R. v. Qi and Wei Date:, 2015 BCPC 204

Citation: R. v. Qi and Wei Date: 20150611 2015 BCPC 0204 File Nos: 63200-1; 63200-2C Registry: Chilliwack IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. XIN QI and KESI WEI ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE MacKAY Counsel for the Crown: J. MacAulay Counsel for the Accused: G. Lee Place of Hearing: Chilliwack , B.C. Date of Hearing: June 11, 2015 Date of Judgment: June 11, 2015 [ 1 ] THE COURT : I have heard the submissions of the Crown and the defence. In law, you have the right to address me before I

sentence you. You do not have to say anything, but if you choose to say something in addition to what I have heard, I will listen to you and I will take it into account. Do you have anything to say? [ 2 ] THE ACCUSED QI : No. [ 3 ] THE COURT : All right. Mr. Qi – I hope I am pronouncing that properly – has plead guilty to six counts on this Information. All of the Counts -- without going into great detail -- are offences under the Wildlife Act , R.S.B.C. 1996, c. 488 or Regulations made pursuant to the Wildlife Act . [ 4 ] All the offences arise from the 25th of October last year. Mr.

Qi and a companion were encountered near the Town of Hope by a Wildlife Officer. [ 5 ] He was found to be in possession of a number of carcasses: one moose and a total of seven deer. This was in excess of what he was permitted. Moreover, the carcasses were in a state whereby the sex of the animals could not be determined. He did not produce his licence when he was requested to. He did not have a species licence.

He exceeded the limit for some of the species and he killed a moose in an area where an authorisation was required which he did not have. [ 6 ] I accept the submissions of Crown in particular that the primary objective in passing sentence is to deter other people from committing this sort of an offence and specifically try to deter Mr. Qi from committing any such type of offence in the future. [ 7 ] It was not specifically mentioned by Mr. MacAulay in his submission or touched on by counsel for Mr. Qi, Mr. Lee, but in my view it is also proper to express denunciation in terms of sentencing somebody in Mr.

Qi's position. [ 8 ] I have been referred to a number of cases by Mr. MacAulay. Without going through them in detail, the cases indicate that the purpose of these laws and regulations is to protect the precious heritage that we enjoy in this country that is if it is not properly managed or regulated subject to disappear. I agree with the remarks of my brother Judge as he then was, Romano, my sister Judge Buller Bennett, and my brother Judge Steinberg, as well as the remarks made by judges in the other cases put before me. [ 9 ] Mr.

Qi is particularly culpable in this circumstance because he comes before the Court with two prior convictions in the not so distant past. Those convictions, to my way of thinking, ought to have brought home to him the need to strictly abide by the law and the regulations that relate to hunting.

The fact that he was convicted twice for violations related to hunting and did nothing apparently to change his ways leaves me tempted to conclude that he has no respect for the law, and leaves me tempted to conclude that he is entirely selfish and self-centred. [ 10 ] I would be inclined I can tell you this, sir, but for the fact that this is a joint submission, to consider a jail sentence for these offences.

I respect the joint submission as a product of discussions between counsel and I respect the fact that you have taken some responsibility for your actions. [ 11 ] Accordingly, I will accede to the joint submission, but you should know that if you come back before Court again committing any sort of similar offence, a jail sentence in my view is extremely likely. It is almost a certainty I can tell you if I happen to be the judge. There is absolutely no excuse for this behaviour.

You had better do some deep thinking about these circumstances and about how you are going to behave in the future. [ 12 ] Now, I hope I get this right, Mr. MacAulay. You will correct me if I am wrong. [ 13 ] There will be a fine of $6,000 on Count 1 and -– [ 14 ] MR. MacAULAY : A fine of $1,000 on each of the six counts, Your Honour. [ 15 ] THE COURT : Pardon me. All right, thank you. A fine of $1,000 on each of the six counts plus I will impose under s. 84.1 (

e) a sanction of a $4,000 payment to the Habitat Trust— [ 16 ] MR. MacAULAY : Habitat Conservation Trust Foundation. [ 17 ] THE COURT : Thank you, on Count 1. Similarly, $3,000 on each of Counts 2 to 6. Have I got that right, Mr. MacAulay? [ 18 ] MR. MacAULAY : Yes, Your Honour. [ 19 ] THE COURT : All right. Mr. MacAulay, that is not a fine per se, that is – [ 20 ] MR. MacAULAY : No, it's – it's pursuant to an order.

My practice is to – I'll draw up the order because it is a bit different than the Court is – than the Registry is usually dealing with, I will send it to my friend for his approval as to form –- [ 21 ] THE COURT : Madam Clerk does that get you past obstacles? [ 22 ] THE CLERK : I can try, so can I just have that repeated please? [ 23 ] MR. MacAULAY : It is pursuant to s. 84.1 (1) (e) (ii) and it's an order of the Court for payment into the Trust which has created the Habitat Conservation Trust,

Part 3 of the Wildlife Act . [ 24 ] THE CLERK : I need to get all of that, so I'm sorry you went a bit too fast so payment into trust – [ 25 ] MR. MacAULAY : Well, it's payment to the Trust Foundation. [ 26 ] THE COURT : Payment of an amount of money into Court for the benefit of the Trust Foundation.

[ 27 ] MR. MacAULAY : Yes. [ 28 ] THE CLERK : So payment to the Trust Foundation? [ 29 ] MR. MacAULAY : Habitat Conservation Trust Foundation. [ 30 ] THE CLERK : And this is on all counts? [ 31 ] THE COURT : It is $4,000 on Count 1 and $3,000 on each of the other counts, that is, Counts 2, 3, 4, 5, and 6.

If the math is correct, that should amount in total to $25,000. [ 32 ] There is a surcharge calculated only against the fine which in total is $6,000 – there is a surcharge of 15 percent, so he will have to pay that amount as well which if my math is correct is an additional $900. [ 33 ] Next, I prohibit him from hunting or being in the company of hunters pursuant to s. 84.1 – I think it was (4) (

a) you mentioned, Mr. MacAulay. [ 34 ] MR. MacAULAY : Yes, 84.1 (1) (a). [ 35 ] THE COURT : Oh, sub (1) (a). [ 36 ] MR. MacAULAY : Yes. [ 37 ] THE COURT : And that will be for a period of I think eight years was -– [ 38 ] MR. MacAULAY : Yes. [ 39 ] THE COURT : I think that is all the sanctions I have in my notes. [ 40 ] MR. MacAULAY : The forfeiture of the wildlife seized, I suspect that has already been disposed of, but that would be s. 84 (6.3). [ 41 ] THE COURT : I make that order as well. [ 42 ] So I think he requested a year to pay. Mr. MacAulay indicated you are not opposed to that. [ 43 ] MR.

LEE : No, Your Honour. [ 44 ] THE COURT : You have until June 10th, 2016 to pay that amount in total. [ 45 ] MR. MacAULAY : I will draw up the order as I have said, Your Honour, and I will indicate that the payment to the Habitat Conservation Trust Foundation will come through the Court and I will provide the forwarding address. So I will do the order and I will try and get it done today and off to my friend. [ 46 ] THE COURT : That works. Thank you for your assistance. [ 47 ] MR. MacAULAY : Thank you, and Your Honour with respect to Information 63200 that is Kesi Wei -– [ 48 ] THE COURT : Yes? [ 49 ] MR.

MacAULAY : -- the Crown directs a stay of proceedings on all counts. [ 50 ] THE COURT : A stay of proceedings on that. All right. Thank you. (ORAL REASONS FOR SENTENCE CONCLUDED)