R. v. Drewes, 2013 BCSC 221

Editor’s Note : Corrigendum released on March 14, 2013. Original judgment has been corrected with text of corrigendum appended. IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: R. v. Drewes, 2013 BCSC 221 Date: 20130314 Docket: 31091-2 Registry: Dawson Creek Regina v. Richard Drewes - and - Docket: 31552-1-T Registry: Dawson Creek Regina v. Richard William Drewes Restriction on Publication: Pursuant to 539(1) C.C.C. Restricted Access Corrected Judgment: The text of the judgment was corrected at paras. 4, 5 and 62 on March 14, 2013 Before: The Honourable Mr. Justice N.

Brown Oral Reasons for Sentence Counsel for the Crown: D.F. Pizzey Counsel for the Accused: G. Rivard Place and Date of Trial: Dawson Creek, B.C. January 9, 2013 Place and Date of Judgment: Dawson Creek, B.C. January 9, 2013 [ 1 ] THE COURT: Mr. Drewes, the sentence being imposed on you today is based on the joint submissions of Crown and your counsel on a fit term of incarceration on the two counts on which you entered a guilty plea. You can sit for now, and then when I get to the very end, you can stand. [ 2 ] The only matter which counsel cannot agree on is an appropriate term for your probation.

Crown counsel submitted that the circumstances in this case warrant a term of probation of three years; and Mr. Rivard, your counsel, submitted that two years is appropriate in the circumstances. [ 3 ] The first guilty plea you have entered is on Court File 31552-1-T, which comes from Alberta. That relates to a matter that occurred October 19, 2011, at or near Grande Prairie, Alberta. The allegation being, and to which you pleaded guilty, that on October 19, 2011, at or near Grande Prairie, Alberta, you committed an assault on Ms. T.S., contrary to s. 266 of the Canadian Criminal Code , R.S.C. 1985, c.

C-46 [ Criminal Code ]. [ 4 ] You also pleaded guilty on that same Indictment and matter to the lesser offence, pursuant to s. 463 (

b) of the Criminal Code , and contrary to s. 279(2) of the Criminal Code that you did without lawful authority attempt to confine Ms. T.S. [ 5 ] The second matter to occurred about four months later, involving a different complainant known to you as Ms. T.A. It occurred in Dawson Creek, February 6, 2012, and you pleaded guilty to Count 3 of the Indictment, Court File Number 31091-2, being that at or near Dawson Creek you did sexually assault Ms. T.A., contrary to s. 271(1) of the Criminal Code . [ 6 ] Crown counsel and your counsel have agreed that a global sentence of three years for all the offences to which you pleaded

guilty, concurrent, is appropriate.

I note you have been in custody since February 10, 2012; and considering the time spent, the sentence that I am going to impose upon you, concurrent for both offences, is two years. [ 7 ] So I have accepted and endorsed the joint submissions of counsel for the jail term on guilty pleas you have entered. [ 8 ] I was advised of a prior conviction for sexual assault that occurred May 25, 2005, contrary to s. 271 of the Criminal Code , in which a sentence of two years and six months was imposed, together with a s. 109 mandatory prohibition order. [ 9 ] As I mentioned, the Crown seeks a term of probation of three years.

Counsel submitted that two years is appropriate. [ 10 ] I should first note the serious nature of the offences which, in both instances, involved your pinning down the victims in an attempt to force them to submit to sex. In Grand Prairie, the investigation began following a call made to a private security firm regarding a domestic assault. The police reported that they saw the victim running out of the house. They escorted her away. She reported that she had been handcuffed on the wrist. She saw duct tape. Mr. Drewes had shoved a dish rag into her mouth.

When the police attended the residence, they noticed duct tape on the bed and handcuffs, as well as some other matters, the same objects that Ms. T.S. had described to them. [ 11 ] In her statement, Mr. Drewes, she said that you had been in bed together. You left the room saying you were not feeling well. You came back and said you were cold, and some cuddling occurred. But then you pulled her arm down. She felt metal on her wrist. You managed to get a handcuff on her wrist. She was worried about the duct tape.

There was some struggling that went on for quite some time, 20 to 30 minutes she said, until you and she both exhausted, or so it appeared to her. When the face cloth was put into her mouth, she screamed. You told her to shut up, which is somewhat similar to what occurred in Ms. T.A.'s case. You pinned her down, she spoke to you, you suggested that you would sleep on the couch. She took that opportunity to run out the front door. She was concerned for her safety. She called a friend at the private security agency.

You, to your credit, confirmed her story to the police. [ 12 ] Now, turning to what happened in Dawson Creek. The victim, Ms. T.A., reported that you forced her to perform oral sex, and that you had placed a pillow over her face to assist your attempts to subdue her and force her to submit to your will. You forced her to have oral sex. Later, vaginal intercourse took place, clearly against her wishes. When the pillow was over her face, you asked her if she could breathe.

She said no, and you said, "Well, that's good." Later, you indicated to her you did not believe that she did not wish to have sexual intercourse. [ 13 ] On February 10, 2012, you were taken into custody. I have already referred to your previous conviction. [ 14 ] Crown counsel has submitted that a three-year term of probation is necessary, submitting that you are an untreated sex offender and that you constitute a serious threat to women, including those with whom you have been in a relationship.

That is somewhat concerning in a case such as this, because from what I have heard, you had a fairly extended, five-month, or it could be more than that, relationship with Ms. T.S., so you had some bonding with her, some relationship; yet this incident occurred. [ 15 ] While your relationship, I gather, with Ms. T.A. was not so long, you had some bonding with her, too, and cared for her; so it is somewhat concerning, again, that this offence arose in such circumstances.

It does not make it any better when it is with a stranger, of course, but that is not the point, which is that you obviously have some difficulty restraining your actions. [ 16 ] Crown counsel also emphasized the troubling nature of the assault, which I have touched on. [ 17 ] Mr. Rivard submits a two-year term of probation is sufficient in this case.

He points out that you have been in custody for a year and that you have done very well there, which is good to hear; that you have acted as a go-between between the prison guards and the prisoners, dealing with problems that come up, I suppose, that can be dealt with through some back and forth discussions, which is to your credit. That demonstrates you are able to listen well enough, because to do that kind of thing, you have to be able to listen and you have to be respectful to those in authority. Otherwise, they would not have given you that trust. These are just inferences I am drawing from that fact.

Obviously, I do not have any direct evidence of that. [ 18 ] Mr. Rivard explained that you have suffered some problems in your past; relationship problems, family problems. He mentioned you were close to two uncles and their deaths troubled you. You had some drug addiction problems, or drug abuse problems perhaps might be more accurately characterizing what I heard. He emphasized the fact that you -- Mr. Rivard, was it five years or five months, the relationship, could you -- with Ms. -- so I have got it right. [ 19 ] MR. RIVARD: Ms. T.S.? [ 20 ] THE COURT: Yes. [ 21 ] MR.

RIVARD: My understanding was five years. [ 22 ] THE COURT: Five years. All right, so you had an extended relationship with Ms. T.S., and he emphasized that during that period of time there had been no difficulties between you, apart from arguments that occurred from time to time, not uncommon in any relationship. [ 23 ] He submits that this incident in Dawson Creek came as a complete surprise and was out of character, would be another way of putting it.

It certainly had not occurred before. [ 24 ] As I mentioned, that is a positive factor, one that bodes well for treatment and recovery; that you did have a sustained period of time without difficulties. At the same time, it is offset by the concern that this second incident with Ms. T.A. occurred within four months, and you did have a prior conviction, albeit it was seven years ago, if my counting is right, which makes it somewhat less concerning. But when it comes to sexual assault, less so, because it forms part of a pattern.

[ 25 ] In such an instance, when a judge is grappling with a narrow point such as this, and I understand your concern, three years is a long time for probation, although -- I will give you a moment to say anything in a moment -- but at the same time, probation does not interfere with all aspects of your life. There are reporting provisions, but that is at the behest of the probation officer, who can make adjustments and alterations with you as necessary, so long as they meet the concerns that the probation officer has. [ 26 ] The troubled family history Mr.

Rivard described may explain the source of the problem and give the court some insight, too. But it really underlines the need for a prolonged period of counselling to get at those problems. [ 27 ] I did struggle with this but, in my view, the primary concern here is protection of the public, women in particular.

Probation is intended to assist you; as well it is not intended to be punitive, but it has to address matters of public safety and to ensure you are properly supervised. [ 28 ] So before I say anything further about that, you are signalling to me you would like to say something, so I will give you an opportunity to do so. [ 29 ] THE ACCUSED: Yes. I actually don't dis -- I don't contest three years.

Like, I understand two years would be nice, but three years, like the one thing I know and mentioned years prior, back then, that when I was doing counselling, that once my time had ended, it's like the funding was gone, so it was hard because if you wanted that further, it was costing. So I don't contest three years. It would be nice to have something like that for an amount of time that's not just going to dissipate because you're no longer guaranteed that. [ 30 ] There isn't a day that goes by that I don't think about my actions or -- or how it has affected people around me or myself.

How I govern myself inside the institution now hasn't changed the last time, it won't change this time, because I believe that there still has to be rules, there has to be structure. And as a -- as a unit rep, I sit between inmates who don't know that there should be still rules, and an institution that has to still enforce them. [ 31 ] I feel that given that time, two years is a long time to be in there, I'm okay with that. I'm also okay with three years. I'm also okay that counselling's not a bad thing, you know.

If someone was willing to reach out to me and look and say, hey, there's a guy here who's willing to try, that's what I want to do. [ 32 ] I just recently became a grandfather for the first time. The last thing I want to do is to have my family ashamed of me, so . . . [ 33 ] THE COURT: All right. Thank you, Mr.

Drewes. [ 34 ] Well, the law is very clear; one of its underpinning assumptions is the assumption that people can change their lives, they can rehabilitate themselves, they can redeem themselves, change course and live fully productive lives. [ 35 ] In the circumstances of this case, in my view, a three-year term of probation is not unduly strict. It is appropriate in the circumstances; and in my view, there is every likelihood it can assist you, giving you structure and supervision. [ 36 ] So therefore, I am going to impose a term of three years probation.

I want you to appreciate, it is not intended to be punitive, but to assist your rehabilitation on the one hand, and to protect -- [ 37 ] THE ACCUSED: I thank you for that. [ 38 ] THE COURT: -- women in and out of relationships and the general public. [ 39 ] All right, and I am hearing what you have said, and I think we all have every hope, and perhaps a reasonable expectation we will not see you involved in any such incident as this again. [ 40 ] So now I will deal with the terms of your probation. First of all, you shall keep the peace and be of good behaviour.

Upon your release, you shall report in person to your probation officer no later than 24 hours after your release, and do you want a particular office location, counsel? There is the one here for Dawson Creek or as directed or -- [ 41 ] MR. RIVARD: Probably that likely -- [ 42 ] THE COURT: Because if it is Dawson Creek and he is not, I have to allow more time. [ 43 ] MR. RIVARD: Yeah, it's because -- well, usually what can be done is that at the place where he is going to be released from, because classification may put him -- may even put him in the Mission area or Prince George. [ 44 ] MS.

PIZZEY: We have no guarantee where he is going to be sent, based on prison classification, My Lord. [ 45 ] THE COURT: Okay. Well, perhaps I should make it 36 hours that -- [ 46 ] MS. PIZZEY: That would probably be adequate. [ 47 ] THE COURT: Forty-eight hours? I do not want to -- [ 48 ] MR. RIVARD: Yes, very well. [ 49 ] THE COURT: All right, 48 hours. If that presents any problems, you can speak to somebody and ask for an extension of time, all right. [ 50 ] After you have first reported to your probation officer, you shall report as and when directed by them.

[ 51 ] When first reporting to your probation officer, you shall inform them of your present residential address and phone number, and not change it at any time without first providing written notice to your probation officer. [ 52 ] You shall have no contact or communication, directly or indirectly, with Ms. T.S. or Ms.

T.A. [ 53 ] You shall not possess or consume any alcohol or any controlled substance within the meaning of s. 2 of the Controlled Drugs and Substances Act , S.C. 1996, c. 19, during the term of your probation, except as prescribed for you by a physician. [ 54 ] You shall attend counselling as directed by your probation officer. [ 55 ] You shall not possess any weapon, as defined in s. 2 of the Criminal Code . That is 131, Madam Registrar.

I have got these noted up here, if you need to have it. [ 56 ] During your probation, you shall immediately advise your probation officer of any female relationship that you have entered into and consent to them being advised, in the presence of your probation officer, that you have been convicted of sexual assault. [ 57 ] There shall be a SOIRA order and a lifetime weapons prohibition. [ 58 ] Accordingly, I order you to comply with the Sex Offender Information Registration Act , S.C. 2003, c. 10, pursuant to s. 490.012. [ 59 ] All right. Have I overlooked anything else, counsel? [ 60 ] MS.

PIZZEY: I'm not sure, did you address the DNA? [ 61 ] THE COURT: I did not order the DNA. So you are to provide a sample of your DNA. Pursuant to s. 487.051(1) and (2) of the Criminal Code . [ 62 ] MS. PIZZEY: If I could just clarify, it is a global three-year concurrent sentence with time credited for one year, so two new years? [ 63 ] THE COURT: Two new years, that is right. [ 64 ] MS. PIZZEY: So the record will reflect three, and two new years is what -- [ 65 ] THE COURT: It should reflect two new years, and three -- [ 66 ] MS. PIZZEY: Total. [ 67 ] THE COURT: -- total, concurrent. [ 68 ] MS.

PIZZEY: Thank you. [ 69 ] THE COURT: All right. [ 70 ] MS. PIZZEY: And now if there's no other issues to deal with, I'll deal with the stay of proceedings on the left counts. [ 71 ] THE COURT: All right, go ahead. [ 72 ] MS. PIZZEY: Crown directs a stay of proceedings on File 31091, Counts 1 and 2, and on 31552, Count 3. [ 73 ] THE COURT: All right. [ 74 ] MS. PIZZEY: Thank you, My Lord. [ 75 ] THE COURT: Thank you, counsel. Mr.

Drewes, I hope things turn in a different direction for you. [ 76 ] THE CLERK: My Lord, the firearms prohib, was that -- what period of time? [ 77 ] THE COURT: Lifetime. [ 78 ] THE CLERK: Lifetime? As well as the SOIRA order? [ 79 ] THE COURT: Yes. “N. Brown J.” IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: R. v. Drewes, 2013 BCSC 221

Date: 20130314 Docket: 31091-2 Registry: Dawson Creek Regina v. Richard Drewes - and - Docket: 31552-1-T Registry: Dawson Creek Regina v. Richard William Drewes Restriction on Publication: Pursuant to 539(1) C.C.C. Restricted Access Corrected Judgment: The text of the judgment was corrected at paras. 4, 5, and 62 on March 14, 2013 Before: The Honourable Mr. Justice N. Brown Corrigendum to Oral Reasons for Sentence Counsel for the Crown: D.F. Pizzey Counsel for the Accused: G. Rivard Place and Date of Trial: Dawson Creek, B.C. January 9, 2013 Place and Date of Judgment: Dawson Creek, B.C.

January 9, 2013 Date of Corrigendum March 14, 2013 [1] This is a corrigendum to my Oral Reasons for Sentence issued on January 9, 2013 (2013 BCSC 221). [2] At para. 4 of my reasons for judgment an additional paragraph has been inserted to read: [4] You also pleaded guilty on that same Indictment and matter to the lesser offence, pursuant to s. 463 (

b) of the Criminal Code , and contrary to s. 279(2) of the Criminal Code that you did without lawful authority attempt to confine Ms. T.S. [3] The numbering to all paras. subsequent to the added para. 4 are now re-numbered consecutively. [4] At para. 5, the first sentence now reads: [5] The second matter occurred about four months later, involving a different complainant known to you as Ms.

T.A. [5] At para. 6, the first sentence now reads: [6] Crown counsel and your counsel have agreed that a global sentence of three years for all the offences to which you pleaded guilty, concurrent, is appropriate. [6] At para. 62, the sentence now reads: [62] MS. PIZZEY: If I could just clarify, it is a global three-year concurrent sentence with time credited for one year, so two new years? N. Brown J.