R. v. Roe Date:, 2012 BCPC 537

Citation: R. v. Roe Date: 20121017 2012 BCPC 0537 File No: 193619-2-KC Registry: Surrey IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. MICHAEL WINSTON J. ROE BAN ON PUBLICATION s. 517(1) CCC REASONS FOR SENTENCE OF THE HONOURABLE JUDGE K. W. BALL Counsel for the Crown: S. Black Counsel for the Defendant: G.J. Harris, Q.C.

Place of Hearing: Surrey , B.C. Date of Hearing: October 17, 2012 Date of Judgment: October 17, 2012 [ 1 ] These are never easy matters to decide. I pick up what Mr. Harris has said. "Obviously this was an awful circumstance, and certainly not one that was anticipated by you or by your wife or by your kids or anyone else; it was just a culmination of circumstances." Those circumstances are detailed, I think very well, by Dr. Nemetz whose expertise we are well aware of, and who is of assistance to all of the patients that she serves.

I note the very positive reports from the two officers whose letters have been filed which demonstrate your capacity to serve as an RCMP officer, representing many years of positive service to get to that point, and certainly many years of positive service to the people of Canada as reflected in those statements made by those two supervisors. [ 2 ] Obviously, the service in northern and remote areas has the potential for, among other things, officers having to be lonely when they should not be lonely.

Officers having to endure circumstances that are difficult to endure but become more difficult because of the isolation and the violence that is often witnessed and remembered for a long time. We are coming in this generation to understand the long-term effects. [ 3 ] Mr. Harris said that following this incident, which was deplorable, and a serious matter, that you did what you should have done, that is very clearly, surrender to the police. There was certainly no violence directed at members of your family, for which we are all thankful, and you were arrested and removed from the home.

Immediately, from the timing of your attendance at Edgewood, immediate steps were taken to enter that facility and to successfully attend the program that you attended from April the 9th to June the 6th. In Ms. Nemetz' letter she says on the second page, "I am pleased with Mikael's progress in terms of sobriety, anger management and problem-solving, and have no concerns about his continued progress." [ 4 ] I think it is also significant that we have the letters that we have from your three children.

It is important that the relationships which have been damaged by this event are given the appropriate time and circumstances to be renewed and restored. Hopefully they will get to a point where that healing is complete, but that has yet not occurred as of this date. [ 5 ] The submissions that have been made by counsel have been made carefully and professionally.

Counsel have properly considered the principles of sentencing that are required in this case, the aggravating and mitigating factors have been noted; clearly the aggravating factors here were that the incident of discharging the firearm in a residential situation.

The mitigating factors include your guilty plea, your cooperation with the police from the outset at the time of your arrest, and your subsequent treatment, and as has often been said in this court, the court can make all kinds of orders that affect people, it is the people themselves that effect the changes, and that is obvious in your case that is what you have been up to, effecting those positive changes. [ 6 ] So I am going to accede to the joint submission made here today. I am going to suspend the passing of sentence and place you on probation for a period of 12 months.

Keep the peace and be of good behaviour, appear before the court when required to do so by the court.

You will notify the court or probation officer in advance of any change of name or address, and promptly notify the court or probation officer of any change of employment or occupation. [ 7 ] You will report before 4:00 p.m. on the 18th day of October 2012 to the probation officer at 100 - 13545 - 64th Avenue in Surrey, British Columbia, and thereafter as and when directed. [ 8 ] You are permitted to have contact with Kathy Roe, provided that she consents to that contact, and when I say "contact" that is personal contact, but if at any time she advises you that she does not wish you to remain in her presence, you must leave her presence immediately and not return until that return is approved of by the probation officer. [ 9 ] You are permitted to attend at the family home at 8089 209th Street in Langley, British Columbia, again provided that you have the expressed consent of Kathy Roe to be at that premises, and if Kathy Roe requests that you leave those premises, you must do so immediately and not return to the premises until you have the consent of the probation officer to do so, and obviously of Kathy Roe as well. [ 10 ] You are to attend, participate, and successfully complete such counselling as directed by the probation officer which may include, but is not limited to, psychiatric and psychological assessments, substance abuse, anger management, and related life skills.

I commend to the probation service, and with your consent, the letter of Georgia Nemetz dated October the 12th, 2012, be provided to the probation service. It is my hope that that document will assist the probation officer in determining whether any further or different counselling is required on the assumption the counselling referred to in that document will continue. [ 11 ] Except in your capacity and while on duty as a member of the Royal Canadian Mounted Police, you are not to possess or carry any firearm and you are not to reside in any residence you are aware that a firearm or firearms are stored. Mr.

Roe will have four months from today to arrange for the lawful disposition of firearms seized by the RCMP, failing which the firearms shall be disposed of by the RCMP. [ 12 ] You are to abstain absolutely from the consumption of alcohol and/or non-prescription drugs and substances as defined in the Controlled Drugs and Substances Act . [ 13 ] I am waiving the surcharge. (REASONS FOR SENTENCE CONCLUDED)