R. v. Hardy, 2022 BCPC 237

Citation: R. v. Hardy 2022 BCPC 237 Date: 20220909 File No: 30766-1 Registry: Prince Rupert IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. CAMERON HARDY CORRIGENDUM TO THE ORAL RULING RE AMICUS CURIAE AND ENDORSED WARRANTS OF THE HONOURABLE JUDGE D. PATTERSON Counsel for the Crown: K. Schille Appearing by videoconference on behalf of the Attorney General for British Columbia: F. Zaltz Counsel appearing as Friend of the Court: A. Turton, K.C Place of Hearing: Prince Rupert , B.C. Date of Hearing: September 1 and 2, 2022 Date of Judgment: September 9, 2022 .

A Corrigendum was released by the Court on October 27, 2022. The corrections have been made to the text and the Corrigendum is appended to this document. [ 1 ] THE COURT: So I do not see a need to amend your order. I have read it. It is a little more fulsome than the oral order I made

on September 1. So what I am going to do is I am going to amend my order of September 1, 2022, and it will now read as follows. 1. This court orders that the Attorney General for the Province of British Columbia make arrangements to engage an amicus curiae to assist the court with respect to the trial of the accused on charges under s. 129 (

a) of the Criminal Code and the criminal contempt of court. 2. The amicus curiae is to be retained to: (

a) assist the court in assessing the evidence and testimony of Crown witnesses, including conduct cross-examination of witnesses where appropriate; (

b) make oral or written submissions on points of law, fact, or evidence relevant to those issues. 3. The amicus curiae must not: (

a) have a solicitor/client relationship with the accused or take instructions from the accused; (

b) provide legal advice to the accused and/or seek any instructions from the accused. 4. The amicus curiae may communicate by any means deemed appropriate with the accused and any of the parties in preparation for and in the course of fulfilling the tasks set out in paragraph 2. 5.

The amicus curiae shall have full access to any disclosure in furtherance of the tasks set out in paragraph 2, any evidence the Crown will present or other materials filed in the trial, any other materials sought by the amicus curiae relevant to the tasks that have already been disclosed by the Crown, and any other materials the court deems appropriate and necessary for the participation of the amicus curiae. 6.

The amicus curiae will keep confidential, from any person not participating in the criminal proceeding, all information and materials received pursuant to the appointment (the ”materials”), except that the amicus curiae may communicate with a person who also has access to the materials about any materials to which that person has access. 7. The amicus curiae may request or bring an application for production or disclosure of any further evidence the amicus curiae deems material and relevant to the issues in the trial. 8.

The requirement for the signature of the accused approving this form of order is dispensed with. [DISCUSSIONS BETWEEN COURT AND COUNSEL] [ 2 ] I will then appoint Andrea Turton Q.C. as the amicus in this case for both the substantive matter and for the contempt of court sentencing. [DISCUSSIONS RE ENDORSED WARRANT] [ 3 ] There will be an endorsed warrant in relation to the contempt of court. There will be an endorsed warrant in relation to the substantive obstruction charge.

I will change the endorsement on it to read that he may be released from police custody upon being told the dates returnable for court, place returnable for court, and time returnable for court in relation to both the contempt of court sentencing and the substantive obstruction charge. [ 4 ] I am going to also require that, in the affidavit of service, the individual who serves Cameron Hardy confirm in the affidavit of service that they verbally told him and were satisfied that he knows the date, time, and place for his next court appearances. (RULING CONCLUDED) CORRIGENDUM - Released October 27, 2022 In the Ruling Re Amicus Curiae and endorsed warrant dated September 9, 2022, the following changes have been made: [1] The cover page title should read: ORAL RULING RE AMICUS CURIAE AND ENDORSED WARRANTS [2] Paragraph 4 should read: I am going to also require that, in the affidavit of service, the individual who serves Cameron Hardy confirm in the affidavit of service that they verbally told him and were satisfied that he knows the date, time, and place for his next court appearances.

The Honourable Judge D. Patterson

Provincial Court of British Columbia