K.M. v. A.M. Date:, 2014 BCPC 332

Citation: K.M. v. A.M. Date: 20140902 2014 BCPC 0332 File No: 142273 Registry: Sechelt, BC IN THE PROVINCIAL COURT OF BRITISH COLUMBIA IN THE MATTER OF THE FAMILY LAW ACT , S.B.C. 2011 c. 25 BETWEEN: K.M. APPLICANT AND: A.M. RESPONDENT REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE CHALLENGER Appearing on their own behalf: K.M. Place of Hearing: Sechelt , B.C. Date of Hearing: September 2, 2014

Date of Judgment: September 2, 2014 [ 1 ] THE COURT: I am satisfied that there is a basis to make a protection order under s. 183. If you just bear with me here. [ 2 ] Are there protection order terms on the bench and I am just not seeing them? [ 3 ] Thank you. [ 4 ] I will make an order that A.A.J.M. cannot contact or communicate directly or indirectly with K.L.M.; C.J.M.M., born (date omitted for publication); J.L.M.L., born (date omitted for publication).

And what are your parent's and sister's names? [ 5 ] K.M.: M.E.P. is my mom, H.R.P. is my dad, and T.E.P. is my sister. [ 6 ] THE COURT: What is the name of your dog? [ 7 ] K.M.: K. [ 8 ] THE COURT: K.? [ 9 ] K.M.: Yes, Your Honour. [ 10 ] THE COURT: Or with the family dog K. or with M.E.P., H.R.P., or T.E.P. [ 11 ] So these are terms B1, B2, B3, Madam Clerk. I included the children, but they should apparently be entered in B2. Oh, sorry, Madam Clerk. Do you have these protection standards, new standard terms over there? [ 12 ] THE CLERK: I do not, Your Honour. [ 13 ] THE COURT: So I will start again.

The first term is under s. 183(3)(a), again A.A.J.M. is not to have contact or communicate directly or indirectly with K.L.M., M.E.P., H.R.P., T.E.P., or K. the family dog. [ 14 ] And then a further term under s. 183(3)(a), A.A.J.M. shall not have contact or communicate directly or indirectly, and that is where the names of the two children with their dates of birth will go, C.J.M.M., (date omitted for publication); J.L.M., (date omitted for publication), her date of birth. [ 15 ] And again under s. 183(3)(a), you shall not attend at, enter, or be found within -- does he have any reason to be in Sechelt? [ 16 ] K.M.: No. [ 17 ] THE COURT: All right, within one kilometre of the residence, place of employment, or school of K.L.M., M.E.P., H.R.P., T.E.P., even if he or she is an owner and has a right to possess or enter such place. [ 18 ] And then under s. 183(3)(a), A.A.J.M. shall not attend at, enter, or be found within one kilometre of the residence or school of C.J.M.M., (date omitted for publication); or J.L.M., again date of birth (date omitted for publication). [ 19 ] Under s. 183(3)(a), A.A.J.M. shall not own, possess, or carry any weapons defined by s. 2 of the Criminal Code of Canada or any knives, except while preparing and consuming food. [ 20 ] Under s. 183(3)(a), A.A.J.M. shall not own, possess, or carry any firearm, crossbow, prohibited weapon, restricted weapon, imitation weapon, prohibited device, ammunition, prohibited ammunition, explosive substance, or all such things and any related authorizations, licences and registration certificates. [ 21 ] Under s. 183(3)(e), Mr.

M. shall immediately attend a police station or detachment and accompany a police officer, including any RCMP officer having jurisdiction in the Province of British Columbia, to the location of any firearm, prohibited weapon, restricted weapon, imitation weapon, prohibited device, ammunition, prohibited ammunition, explosive substance or all such things and to the location of any related authorizations, licences, and registration certificates he possesses and surrender the said items to the police officer until further order of the court. [ 22 ] Under s. 183(3)(c)(iii), any police officer, including any RCMP officer having jurisdiction in the Province of British Columbia who is provided with a copy of this order, is directed to seize from A.A.J.M. any weapons as that term is defined in s. 2 of the Criminal Code of Canada and related documents and hold such items seized until further order of the court. [ 23 ] Now do you and the children need things at your residence? [ 24 ] K.M.: Yes, Your Honour. [ 25 ] THE COURT: Under s.183(3)(c)(ii), any police officer, including any RCMP officer having jurisdiction in the Province of British Columbia, who is provided with a copy of this order is directed to accompany K.L.M. to attend the residence located at (address omitted for publication), British Columbia, on one occasion to supervise the removal of her personal belongings and the personal belongings of the children. [ 26 ] I am going to provide that this order is going to expire -- Madam Clerk, can you assist me with the next family day over there?

[ 27 ] THE CLERK: It is this Thursday or the following two Thursdays after that. [ 28 ] THE COURT: September 18th? [ 29 ] THE CLERK: Yes, Your Honour, September 18th is a family list day. [ 30 ] THE COURT: Okay, so this order will expire September 18th, 2014. [ 31 ] And then I am going to order that the sheriff serve a copy of your application to obtain an order as well as your ex parte notice of motion on A.A.J.M. The matter will be returnable -- and it should be 9:30 on September 18th, Madam Clerk? [ 32 ] THE CLERK: Either 9:30 or 1:30 is acceptable, Your Honour. Perhaps if the parties are coming from A.

I would suggest 1:30. [ 33 ] THE COURT: Okay, so at 1:30, Sechelt Provincial Court. (REASONS CONCLUDED)