenges to the effective implementation of Gladue principles and I struggle to see positive change. [63] The Court in Ipeelee emphasized that S. 718.2(

e) of the Code "does more than affirm existing principles of sentencing, it calls upon Judges to use a different method of analysis in determining a fit sentence for Aboriginal offenders". ( Ipeelee , para, 59, emphasis added). The Code , in particular, requires sentencing judges to "pay attention to the circumstances of Aboriginal offenders "because these circumstances are unique and different from those of non-Aboriginal offenders". ( Gladue , para, 37). [ 46 ] Justice Gibson then goes on to consider what does this type of different methodology look like for a sentencing judge?

He suggests it involves the recognition of a First Nations concept of justice, which includes the focus of resolving disputes and the healing of wounds created to restore social harmony (paragraph 69). [ 47 ] The offender can do this by apologizing directly to the victim, repairing the wrong committed, and by compensating the victim.

Justice Gibson also recognizes the important role of elders in making the offender accountable for his actions by ensuring that the offender recognizes publicly the shame he has caused to himself, his family, and his community as a result of his actions. [ 48 ] He concludes by warning of the dangers in failing to recognize the First Nations restorative ways in sentencing offenders.

At paragraphs 94 and 95, he states: [94] It should be obvious that a justice system alienated from Aboriginal people that responds to the symptoms of that alienation with harsh punitive actions will only lead to further alienation, loss of respect and ultimately, the need for [even] greater repressive actions. It is a cycle that has to stop.

Sadly, in our communities so many Aboriginal people have been incarcerated that that form of punishment is in danger of becoming less a source of shame for Aboriginal young people and more a rite of passage. [95] So, despite the challenges, our system of justice must become more adept at formulating restorative dispositions. This will require all of us to be more flexible in our approach and avoid the paradigms that lock us into primarily punitive approaches to the sentencing . . . Range of sentence for this offence [ 49 ] Both counsel have provided a number of authorities in support of their different positions.

Counsel for Mr. Smallboy cited a number of cases which I have filed as an exhibit in these proceedings. Counsel for the Crown also cited a variety of cases from British Columbia, as well as other provinces, and I have also included the Crown's index as part of this sentencing. [ 50 ] Some of the authorities cited by the Crown reflect a range of sentence which provide for lengthy periods of incarceration for mid-level traffickers of fentanyl. Jail sentences of three to six years seem to be common in Ontario. [ 51 ] The courts in British Columbia also reflect penitentiary-type sentences for mid-level traffickers.

For example, in R. v. Toth , 2017 BCSC 501 , Madam Justice Ker sentenced a mid-level fentanyl trafficker to three years in jail. He was the principal of the operation and had a loaded firearm and a large amount of cash at his residence which he shared with his wife and child. However, he was of First Nations ancestry and had made some efforts at his rehabilitation at the time of his sentencing and he had strong family support. Justice Ker found that his level of blameworthiness warranted a three-year penitentiary sentence. [ 52 ] I do see Mr. Toth's level of involvement as greater and more sophisticated than Mr.

Smallboy's, but nonetheless the case illustrates the dim view that courts take of the crime of trafficking in fentanyl. This view was made crystal clear, of course, in the BCCA decision of R. v. Smith , 2017 BCCA 112 , which analyzed the growing public awareness of the lethal danger of fentanyl as it became more available in the illicit drug market. [ 53 ] Commencing in 2015, an offender drug trafficker may be presumed to be aware of the deadly harm caused by trafficking in fentanyl.

This would certainly be the case if the offending behaviour occurred in 2016: see paragraphs 60 and 61 of Smith . [ 54 ] In such circumstances, a first-time street-level trafficker could expect to receive a sentence between 18 months to three years in jail, absent exceptional circumstances. [ 55 ] Mr. Bick submitted that at the time of Mr. Smallboy's crimes, he could be viewed as being aware of the harms caused by fentanyl. However, Mr.

Bick went further and submitted it would not necessarily be the case, given the timing of the offending behaviour. [ 56 ] Given his youth, addiction, and lack of sophistication at the time of these offences, I am not prepared to find that Mr. Smallboy was aware of the disastrous effects of fentanyl on the community at the time of the offence. [ 57 ] Not all courts have imposed significant jail sentences for mid-level traffickers. In the case of R. v. Lopez , 2016 BCSC 2543 , Justice Gray sentenced a youthful mid-level trafficker of MDMA with a prior criminal record to a suspended sentence of three years.

The judge placed great weight on his substantial efforts at rehabilitation and found that a jail sentence would do him more harm than good and that "the public would be better served by a non-custodial sentence". [ 58 ] Perhaps the most divergent range of sentence is actually found within the case before me. The person that was responsible for producing the fentanyl that Mr. Smallboy gave to the UCO, Mr. McCormick, received a global sentence of 14 years' imprisonment. The Crown had sought an 18-year sentence.

The sentence included a five-year sentence for fentanyl trafficking in January/February of 2015 in Vancouver.

[ 59 ] Mr. McCormick had a serious record which was related to the offences he was being sentenced on and he offended by producing more methamphetamine while on bail. Not surprisingly, Judge Craig gave primary emphasis in the sentence to the principles of deterrence and denunciation for this egregious pattern of offending by Mr. McCormick. [ 60 ] In contrast, Judge Bahen gave Mr. Khan, the cab driver who facilitated the meetings between the UCO, Mr. Smallboy and Mr. Ranu, a suspended sentence and probation for two years. The Crown had sought a six-year sentence for Mr. Khan.

Judge Bahen considered the limited role of Mr. Khan in the transactions and his limited gains for participating which essentially involved inflated taxi fares. He also considered the significant collateral consequences which Mr. Khan's family would experience if he were sent to prison. [ 61 ] I view Mr. Smallboy's blameworthiness more akin to Mr. Khan's rather than Mr. McCormick's. Analysis [ 62 ] I have given considerable thought to the appropriate sentence for Mr. Smallboy. Sitting as a judge at 222 Main Street in Vancouver, I am unfortunately able to witness first-hand the evils of drug trafficking.

I hear the regular sirens of the emergency vehicles dispatched in attempts to save people from overdosing, which is more and more often due to them being poisoned by black market fentanyl. [ 63 ] I am also aware of the poor, disadvantaged souls who wander the streets in this neighbourhood in their drug-induced stupors with lives devoid of hope and quality. [ 64 ] Madam Justice Bennett in R. v. Voong clearly stated that denunciation and deterrence must be primary considerations in sentencing drug traffickers.

She did recognize that, in exceptional circumstances, offenders may warrant a sentence lower than the usual range and, in Voong , a suspended sentence was given to two dial-a-dope drug traffickers. [ 65 ] When I consider Mr. Smallboy's matter, I characterize him, though while being at the mid-level of drug trafficking, as one who played a subservient role to Mr. Ranu. Mr. Smallboy offended while he was in the throes of addiction and poverty.

I see him as a young and gullible person at the time of his offence. [ 66 ] Much has changed for him in the past four years since the offence within his personal life, and those changes, both good and bad, are very influential in arriving at a fit sentence for him. [ 67 ] In this analysis, I must be careful not to isolate his First Nations heritage from the overall analysis. Mr. Justice Hill in R. v.

Sharma stated at paragraph 69 : [69] A sentencing court is advised to integrate consideration of the [relative] background of an Aboriginal offender into the overall sanction analysis – not on a piecemeal basis, for example by adjusting a determined fit sentence and then applying Gladue principles . . . [ 68 ] I have decided, after considering the Gladue factors, including how they have impacted this young man, and the significant and commendable steps he has taken since the offence, that a non-custodial sentence is appropriate for him. [ 69 ] I must make it clear that I do not view this sentence as a reaction or a small answer to the over-incarceration of First Nations persons.

Rather, it is a sentence that is appropriate because it is one that Mr. Smallboy deserves, in my view, and one that is necessary to make him and his community whole again. [ 70 ] He is someone that has been directly and adversely impacted by the Gladue factors. His parents, his mother in particular, were products of the residential school system. They both suffered from addiction and despair. They were very ill equipped to be parents. [ 71 ] As a result, he was neglected often as a child. He witnessed suicides, consistent drug abuse, he experienced homelessness, and was often left on his own growing up.

He grew up in poverty and developed an addiction to alcohol and opiates. [ 72 ] He has tried to commit suicide twice. It is a wonder to me that he does not have at least a two-page record of convictions, as would often be the case with one who has experienced this tragic history. [ 73 ] I see his efforts to remain crime free while on bail commendable.

The assistance and support that he has given his family is also commendable and in part his role in participating in traditional ceremonies has demonstrated to me that he has begun to atone for his crime. [ 74 ] Tragically, personal circumstances have also punished him severely for being involved in the drug trade. He lost his brother, who he was trying to assist to recover from addiction, to a fentanyl overdose. Though he played no role in his brother's death, he nonetheless feels responsible, it is clear to me he is very well aware of the gravity of the crime he has committed.

He has very much internalized his offending behaviour. [ 75 ] He has taken substantial steps to overcome his addiction and the personal scars left upon him and his family as a result of racism and residential schools. He has done this by returning to his cultural traditions in healing and, most significantly, he has successfully completed the intensive Round Lake recovery program. He has been asked and he plans to work in the native component of the Outward Bound program.

He plans to upgrade his education and eventually attend law school. [ 76 ] I see him as seriously committed to remaining drug-free and to restoring balance to his community through his work with Outward Bound and its ceremonies. [ 77 ] He expressed true remorse to me in court when he addressed me. He is articulate and intelligent. I sincerely hope he realizes his goal of attending law school one day. He certainly has the potential to do so. [ 78 ] I am going to suspend the passing of sentence and place him on probation for three years. You can have a seat, that is fine.

[ 79 ] You must keep the peace and be of good behaviour. [ 80 ] You must appear before the court when required to do so by the court. [ 81 ] You are to report by 4:00 p.m. tomorrow, December 18, 2018, to a probation officer at 275 East Cordova, and thereafter as and when directed by the probation officer. [ 82 ] However, after the first year of your probation, you are to report only for the purposes of arranging and completing counselling and/or treatment, and for completing your community work service. [ 83 ] You must reside as directed by the probation officer and not change that address without the prior written permission of your probation officer. [ 84 ] For the first 12 months of this probation order, you must obey a curfew by being inside your residence or within 10 metres of the front door of your residence between the hours of 10:00 p.m. and 6:00 a.m. each day.

You must present yourself at the door to your residence or answer the phone when any peace officer or probation officer attends at your residence to check your compliance with this curfew condition. [ 85 ] You may be away from your residence during the curfew hours with the written permission of your probation officer. [ 86 ] You must carry the written permission when you are outside your residence during curfew hours. [ 87 ] You may also be away from your residence during curfew hours in the event of a medical emergency and then only while at a healthcare facility or when travelling directly to or returning from the facility. [ 88 ] Mr.

Registrar, did I say the curfew would last for the first year? [ 89 ] THE CLERK: For the first 12 months. [ 90 ] THE COURT: All right, thank you. [ 91 ] You are to complete 100 hours of community work service on or before May 31, 2010 [sic]. [ 92 ] THE CLERK: 2020? [ 93 ] THE COURT: 2020, sorry.

Thank you. [ 94 ] For the first 12 months of this order, you must not possess or consume alcohol or drugs, except in accordance with a medical prescription. [ 95 ] You must attend, participate in, and successfully complete any intake, assessment, counselling, or program as directed by your probation officer. [ 96 ] I understand that you are waiving any rights to items seized by the police in this investigation.

I am making a s. 109 lifetime firearms and ammunition prohibition order. [ 97 ] You are to provide a sample of your DNA on Thursday, December 20, 2018, to the Vancouver Police Department at 2120 Cambie Street, Vancouver, British Columbia, at 11:30 a.m. [ 98 ] There will be no victim fine surcharge. [ 99 ] Is there anything else? [ 100 ] MR. BICK: No, Your Honour. The -- there will be stays of proceedings on an information that is not before the court, so I will take care of that outside of court. [ 101 ] THE COURT: Okay. [ 102 ] MR. GERVIN: No, thank you, Your Honour. [ 103 ] THE COURT: All right.

Thank you both for your assistance. [ 104 ] MR. GERVIN: Thank you, Your Honour. [ 105 ] MR. BICK: Thank you, Your Honour. [ 106 ] THE COURT: Good luck to you. All right, make the best of this. (REASONS FOR SENTENCE CONCLUDED)