R. v. White, 2013 BCSC 2410

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: R. v. White, 2013 BCSC 2410 Date: 20131213 Docket: 36885-1; 36886-1 Registry: Prince George Regina v. Robert Alan White also known as Robert Alan Erickson Before: The Honourable Mr. Justice R. S. Tindale Oral Reasons for Judgment on Bail Review In Chambers Counsel for the Crown: G. McDonald Appearing on his own behalf: Robert White Place and Date of Hearing: Prince George, B.C. December 19, 2013 Place and Date of Judgment: Prince George, B.C.

December 19, 2013 [ 1 ] THE COURT: Robert Alan White, also known as Robert Alan Erickson, applies for a review pursuant to s. 520 of the Criminal Code , in relationship to an order made by the Honourable Judge Gray of the Provincial Court of British Columbia, on November 7th, 2013. [ 2 ] He seeks his release from the detention order. At the time of the hearing Judge Gray had before him a number of Informations stemming out of allegations of charges in the McBride area, in particular there was Information 3416, which I am told were charges relating to uttering threats and mischief. [ 3 ] Mr.

Erickson had a trial on those matters on December 2nd, 2013 and he was acquitted on those charges. There is also outstanding at this time, Information 3416 B.C.-5, which is an allegation of breach of his recognizance of bail by failing to report to his bail supervisor. That matter is outstanding and set for trial in April of next year. [ 4 ] I am told by Mr. Erickson that he does not agree that he was made aware of the conditions of that bail document. Crown has produced a document called a Bail Reporting Agreement, dated April 29th, 2013, in relationship to Mr. White, also known as Mr.

Erickson, that is not signed by him. I will mark that as an exhibit on the bail hearing. EXHIBIT 1: Unsigned Bail Reporting Agreement [ 5 ] Also before the court at the time of the bail hearing was Information 3492, and Information 3478. Information 3478 is charges alleging that Mr. Erickson, in August 2003, in McBride, harassed, to use the colloquial term, M.M, his then spouse, as well as Count 2, an allegation of is theft of property of M.M. [ 6 ] Information 3492 are allegations that on September 4th, 2013, Mr.

White attempted to obstruct, pervert or defeat the course of justice by interfering with a police investigation, and Count 2 is a breach of his recognizance of bail by contacting Ms. M. [ 7 ] The allegation is that Mr. Erickson had a 59 minute conversation with Ms. M., wherein he is alleged to have told her that she should in effect recant on her previous allegations, or he would get “nasty” with her. [ 8 ] This came to the police's attention through a search of the Internet, and apparently the conversation is on a You Tube video. Mr.

Erickson has told me today that he did not understand that the no contact was in effect if Ms. M. contacted him. [ 9 ] Mr. Erickson does have a previous record, though it is relatively brief. In 1988 there is a conviction for failing to appear, for which he received probation. In 1995 there is a conviction for possession of property obtained by crime, for which he received a fine of $300. And in 2002, from Squamish, B.C., there is a conviction for assault, for which he received a suspended sentence and probation for 12 months. [ 10 ] Madam Clerk, I will mark that as the next exhibit, the record.

EXHIBIT 2: Accused's criminal record [ 11 ] Mr. Erickson is 45 years of age, and does have a home in McBride, British Columbia. He tells me that his mother and stepfather, so his mother being J.R., and his stepfather B.R., reside in Nanaimo, British Columbia. [ 12 ] He tells me that his stepfather came up near the end of November and assisted in removing some items from his home. Mr. Erickson was concerned about the cold weather that was happening at the time, as well as some of his belongings.

Apparently, and this is confirmed by Crown counsel, that his residence has been broken into, or somebody was in his residence relatively recently. So Mr. Erickson has justifiable concerns about his residence. [ 13 ] I asked Mr. Erickson about Ms. M. He indicates that she is now, to his knowledge, residing in Squamish, B.C. [ 14 ] If released, Mr.

Erickson does not have what I would call a formalized plan, but his plan would be to, either through the John Howard Society, or perhaps other agencies of that nature, obtain monies for a bus ticket, and he would go to Nanaimo to spend at least the holiday season with his mother and stepfather. He may even reside there for a period of time. [ 15 ] Mr. Erickson has a lot of skepticism and suspicion about the criminal justice system.

He does not necessarily agree with the concept of conditions on judicial interim release, though he tells me he would abide by conditions of the judicial interim release. [ 16 ] I have had an opportunity to review the transcript of the November 7, 2013 hearing of the Honourable Judge Gray. Given what was before Judge Gray at the time, that is the number of allegations of offences, including a very serious allegation of obstructing justice, and upon my review of the transcript, I cannot say that Judge Gray made any error in revoking the bail of Mr. White, also known as Mr.

Erickson. [ 17 ] So the real question, I suppose, for me today to consider is whether or not there are some conditions that Mr. White, also known as Erickson, could be released on, and whether there has been a change in circumstances from the time that Judge Gray heard the bail application. [ 18 ] Now, certainly one thing that has changed is Information 3416, the substantive charges of uttering threats and mischief. There has been a trial, and he was acquitted on that. [ 19 ] Crown, in their submissions, indicated that they have grave concerns that Mr.

White, also known as Erickson, would not abide by any conditions that he was placed on. They point to the allegations still before the court. I will note that the Provincial Court allegations in Informations 3416 B.C. and 3478 that he mentioned, are not going to go to trial until the spring of next year. The allegation of obstruction of justice is still working its way through the system, and apparently Mr.

White, also known as Erickson, has elected a trial in Supreme Court on that matter. [ 20 ] Mr. -- [ 21 ] THE ACCUSED: Oh, My Lord, I'm sorry to interrupt. [ 22 ] THE COURT: Do not interrupt when I am -- [ 23 ] THE ACCUSED: Okay. [ 24 ] THE COURT: -- talking. [ 25 ] Mr. White, also known as Erickson, has put some considerable thought into the criminal justice system and his predicament. And I am mindful of the fact that he was acquitted on the charges in December. I am also mindful of the fact that he does have a family in Nanaimo, but there is not a solid plan for his release.

For instance, is there somebody to come and pick him up? [ 26 ] Given the allegations before the court, at this point I am not confident that there are any conditions that Mr. White, also known as Erickson, would abide by, and any conditions that could be crafted to ensure that he does not commit further offences. [ 27 ] The application to vacate the order of Judge Gray is dismissed. R. S. Tindale, J.