R. v. Wilson Date:, 2011 BCPC 499

Citation: R. v. Wilson Date: 20111202 2011 BCPC 0499 File No: 202451-1 Registry: Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. ARCHIE JAMES WILSON EXCERPTS FROM PROCEEDINGS REASONS FOR SENTENCE OF THE HONOURABLE JUDGE H. WEITZEL Counsel for the Crown: A. Clarkson Counsel for the Defendant: P. Rankin Place of Hearing: Vancouver , B.C. Date of Judgment: December 2, 2011 [ 1 ] THE COURT: These are oral reasons rendered in the sentencing of Archie James Wilson who was convicted following a trial

about a month ago of possession of cocaine for the purpose of trafficking and possession of heroin for the purpose of trafficking all arising out of the same incident on November the 18th of 2010. I begin by noting that given the nature of the drugs and the nature of the charge it is a serious offence punishable by a maximum sentence of life imprisonment. [ 2 ] In terms of the circumstances, a

summary is that the police looked in the window of a convenience store in the 200 Block of East Hastings Street and saw what they believed to be a drug transaction between Mr. Wilson and another person. As a result they placed Mr. Wilson under arrest and they observed him to put a leather pouch which he was holding down onto a nearby counter. That pouch was subsequently seized and in it were 10 flaps of heroin, a total weight including packaging of 2.75 grams, and it looks like five, what I will describe as, rocks of crack cocaine, again a total weight there of 4.1 grams.

He was also in possession of a scale of sorts and about $74.75 in cash. [ 3 ] The matter was adjourned to today for sentencing. The Crown seeks a jail sentence in the area of four months. They do so on the basis of the nature of the offence itself and the fact that it involved heroin. The Crown argues that this was not an insignificant amount of drugs and the Crown also argues that even if Mr. Wilson himself is a person who is a drug addict and living in the Downtown Eastside, his selling drugs of this nature to others simply perpetuates the cycle.

He does have a record of previous criminal convictions and the Crown notes that he was previously convicted for trafficking in a controlled substance in November of 2006. He received at that time a conditional discharge and 12 months' probation.

The inference that has been drawn, in my view, is the appropriate inference and that is it must have been marihuana because a discharge would not have been available if the offence was trafficking in cocaine or heroin. [ 4 ] The defence submits that a conditional sentence order in the present case is appropriate given his First Nations heritage, and asking the court to recognize a number of systemic factors which result in not only Mr.

Wilson but a large number of other First Nations persons finding themselves coming from rural areas of the province, of the country, and ending up in conditions of poverty in the Downtown Eastside of Vancouver where drug use and drug addiction is rampant. The defence also argues that since the date of this offence, Mr. Wilson himself has taken significant steps towards his rehabilitation both in terms of having a stable residence at the Gastown Hotel in the Gastown area of the Downtown Eastside, being still in a stable relationship with his legal spouse who also lives there, albeit in a different room.

But more particularly, that he has taken steps now to become involved in the methadone program, and a letter has been provided to the court showing that since April of this year he has been on the methadone program. Further, since June of 2011 he has had urine tests that are narcotic free. The doctor who is the author of this letter says that Mr. Wilson is compliant with the program, rules, and the regulations. As well, the manager of the Gastown Hotel where Mr.

Wilson and his wife live attest to him being a good tenant who has resided there since July of 2011, that there have been no issues with rent or inappropriate guest attendance or bad behaviour, and that he is a positive influence in the hotel. [ 5 ] Now, I recognize that indeed the courts have taken a different position with respect to persons trafficking, selling drugs such as heroin and cocaine and that is reflected in more severe sentences. I am also mindful that indeed he does have that previous trafficking but of a different nature in my view.

The rest of his record is primarily theft-related, although there are several simple possession of narcotic charges consistent with a person who is a drug addict and at that time Mr. Wilson was. He has now moved that addiction from cocaine or heroin and is now a compliant member of the methadone program. [ 6 ] In order to address the issue of deterrence, to not only Mr.

Wilson but to others, to not sell cocaine and heroin, a custodial sentence is appropriate, but because of what I see as positive rehabilitative steps he has taken, in my view to allow him to serve that sentence in the community would not undermine the safety of the community and indeed would be consistent with some of the factors which the Supreme Court of Canada has highlighted in R. v. Gladue, dealing specifically with First Nations offenders. Accordingly, there will be a conditional discharge in this case. [ 7 ] MR. RANKIN: I think a conditional sentence. [ 8 ] THE COURT: Forgive me.

A conditional sentence order. Thank you. [ 9 ] A conditional sentence order in this case. It will be for a period of six months. The terms of the CSO will be the statutory required terms which are set out in s. 742.3(1).

That will require that you report to a conditional sentence supervisor at 275 East Cordova Street in Vancouver no later than 4:00 p.m. tomorrow, December the 2nd [sic], 2011, and thereafter as directed by your conditional sentence supervisor. [ 10 ] You will abstain from consumption of drugs except in accordance with a medical prescription, or except in accordance with your involvement in the methadone program.

You will not go out of the premise of the Gastown Hotel located at 110 Water Street in Vancouver for the first month of the CSO except for the purpose of attending to appointments with your CSO supervisor or with the written permission of your CSO supervisor, or to obtain emergency medical attention for yourself or your wife. And forgive me, what is your wife's name, please. [ 11 ] THE ACCUSED: Coralline [phonetic]. [ 12 ] MR. RANKIN: Coralline. Last name. [ 13 ] THE COURT: All right. [ 14 ] THE ACCUSED: Pelletier. [ 15 ] MR. RANKIN: Pelletier.

Coralline Pelletier. [ 16 ] THE COURT: Okay. [ 17 ] You will complete 20 hours of community work service and that work service is to be as directed by your CSO supervisor and it is to be finished no later than March 31st of 2012.

[ 18 ] THE COURT: All right, sir. [ 19 ] MR. RANKIN: If he could have one hour off per morning. He has to go to the pharmacy to pick up his methadone every day -- [ 20 ] THE COURT: Of course. [ 21 ] MR. RANKIN: -- and it's fair -- [ 22 ] THE COURT: Yes. [ 23 ] MR. RANKIN: -- maybe one hour would be plenty between, say like one hour per day to -- and we could set the hour so that there is no real -- what is a good time? When would you usually go get your [indiscernible]? [ 24 ] THE ACCUSED: Not until the afternoon at around 2:00. [ 25 ] MR.

RANKIN: Perhaps we could have one hour at -- [ 26 ] THE COURT: So if we gave you, say from 2:00 to 3:00 to -- all right. [ 27 ] MR. RANKIN: For the purpose of -- [ 28 ] THE COURT: And you may be outside of your place of residence -- well, with the house arrest type condition -- [ 29 ] MR. RANKIN: In the first month. [ 30 ] THE COURT: -- I think I have added certain exceptions and we will just add an exception into that general paragraph, please. And to attend to the Oak Grove Medical Clinic at 1872 Kingsway, Vancouver, between the hours of 2:00 to 3:00 p.m. to obtain your methadone. [ 31 ] MR. RANKIN: All right.

Yeah. He actually -- yeah. The Oak Grove is where he goes every two weeks to get the prescription and it's at Carroll -- the Carroll Street Pharmacy near Pigeons -- is it near Pigeon Park? [ 32 ] THE ACCUSED: Yes. [ 33 ] MR. RANKIN: Is where he picks up his methadone, so if it could be just changed to -- I don't think he'd get to the Oak Grove Clinic and back in an hour frankly, but he only has to go there every two weeks and he can get a letter of a supervisor for that. [ 34 ] THE COURT: All right. [ 35 ] MR.

RANKIN: Perhaps 2:00 to 3:00 to attend to the pharmacy to pick up your methadone and home -- [ 36 ] THE COURT: Okay. [ 37 ] MR. RANKIN: Directly to and from. [ 38 ] THE COURT: All right. All right. [ 39 ] MR. RANKIN: I don't know, I'm not sure of the name of the pharmacy. [ 40 ] UNIDENTIFIED SPEAKER: Omni. [ 41 ] MR. RANKIN: Omni? [ 42 ] UNIDENTIFIED SPEAKER: Omni. [ 43 ] MR. RANKIN: O-m-n-i? [ 44 ] UNIDENTIFIED SPEAKER: O-m-n-i. [ 45 ] THE COURT: All right. Thank you. Let's include that in there, Madam Registrar. So probably got this thing all confused up.

How does it -- so it would now read and to attend at the Omni Pharmacy to pick up your methadone between the hours of 2:00 p.m. to 3:00 p.m. daily. Okay. [ 46 ] All right, sir. [ 47 ] MR. RANKIN: I noticed you said he has to report by tomorrow by -- but that's fine, because he'll be out -- we're only at 10:30.

I'm sure he'll be out enough time today to get -- it's not open tomorrow but he'll have plenty of time today to get there, 'cause it will be -- this [indiscernible] will be ready by probably about 1:00 this afternoon and then he's got several hours to go to 275 East Cordova and I'm sure they'll just hang onto him because he's in the area. [ 48 ] THE COURT: All right. Okay. Let's try that. [ 49 ] MR. RANKIN: Okay. [ 50 ] THE COURT: Given his personal circumstances I am waiving any victim fine surcharge.

(REASONS CONCLUDED)