R v. Willard, 2023 BCPC 264

Citation: R v. Willard 2023 BCPC 264 Date: 20231012 File No: 113513 Registry: Kamloops IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REX v. ISAAC NURI STEVEN WILLARD ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE R. D. PHILLIPS Counsel for the Crown: A. Janse Counsel for the Defendant: J. Mitchi and J. Jensen Place of Hearing: Kamloops , B.C.

Date of Hearing: September 28, 2023 Date of Sentence: October 12, 2023 [ 1 ] THE COURT: Isaac Willard is before the court for sentencing having entered guilty pleas for Count 1, possession of a weapon for a purpose dangerous to the public peace or for the purpose of committing an offence; Count 3, an assault against K.J. and A.A. and Count 5, wilfully and without lawful excuse killed a dog which was kept for a lawful purpose. [ 2 ] With respect to the circumstances, all of the offences occurred on March 19, 2023, in the community of Chase, British Columbia, at the family home. At the time of the offence, Mr.

Willard was in a domestic relationship with K.J., the complainant. The two are expecting a child in November 2023, next month. The complainant, A.A., was a friend of the two and was in the family home at the time. The three young children of K.J., ages five, nine, and twelve, were also present in the home and in bed sleeping. However, the eldest child was awake. [ 3 ] At the time of the incident, K.J., A.A. and Mr. Willard were all consuming alcohol to the point of intoxication. A disagreement ensued between K.J. and Mr. Willard in the home. Mr.

Willard became agitated and placed a knife in his waistband while in the residence. This caused a commotion amongst all three. Mr. Willard went outside and began pounding the glass window of K.J.'s vehicle. He then threw a plant at the car window and started to rummage through the vehicle. [ 4 ] A.A. intervened. Mr. Willard then pulled A.A. by the arm and pushed her to the ground. K.J. also intervened and Mr. Willard pulled her by the arm and pushed her to the ground, as well. The family dog named Mercy was outside. Mr.

Willard grabbed Mercy and pulled the dog to the side and proceeded to stab the dog 14 times with a knife. The dog's cries were heard by the eldest child who was 12 at the time. He was afraid to look out his window, but clearly heard the dog's screams. They started loud and ended in a whimper. K.J. also heard the dog's screams and went outside to see Mr. Willard covered in Mercy's blood. She fled the home with the children. Mr. Willard was arrested later. He was found passed out in the home in an intoxicated state. Mr.

Willard has been in custody since April 20, 2023. [ 5 ] The Crown seeks a sentence of 12 months' jail with 18 months' probation on Count 5 and 60 days' jail for Counts 1 and 3 both concurrent to Count 5. The Crown is also seeking ancillary orders for DNA, a 10-year prohibition on Mr. Willard caring for or owning an animal or pet, and a firearm prohibition pursuant to s. 110 of the Criminal Code . [ 6 ] Counsel for Mr. Willard seeks a time-served sentence of approximately 6.1 months and a probation period of 18 months. I understand Mr. Willard has been in custody for 176 days.

With credit, that amounts to 264 days. [ 7 ] I will say at the outset that this offence involves abuse against two Indigenous women, one which is a domestic partner, and the use of a knife to kill the family dog in the presence of the children and witnessed by one, although not visually witnessed, but he certainly heard it. The circumstances are extremely egregious and extremely violent. [ 8 ] In terms of aggravating factors, Mr. Willard was subject to an 810 peace bond, at the time that prohibited him from possessing or consuming alcohol.

As the circumstances indicated, he was intoxicated from alcohol at the time of the offence and found passed out in the house by the police. [ 9 ] A second aggravating factor is violence against a domestic partner which is a statutory aggravating factor. [ 10 ] A third aggravating factor is violence against Indigenous women which is also a statutorily aggravating factor. In this case, both female victims are Indigenous. [ 11 ] Fourth, Mr. Willard has a criminal record for violence. In December of 2015, he was convicted for assault causing bodily harm and that was related to a domestic incident.

On October 2016, Mr. Willard was convicted of an assault causing bodily harm times two. This was not a domestic assault. However, the victim sustained serious injury. On November 18, there is an assault on his record and this involved a domestic partner. So, clearly, there is a history of violence with respect to Mr. Willard and that is clearly reflected, in his criminal record. [ 12 ] Lastly, a significant aggravating factor is that this was an extremely violent killing of a family dog, a member of the family, who Mr. Willard, in a fit of rage, stabbed 14 times. [ 13 ] In terms of mitigation, I accept that Mr.

Willard has always intended to take responsibility. This plea is before trial. I appreciate that it has taken some time to address some of the logistics, between counsel and Mr. Willard has been in custody waiting for his sentencing to occur. In any event, the early guilty plea has saved the family and the children from being re-traumatized from this event and reduced the cost to the court system should the matter have proceeded to trial. So there is certainly a mitigative side to all of this. [ 14 ] With respect to Mr.

Willard, I have gathered information through submissions of counsel and also through the benefit of a Gladue report. Mr. Willard is 31 years of age and Secwepemc. He is a member of the Neskonlith community which is a 30-minute drive from Kamloops. He attended the Business Program at TRU with the intention to help his mother who owned two businesses. Mr. Willard is also a Level 1 millwright and has worked a number of years in the rebar industry. In fact, Mr.

Willard has a job waiting for him on his release. [ 15 ] His father is Secwepemc, who, as noted in the Gladue report, was an abusive alcoholic and rarely home. Some of his abuse was directed at Mr. Willard and Mr. Willard's mother, and I will refer specifically to pages 3 and 4 of the Gladue report. At page 3, I note that:

Isaac stated he had a difficult relationship with his father during his upbringing because of his father's alcoholism. He said his father could be physically and verbally abusive when he was drinking, and advised [as follows]: My dad was abusive when I was young. Some of my early memories were of him yelling and holding me up by the neck. He drank my whole life and he is still a heavy alcoholic. He has been to rehab multiple times. A couple of times, at least, were probably for smoking crack. My dad might suffer from FAS. He is the smartest man I've ever met.

He can name every tree, every berry, every bird, but as soon as he has a drink, there's something wrong with him. It's like he's a child again. [ 16 ] As well: Isaac states and advises that he had a close relationship with his paternal uncle, M.S., who I understand has passed. He said that M.S., his uncle, attended residential school, as well, but rarely spoke of his experiences. He said M.S. was a father figure to him during his upbringing and advised, "He took me hunting and fishing, and we got firewood together." Isaac reports that he had a good relationship with his mother during his upbringing.

He said his mother worked multiple jobs during his upbringing, and advised, "My mom managed a bar and a liquor store when he was growing up. Later on, she owned a liquor store. And she worked very long hours.” [ 17 ] As well, on page 4 in reference to D.J.'s comments with respect to Mr. Willard's father. D.J. is Mr. Willard's mother: D.J. explained that C.W., w ho is the name of Mr. Willard's father, drank alcohol daily and he was verbally abusive when he was drunk. She advised that: C.W. was not so nice when he was drinking. C.W. drank so much that he was hospitalized.

He was bleeding from every orphis in his body and they had to chain him down. He would have short spurts of getting sober, but he’d always end up drinking again. Isaac worships his dad; he was always trying to please him and wanting his approval. Mr. Willard recalls his father relocated to Saskatchewan after his parents separated. He said his father started smoking crack-cocaine and continued to struggle with his addiction to alcohol. Mr. Willard advised, “He was in and out of rehab quite a few times. He stopped smoking crack after three years, but he’s never stopped drinking.” [ 18 ] Mr.

Willard was primarily raised by his mother who is non-Indigenous and, in her words, was a single parent who worked hard to provide for herself and her family. The need to work kept her out of the home a lot which Mr. Willard notes left him with feelings of neglect and abandonment from both of his parents. Mr. Willard's grandmother attended the Indian residential school in Kamloops, British Columbia. The passing of a favourite uncle, I have stated already, who taught Mr. Willard Secwepemc culture and traditions had a significant impact on Mr. Willard who, prior to the uncle's passing, was sober for one year.

The grief caused Mr. Willard to relapse. [ 19 ] I understand, as well, through submissions that Mr. Willard was a very good hockey player and may still be and has played many years with the local hockey team in Chase, British Columbia. [ 20 ] I turn now to the victim impacts. A.R. is a sister to the complainant, K.J., and aunt to the children. She had this to say to the court: March 19, 2023. Three little lives were changed forever. Isaac Willard brutally attacked and killed, Mercy. Mercy was my sister's dog and loving pet to her three children.

My oldest nephew, J.J., was awake in his room when he heard Mercy’s scream but was too terrified to look out the window. The other two children slept through most of what went on. After trying to protect these children from what had happened, the boys go to school and already there were stories and a video going around. Unfortunately my nephews were approached and asked what happened that night. This is something that will never ever leave their minds.

Drugs and alcohol were a factor in the events leading up to this but no one in their right mind, should be able to grab a puppy and stab her over and over again. [ 21 ] The maternal grandmother provided a victim impact statement in these proceedings. Her concern is the impact Mr. Willard's actions will have on her grandchildren and had this to say: I am the grandmother of 3 grandchildren whom lost their dog in the most unimaginable way. While Isaac was brutally stabbing their puppy outside their bedroom window, J.J. who is 12, heard the puppy crying. The other two, J.J. 9, [and] E.J. 5, slept thru it mostly.

This will be with my grandkids for the rest of their lives, not like Isaac who says he can't remember. There is a video of his actions of this night… [ 22 ] Mr. Willard's mother attended the sentencing hearing and expressed deep remorse for the actions of her son and the impact his actions have had on the children. [ 23 ] With respect to the case law regarding cruelty to animals, there has been a number of decisions provided to me by both counsel. I refer specifically to R v.

Carr , 2023 ONCJ 22 , at paragraph 42 , where the court states: The Criminal Code provisions respecting animal cruelty offences have changed significantly over the past fifteen years. Prior to 2008, the maximum sentence for causing unnecessary suffering to an animal was six months’ custody. In 2008, Parliament passed

An Act to amend the Criminal Code (cruelty to animals), S.C. 2008, c. 12. The amendments increased the maximum penalty for animal cruelty offences when the Crown proceeds by

summary conviction to 18 months’ imprisonment, and to 5 years imprisonment when proceeding by indictment For Mr. Willard, I understand the Crown proceeded by indictment.

In 2019, Bill C-75 increased the maximum penalty for all

summary conviction offences to two years less a day custody, including the penalty

section for Criminal Code

section 445.1 [ 24 ] From the case law, one can see that the views of society with respect to animal cruelty and the harms caused by this conduct has evolved and that the intentional infliction of pain, suffering, or injury to an animal is properly characterized as a crime of violence and that animals are sentient beings that are capable of experiencing pain and suffering. (See R. v. Chen , 2021 ABCA 382 , at paragraphs 33 to 35 .) [ 25 ] In R. v.

Carr at paragraph 52 , the court states that: These authorities make it clear that our animal companions are valued and respected as sentient beings who deserve our love and care. Acts of cruelty to them will be met with stern punishment. When that cruelty takes place in the context of intimate partner violence and is committed with the intent to cause emotional harm to the accused’s partner, or to exert control over her, the punishments will only increase. [ 26 ] In animal cruelty cases, courts have found deterrence and denunciation as paramount considerations.

This is evident in paragraph 39 of Chen , supra, where the court states: The purpose of deterrence is to discourage the offender and others in the community from committing the offence. Animals feel pain and suffer; they are not merely property and deserve protection under the criminal law. All animals not living in the wild, including companion animals, livestock, and animals in industrialized production settings, are under the complete dominion of human caretakers and are highly vulnerable to mistreatment and exploitation at the hands of those caretakers.

They are at the mercy of those who are expected to care for them and, unlike some other victims of crime, are incapable of communicating their suffering. Sentences for animal cruelty must reflect these realities, and the primary focus must be on deterrence and denunciation. [ 27 ] It is not my intention to provide a history of case law as it is clear the range of sentence has shifted from an upper end of six months to what is now a 12 to 18-month range of incarceration. In the rarest of cases, a conditional sentence order is granted. The rest are jail sentences.

Sentencing Principles [ 28 ] Sentencing is a highly individualized process requiring a delicate balancing of the various sentencing principles and objectives. As well, a sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender, (see R v. Suter , 2018 SCC 34 , at paragraph 4 , R v. Parranto , 2021 SCC 46 , at paragraph 44, and s . 718.1 of the Criminal Code .) [ 29 ] The nature and circumstances play an important role in the proportionality analysis.

Severity of a sentence depends on the seriousness of the crimes' consequences balanced with the moral blameworthiness of the offender, (see R v. Lacasse , 2015 SCC 64 , at paragraph 12 .) [ 30 ]

Section 718.04 of the Criminal Code states: When a court imposes a sentence for an offence that involved the abuse of a person who is vulnerable because of personal circumstances — including because the person is Aboriginal and female — the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence. [ 31 ] Pursuant to s. 718.2(a)(ii), "evidence that the offender, in committing the offence, abused the offender’s intimate partner or a member of the victim's family," is deemed an aggravating factor. [ 32 ] Pursuant to s. 718.2(e), with respect to Aboriginal offenders, a court that imposes a sentence shall also consider: … all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders.

Analysis [ 33 ] There are a number of decisions put before me by counsel. Some cases provided by the defence predate amendments to the Criminal Code which effectively increased the sentencing range for cases involving animal cruelty and identified specifically violence against Indigenous women and violence against a domestic partner as aggravating factors. [ 34 ] I find the circumstances surrounding the animal cruelty particularly aggravating. Mr. Willard stabbed the family dog 14 times with a knife before it died.

The screams from the dog could be heard by at least one of the children who at the time of the offence were in their bedrooms as the adults around them consumed alcohol and argued. This senseless and brutal killing of the family dog has had a traumatic impact on the children, the family, and the extended family. One could only imagine the grief of the children as they mourned the passing of their family member as they put it to rest. This will have a lasting impact on the children. They will likely never forget Mr. Willard's actions, will live in constant fear of Mr. Willard, and may never be able to trust Mr.

Willard again. [ 35 ] This is unfortunate because Mr. Willard and the children's mother, K.J., a complainant in this matter, are expecting a child in November. So the family will have to find some way to put this extremely violent episode behind them. This has to start with holding Mr. Willard accountable. [ 36 ] With respect to the animal cruelty charge, I find the actions of Mr. Willard to be at the upper end in terms of its brutality and collateral consequences, particularly regarding the lasting impact this violent act will have on the children in the future.

Although the offence included both domestic violence and animal cruelty, I am unable to find that Mr. Willard intended to kill the dog to exact some

kind of revenge or angst against the domestic partner. That evidence was not before me. I will say that things got elevated once Mr. Willard grabbed a knife and put it in his waistband. I understand both complainants were very aware and concerned at this point. However, there was no indication that Mr. Willard was going to use the knife on the dog. [ 37 ] The aggravating factors present in this case warrant incarceration followed by a lengthy period of probation, protecting the complainants and rehabilitating Mr. Willard. I find that Mr.

Willard's expression of remorse in the courtroom lacked insight into his offending behaviour and the impact the killing of the family dog has had on the children. To Mr. Willard’s credit he did express remorse in the context of the Gladue report where he states he is so sorry for what he did and he cannot believe what he did because he loves dogs as he has a dog of his own. I understand the dog he owns is with his mother and is also a family dog that has lived to an old age. [ 38 ] I note that the mother of the complainant who appeared and spoke at this sentencing found Mr.

Willard's expression of remorse in court lacking. True remorse came from Mr. Willard's mother who was also present and spoke during sentencing. [ 39 ] The assaults against the complainants, both of whom were Indigenous. One a friend and the other a domestic partner, consisted of a push to both with no significant injuries to either. The Criminal Code specifically identifies abuse against an Indigenous woman as an aggravating factor.

As well, the fact that one of the complainants is both a domestic partner and Indigenous attenuates the aggravated nature of this offence. [ 40 ] Given the extremely aggravating features of the offence, the court must give primary consideration to the objectives of denunciation and deterrence in sentencing. [ 41 ] The sentence that I impose is as follows. For the assaults against K.J. and A.A. set out in Count 3, the sentence will be 60 days' jail and that is concurrent to Count 5.

For the charge of possession of a weapon for a purpose dangerous to the public peace or the purpose of committing an offence as set out in Count 1, the sentence I impose is 60 days' jail that is concurrent to Count 5. [ 42 ] For the charge of cruelty to animals as set out in Count 5, the sentence that I impose is 12 months' jail followed by 18 months' probation. [ 43 ] I understand that Mr. Willard has been in custody for some time. When I apply the credit to those days, it amounts to 264 days. This leaves a remaining balance of 96 days for Mr.

Willard to remain in custody. [ 44 ] With respect to probation, it will be 18 months. I will go through the terms of probation. [ 45 ] Firstly, 2001, the compulsory condition -- Mr. Willard, you must keep the peace and be of good behaviour. You must appear before the court when required to do so by the court.

You must notify the court or your probation officer in advance of any change of name or address and promptly notify the court or the officer of any change in employment or occupation. [ 46 ] With respect to contact, 2002, you must have no contact or communication directly or indirectly with A.A., K.J., or the three children of K.J.

I will have some exceptions and that is with respect to K.J., and that will be 2002-A, the exception with respect to contact with K.J., is you may contact her in writing by email or text for the sole purpose of providing updates and information on the birth and wellbeing of the child that you are about to have and this includes -- and I will include -- and it is a modification to that Picklist term, clerks, is I will allow contact when the child is being born, but remotely through video. All right. So you can FaceTime Mr. Willard when the baby is about to be born, or is born. I will allow that.

A further exception is 2002-C, as allowed by a family or child protection order made by a judge or a master who has been given a copy of this order; and a further exception is 2002-H, under the supervision of a representative of Lii Michif, (LMO), in Kamloops, British Columbia. So if there is a representative there, I will allow the two of you to have contact and perhaps this is where you could start your relationship with the newborn child, but it has to be in that context. [ 47 ] 2005, no-go, Mr.

Willard, you must not go to any place where K.J. or the three children or A.A. lives, works, attends school, worships, or happens to be. If you see them or any of them, you must leave their presence immediately without any words or gestures. I will make an exception to that and that is with respect to K.J., and that is, 2005-C, as allowed by a family or protection order made by a master or a judge who has been given a copy of this order.

You must immediately file a copy of this order in any family or child protection proceeding in which you are a party or become a party; and 2005-I, if you are in the immediate presence of one or more of the following professionals after they have been given a copy of this order: (1) a counsellor; (2) a Family Justice Counsellor or any -- or a family dispute resolution professional; a representative of Lii Michif. Those are the exceptions with respect to the no-go. [ 48 ] All right, 2104, reporting, Mr.

Willard, you must report in person to a probation officer here in Kamloops Community Corrections within two business days after your release from custody unless you have obtained, before your release from custody, written permission from a probation officer to report elsewhere or within a different timeframe. After that, you must report as directed by your probation officer. [ 49 ] 2400, Mr. Willard, you must not possess or consume alcohol, drugs, or any other intoxicating substances, except with a medical prescription. [ 50 ] 2403, Mr.

Willard, you must not enter any liquor store, beer and wine store, bar, pub, lounge, nightclub, beer garden, or any other business from which minors are prohibited at any time by the terms of a liquor licence. [ 51 ] Now, I need to turn to you, Mr. Michi, with respect to this abstain from the liquor outlets, I understand his mother owns a liquor store; is that correct? Does he need to be there? [ 52 ] CNSL J. MICHI: Yeah, I didn't think that -- I wasn't sure if she still does and Ms. Jones just confirmed she doesn't own a liquor store anymore. [ 53 ] THE COURT: All right, I will not make that exception, then.

[ 54 ] CNSL J. MICHI: Thank you. [ 55 ] THE COURT: 2501, counselling, Mr. Willard, you must attend, participate in, and complete any intake, assessment, counselling, or education program as directed by your probation officer. This may include counselling or programming for alcohol or substance abuse and domestic violence. [ 56 ] 2610, no weapons, Mr. Willard, you must not possess directly or indirectly any weapon as defined in the Criminal Code . [ 57 ] During the period of probation, I will prohibit Mr. Willard from possessing a firearm. I understand that Mr.

Willard, is already prohibited from possessing a firearm from prior convictions. The Crown seeks a further prohibition pursuant to s. 110 of the Criminal Code and I have heard submissions from defence counsel seeking an exception pursuant to s. 113 of the Criminal Code . [ 58 ] Pursuant to s. 110 of the Criminal Code , I am prohibiting Mr. Willard from possessing a firearm for a period of 10 years with an exception as set out in s. 113 . I authorize the Chief Firearms Officer or the Registrar of Firearms to issue an authorization or licence or registration certificate to Mr.

Willard for sustenance purposes with the following terms and conditions: you may be in the presence of a person who is licenced to carry a firearm and assist them in a hunt, but you will not possess the firearm. While engaged in a hunt for sustenance purposes, you will not engage in a hunt if you are intoxicated. I think those are the exceptions I am going to make with respect to 113. [ 59 ] 2616, all right, Mr. Willard, you must not possess any knives, axes, or any sharp-bladed instrument used, designed to be used, or intended to be used to cut things.

The exceptions are: you can possess a knife when preparing and eating food; and for the purposes of lawful employment, while at or going directly to and from your place of lawful employment; if asked, you must provide your probation officer with the details of your location and hours of employment; and with the prior written permission from your probation officer; if you are given permission, you must carry it with you in paper or electronic format at all times when you possess any of these items outside of the place where you are living. [ 60 ] All right. Those are the terms of your probation, Mr. Willard.

Do you have any questions with respect to any of those terms? [ 61 ] THE ACCUSED: No. [ 62 ] THE COURT: All right, do you understand all of the terms, Mr. Willard? [ 63 ] THE ACCUSED: Yes. [ 64 ] THE COURT: All right, thank you. [ 65 ] There will be a DNA order. [ 66 ] THE COURT: Count 5 on Information Number 3513-KC-2 is a secondary designated offence. After considering the factors set out in s. 487.051(3) of the Criminal Code , I am satisfied that it is in the best interests of the administration of justice to authorize the taking of samples of bodily substances from you.

The samples will be taken from you while you are in custody and you must submit to the taking of those samples. [ 67 ] With respect to the animal cruelty, pursuant to s. 447.1(1) (

a) of the Criminal Code , Mr. Willard, you must not own, have custody or control of, or reside in the same premise as an animal for a period of 10 years. The one exception will be with respect to the dog that you own with your mother, who I understand is an old dog and nearing the end of his days already. [ 68 ] That is the sentence. Any questions, counsel? Any clarification sought? [ 69 ] CNSL A. JANSE: No, and if I haven't done so already, a stay of proceedings on any other outstanding counts. [ 70 ] THE COURT: All right, thank you. [ 71 ] CNSL J.

MICHI: I just don't know if we dealt with the other day the victim of crime surcharge. [ 72 ] CNSL A. JANSE: Oh, the victim fine surcharge. [ 73 ] THE COURT: I am going to waive the victim surcharge. [ 74 ] THE COURT: Mr. Willard has obviously been in custody for a long time. He is a man of limited means, but he will get back on his feet at some point. I understand he has a job waiting for him, but up until this point, he has been unemployed and has limited means. So that is waived. [ 75 ] CNSL A. JANSE: Thank you. [ 76 ] THE COURT: All right. Mr. Willard, you take care of yourself, sir. (REASONS CONCLUDED)