R. v. Hodson Date:, 2012 BCPC 468

Citation: R. v. Hodson Date: 20121221 2012 BCPC 0468 File No: 223532-1-V Registry: Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. ERIC JAMES HODSON REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE J. F. PALMER Counsel for the Crown: R. M. Sinclair Counsel for the Defendant: K. Merrigan Place of Hearing: Vancouver , B.C. Dates of Hearing: September 28 and October 29, 2012 Date of Judgment: December 21, 2012 Introduction

[1] Eric James Hodson was charged in Count 1 of Information 223532-1-V with participating in the Vancouver riot, which occurred June 15, 2011, following the defeat of the Vancouver Canucks in game seven of the Stanley Cup Finals. Mr. Hodson was also charged in Count 2 of the Information with committing mischief by willfully damaging a window at the Blenz Coffee franchise located in the 400 block of West Georgia Street. The Crown agreed to a guilty plea on Count 1 with the understanding that the circumstances of participating in the riot included all the circumstances of the other particularized charge.

General Context [2] In each of the four cases before the Court for sentence today the Crown prepared ADMISSIONS OF FACT, which commenced with general background on the riot, continued with more specific background with respect to the area or areas of the riot where the offender participated and then very specific details of the offenders participation in the riot. A copy of the ADMISSIONS OF FACT entered as an exhibit in each proceeding is attached to the relevant Reasons For Judgment. [3] It is common ground that there were approximately 155,000 people in the core of downtown Vancouver on June 15, 2011.

Nearly a third of that crowd was concentrated around large screens in the vicinity of the Vancouver Public Library. Within a minute of the end of the game a vehicle parked in the area was overturned and subsequently set on fire. The following paragraph, included in all the various ADMISSIONS OF FACT, summarizes what ensued: As the rioting crowds occupied West Georgia Street and the surrounding areas, multiple commercial premise windows were broken and the contents of the premises looted. Vehicles were vandalized, broken into and set on fire.

Crowds of people faced off against the police and projectiles were thrown at the police. Numerous police officers and civilians were assaulted. An atmosphere of lawlessness, violence and destruction quickly consumed the downtown core of Vancouver. [4] The ADMISSIONS OF FACT all concluded with the same 10 paragraphs detailing the impact of the riot.

The statistics cited provide some reference points to map the scope of the riot. • 1035 Emergency Personnel were deployed to the downtown core of Vancouver on the night of the riot • 928 police officers, two-thirds of whom were members of the Vancouver Police Department and the other one-third from other Lower Mainland municipalities and the R.C.M.P. • 63 members of the Vancouver Fire and Rescue Service • 44 members of the British Columbia Ambulance Service • The number of calls to 911 in the hours of the riot exceeded the number of calls ever received in any 24 hour period • 92 calls to 911 were on hold at one point during the riot • A riot event was defined as an incident related to a location, a piece of property or a person • 297 riot events were identified, many involving hundreds of perpetrators, and the breakdown was as follows: a. 26 arsons; b. 193 acts of mischief; c. 26 break and enters d. 52 assaults on civilians (18), police officers (32, one officer assaulted twice) and 1 firefighter • 116 arrests were made in the area, and during the time, of the riot • 112 businesses were damaged • 122 vehicles were damaged or destroyed, 24 of which were emergency service vehicles belonging to either the police or fire department • there is no comprehensive assessment of the monetary losses sustained as a result of the riot but as of February 2, 2012 the reported losses were calculated at $3,778,190.59 [5] The ineffable effects of the riot are acknowledged in the final paragraph of the IMPACT OF THE RIOT part of the ADMISSIONS OF FACT.

The psychological impact of the Riot is difficult to quantify as personal experiences varied greatly. Some persons barricaded themselves inside businesses for safety, others guarded their businesses against rioters, a number of citizens defended property or other persons at risk to themselves. Some people have sought counseling. What is common to all is that the Riot has stripped a sense of safety and

security from citizens of Vancouver. The Law [6] The Crown has also created a CROWN BOOK OF AUTHORITIES – SENTENCING , which is varied only by inclusion of the latest decisions on Vancouver riot sentencings. [7] It is acknowledged by the defence that Crown counsel has fairly and completely assembled the relevant case law from this jurisdiction and elsewhere on sentencing in riot cases. The sentencing chart at Tab 1 catalogs decisions from 1991 to the present by case name, location of the riot, the offender’s age, presence or lack of criminal record, participation in the riot and sentence. [8]

Part XXIII of the Criminal Code , formerly titled Punishment, is now titled Sentencing. The first six subsections deal with Alternative Measures and both police and government records relating to offences and the persons by whom the offences have been committed.

Section 718 PURPOSE, states: The fundamental purpose of sentencing is to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives: (

a) to denounce unlawful conduct; (

b) to deter the offender and other persons from committing offences; (

c) to separate offenders from society, where necessary; (

d) to assist in rehabilitating offenders; (

e) to provide reparations for harm done to victims or the community; and (

f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims and to the community. [9] The principles a judge must apply in determining a fit sentence in any case are set out in the following subsections: FUNDAMENTAL PRINCIPLE [10]

Section 718.1 A sentence must be proportionate to the gravity of the offence and the degree of culpability of the offender. OTHER FUNDAMENTAL PRINCIPLES [11]

Section 718.2 A court that imposes a sentence shall also take into consideration the following principles: (

a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing, (

i) evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation or any other similar factor, (ii) evidence that the offender, in committing the offence, abused the offender’s spouse or common-law partner, (ii.1) evidence that the offender, in committing the offence, abused a person under the age of eighteen years, (iii) evidence that the offender, in committing the offence, abused a position of trust or authority in relation to the victim, (iv) evidence that the offence was committed for the benefit of, at the direction of or in association with a criminal organization, or (

v) evidence that the offence was a terrorism offence shall be deemed to be aggravating circumstances;

(

b) a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances; (

c) where consecutive sentences are imposed, the combined sentence should not be unduly harsh or long; (

d) an offender should not be deprived of liberty, if less restrictive sanctions may be appropriate in the circumstances; and (

e) all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, withparticular attention to the circumstances of aboriginal offenders. [12] Crown counsel has generally taken the position in these sentencing proceedings that the only appropriate sentence for rioting isa custodial sentence.

Apart from cases involving an offender experiencing some mental health concerns the Crown has opposedconditional sentences as inconsistent with the fundamental purpose and principles of sentence. [13] It is generally undisputed that the lead authority on sentencing for participation in a riot is R. v. Loewen (1992) (BC CA), 75 C.C.C. (3d) 184, a decision of the British Columbia Court of Appeal. The case arose out of the Penticton riot andinvolved an eighteen year old offender who pled guilty to two counts of mischief and participating in a riot. He had no prior criminalrecord.

He was sentenced to 10 months on the riot charge consecutive to the concurrent one month sentences on the mischief counts. Onappeal the Court reduced the sentence to six months on the participation in a riot charge and one month concurrent on the mischiefcharges. A one year probation order followed the six months custody for rioting. [14] Mr. Justice Hinds, writing for the majority in Loewen, held in paragraphs 8, 9 and 10 that, To take

part in a riot is by mere presence to contribute to the excitement, fervor, intimidation and dangerousness of the unlawfulassembly. Penticton had the precedent of the riot which closed the Kelowna Regatta and rioting is becoming prevalent throughout theinner cities of North America. This is not the time for unwarranted leniency nor by the same token for unwarranted severity. Care must be taken at the same time topreserve the message of general deterrence. A riot is, by its very nature, a serious threat to orderly society.

If riots become prevalent, they will undermine many of the values of a freeand democratic society. [15] These reasons are cited by Crown counsel as authority for their position that rioting is so serious an offence that the principle ofgeneral deterrence overrides any consideration of the principle that “all available sanctions other than imprisonment that are reasonablein the circumstances should be considered for all offenders”. [16] There is now a collection of cogent, compelling judgments on the 2011 Vancouver riot to be considered.

The case bookincludes fifteen decisions, both reported and unreported, by eleven different Judges of the Provincial Court on cases arising out of the2011 Vancouver riot. The primacy to be accorded the principle of general deterrence has been acknowledged repeatedly in thesedecisions. [17] The sentences imposed range from 16 months custody to a suspended sentence with two years of probation. Custodial termshave been imposed by way of conditional sentence orders and by intermittent sentence orders.

Lengthy periods of probation withsignificant numbers of Community Work Service hours have been imposed in addition to many of the custodial terms to address the needfor reparation. [18] Crown appeals of two of these decisions, R. v. Peepre, (a September 13, 2012 decision of Walker, J.) and R. v.

KennedyWilliams, (a September 21, 2012 decision of Galati, J.) have been filed and the hearing is scheduled for the third week of January 2013. [19] Arguments have been raised on behalf of some offenders that the Court should consider the discharge provisions of theCriminal Code and impose a conditional discharge with a lengthy period of probation. It has been suggested that it would be in the bestinterests of a very youthful offender with no prior criminal record and not contrary to the public interest.

These applications have beenopposed by Crown counsel on the basis that a discharge, like a conditional sentence order, would be contrary to the public interest andincompatible with the principles of general deterrence and denunciation. Most recently, in relation to one of these applications, JudgeBastin, in R. v. Epp, Tab 35 of the Crown’s Book of Authorities, held at paragraph 63, that the Crown’s position was correct. Eric Hodson’s Participation in the Riot [20] Mr. Hodson’s participation in the riot is set out in paragraphs 40 through 56 of the ADMISSIONS OF FACT, Exhibit 3 in thisproceeding, To summarize Mr.

Hodson was captured in various locations around the Live Site before and during the riot. Shortly afterthe riot commenced he was captured on security footage standing outside the Blenz Café watching two males smash the front windowswith various items. Mr. Hodson then moves forward to pick up a large garbage can and use it to repeatedly strike the front windows ofthe Blenz Café until one of the windows falls down. He is captured on video celebrating the destruction with fist pumps and cheering. [21] Mr.

Hodson is then caught entering the Blenz Café, picking up a circular glass table top and throwing it, pick up another table

and throwing it at the door. Mr. Hodson walks over to the table, picks it up and drops it to the ground before walking out of the premises. He then walks over to a female dressed in white and hugs her. [22] Mr. Hodson then walked away, past the Black & Lee store which had been vandalized and looted. He later told the police that he had taken two steps into the premises to see the damage but denied touching any of the merchandise left in the store. [23] Mr. Hodson moved on from there with friends and moved to the 600 block of Richards Street where a number of vehicles had been vandalized and set on fire.

He and his friends spent approximately 15 minutes at that location watching people set another car on fire in the underground portion of the Parkwell Plaza Parkade. [24] Then Mr. Hodson sought assistance from a police officer to navigate his way out of the area. [25] Mr. Hodson was recognized on video by a police officer who lived in the same neighbourhood as the Hodson family. When his mother was shown the video she was able to identify her son. Subsequently Mr. Hodson attended the Vancouver Police Department and turned himself in regarding his participation in the riot.

Aggravating Factors [26] Crown counsel submitted that Mr. Hodson’s participation in the riot was aggravated by the fact that he brought alcohol to the scene, even though he had been ticketed only days before for consuming alcohol in a public place. He chose to stay in the area after the riot began, first as an observer whose mere presence, in the words of Mr. Justice Hinds “contributes to the excitement, fervor, intimidation and dangerousness of the unlawful assembly” and then as a participant wreaking havoc at the Blenz Café while a group of five people is barricaded in an office fearing for their safety.

His behaviour was not a momentary lapse but a course of conduct bent on destruction. Even after he stopped being destructive Mr. Hodson continued to support others in their rioting by his expressions of pride in his own vandalism and his enjoyment of the destruction effected by others. Mitigating Factors [27] Mr. Hodson is a youthful offender with no prior criminal history. He indicated at an early stage of the proceedings his intention to plead guilty. He has expressed great remorse over his actions and a willingness to make reparation. Mr.

Hodson, at the instance of his parents cooperated in an independent psychiatric evaluation looking specifically at his risk to reoffend. The report from Dr. Jeanette Smith, dated April 18, 2012 is Exhibit 4 in this proceeding. In her opinion “Mr. Hodson’s actions on the night of June 15, 2011 can be explained by the combination of the disinhibiting effect of a substantial quantity of alcohol consumed on an empty stomach, immaturity and the negative influence of others in his immediate vicinity. In essence while intoxicated he was carried away by the crowd dynamics”. [28] Mr.

Hodson comes from a strong and supportive family. He was described by his mother to Dr. Smith, as “a quiet boy who tends to prefer to be in the background rather than the center of attention ….. never known to be in fights or destructive behaviour, preferring a quiet life, avoiding conflict”. Crown Position on Sentence [29] The Crown submitted that the range for participating in a riot was 3 to 5 months custody with a probation term to follow imposing 100 to 150 hours of Community Work Service. Ms. Sinclair acknowledged that if the sentence was 90 days or less the court could consider an intermittent sentence.

The Crown acknowledged that the community would not be in danger if Mr. Hodson received a conditional sentence order but argued it would be inconsistent with the fundament al purpose and principles of sentencing. Defence Position on Sentence [30] Defence counsel characterized Mr. Hodson’s participation in the riot very differently from the Crown’s view of his conduct. Mr. Merrigan argued that Mr. Hodson was not an instigator but a follower who engaged in 70 seconds of stupidity. That characterization is more consistent with Mr. Hodson’s statements to the police and Dr.

Smith about how he “snapped out of it” when his friend got angry with him for his destructive acts at Blenz Café. Analysis [31] Many profound changes have occurred in our society and in the laws governing our society since Loewen was decided. Parliament introduced conditional sentences, technology has outstripped the capacity of many to stay current and social media has altered forever how people can communicate across the globe. [32] The imposition of a criminal record has historically been seen as effective in meeting the principles of denunciation and deterrence.

Criminal records carry a stigma and preclude the convicted from participating in many aspects of life, areas of employment and travel opportunities are permanently foreclosed. With the advent of social media, the Internet and Youtube there is little hope that anyone involved in public spectacle will ever be able to close the door on that exposure. Employers may now Google prospective employees, accessing information the prospective employee may be completely unaware of and have absolutely no control over.

[33] Mr. Merrigan argued that the crowd is no longer a shield for criminal behaviour. Anonymity is a dated concept in the age of camera phones in every pocket. The footage from the riot capturing hundreds and hundreds of bystanders as photographers and videographers, is evidence that one can no longer get lost in the crowd. Citizens were preserving evidence of the riot at an unprecedented rate. Images posted to the Internet can in modern parlance “go viral” and be accessed by anyone, anywhere in the world. [34] Mr.

Hodson actions, although brief, were serious both in terms of the physical destruction he caused and the encouragement he provided for the destructive acts of others. I do not consider him an instigator. The window Mr. Hodson brought down was significantly damaged by the actions of other rioters before he arrived at that location. [35] A sentence of 6 months to be served by way of a conditional sentence order will address the principles of denunciation and deterrence.

A probation order for a period of 18 months with the imposition of 125 hours of Community Work Service will address the principles of reparation and rehabilitation. [36] The terms of the Conditional Sentence Order are as follows: 1. You will keep the peace and be of good behaviour. 2. You will report to the Conditional Sentence Supervisor at 275 East Cordova Street, City of Vancouver, Province of British Columbia before 4:00 p.m. on Monday December 24, 2012, in person, and thereafter as and when directed by your Conditional Sentence Supervisor. 3.

Any changes in your name, address or employment must be reported immediately to your Conditional Sentence Supervisor. 4. You must return to Court if so directed by the Court. 5. You may not leave the Province of British Columbia without the written permission of either the Court or your Conditional Sentence Supervisor. 6. You will abstain absolutely from the possession and consumption of alcohol and any drugs or substances which are not prescribed for you. 7.

You will not be outside your place of residence between the hours of 8:00 p.m. and 6:00 a.m. the following morning, seven days per week, unless you have the pre-arranged permission of your Conditional Sentence Supervisor to be outside during the hours of the curfew for a specific purpose. 8. You will present yourself at the door of your residence or answer your telephone to confirm to any peace officer your compliance with the curfew condition. 9. You will participate in counseling, training and programming at the direction of your Conditional Sentence Supervisor. 10.

You are not to attend at any Blenz Café in the Province of British Columbia. 11. You are not to possess any weapons as they are defined in

Section 2 of the Criminal Code . [37] The terms of the probation order are as follows: 1. You will keep the peace and be of good behaviour. 2. You will, immediately upon the expiration of your Conditional Sentence, begin reporting, as and when directed by your Conditional Sentence Supervisor to the Probation Office to commence your probation term.

3. You will participate in counseling, training and programming as directed by your Probation Officer. 4. You will, at the direction of and to the satisfaction of your Probation Officer, perform 125 hours of Community Work Service in the first 14 months of your probation term. 5. You will not attend at any Blenz Café in the Province of British Columbia. 6. You will not possess any weapons as they are defined in

Section 2 of the Criminal Code . [38] The Victim Fine Surcharge applies and you have 2 months time to pay the surcharge which is payable at any Court Registry. The Honourable J.F. Palmer Provincial Court of British Columbia 223532-1-V Vancouver Registry IN THE PROVINCIAL COURT OF BRITISH COLUMBIA HER MAJESTY THE QUEEN AGAINST ERIC HODOSN ADMISSIONS OF FACT Pursuant to

Section 655 of the Criminal Code , the following facts are hereby admitted for the purpose of dispensing with proof thereof at the sentencing hearing herein: THE RIOT GENERALLY 1 . On June 15, 2011, the Vancouver Canucks hockey team played game seven of the Stanley Cup Finals against the Boston Bruins (the “Game”) in the City of Vancouver, Province of British Columbia (“Vancouver”). A riot occurred in the downtown core of Vancouver between approximately 7:30 p.m. on June 15, 2011 and 12:30 a.m. on June 16, 2011 (the “Riot”).

A copy of a map of the downtown core of Vancouver depicting the area where Riot-related incidents occurred is attached under Tab 1 of the Crown Book of Documents which is marked as an Exhibit in these proceedings (“the Crown Book of Documents”).

2 . Eric Hodson (“Hodson”) participated in the Riot. 3 . On June 15, 2011, there were approximately 155,000 people in the downtown core of Vancouver during the Game at various venues including Roger’s Arena, public viewing locations, private residences, restaurants and bars. 4 . The main public viewing site was situated around the Vancouver Public Library bounded by West Georgia Street to the North, Robson Street to the South, Hamilton Street to the East and Homer Street to the West (the “Live Site”).

A map showing the location of the Live Site and nearby businesses is attached under Tab 2 of the Crown Book of Documents. 5 . Approximately 55,000 people watched the game at the Live Site. An image made up of 216 photographs taken over a 15-minute timeframe at approximately 5:45 p.m. is attached under Tab 3 of the Crown Book of Documents. 6 . Television coverage of the Game commenced at 5 p.m. The Boston Bruins won the Game at approximately 7:45 p.m. with a final score of 4-0. 7 . Two vehicles were parked in front of the Canada Post Building in the Live Site during the Game.

Those vehicles were a silver Nissan Versa, B.C. licence plate 927TKP (“the Versa”), and a green GMC Sierra, B.C. licence plate, CF4717 (“the GMC”). 8 . At approximately 7:42 p.m. the Versa was overturned. That vehicle was damaged and ultimately set on fire and destroyed shortly before 8:00 p.m. The Riot started at this location and spread throughout the downtown core of Vancouver. A video contained on the DVD marked as an Exhibit in these proceedings (“the DVD”) depicts the general atmosphere at the Live Site at the end of the Game and shows the Versa being overturned. 9 .

Minutes before the Versa was set afire, rioters began to attack the GMC. 10 . After the Versa was set on fire, police officers forced the crowd away from the Versa and ultimately away from the GMC. Firefighters attended and put out the fire. 11 . After the firefighters put out the fire, the crowd returned to the GMC. The GMC was ultimately overturned and was set on fire at approximately 8:30 p.m. 12 . Three photographs attached at Tab 4 of the Crown Book of Documents depict: (

i) the Versa overturned and on fire; (ii) Firemen making efforts to contain and stop the fire to the Versa; and (iii) the GMC on fire and the Versa overturned. 13 . A video on the DVD depicts the scene at the Live Site after the inception of the riot. 14 . As the rioting crowds occupied West Georgia Street and the surrounding areas, multiple commercial premise windows were broken and the contents of the premises looted. Vehicles were vandalized, broken into and set on fire. Crowds of people faced off against the police and projectiles were thrown at the police.

Numerous police officers and civilians were assaulted. An atmosphere of lawlessness, violence and destruction quickly consumed the downtown core of Vancouver including the 400-block of West Georgia Street and the 600-block of Richards Street. RIOTING AT BLENZ COFFEE 15 . A commercial building located at the corner of West Georgia Street and Richards Street with the street address 475 West Georgia

Street is owned and managed by Austeville Properties Ltd. This building is located one-block west of the Live Site and leases retail space to the following businesses: a. Black & Lee Formal Wear, located at 688 Richards Street (“Black & Lee”) b. The Blenz Cafe located at 495 West Georgia Street (“Blenz”); and c. Da Gino Restaurant located at 100-475 West Georgia Street (“Da Gino”). 16 . On June 15, 2011, Austeville Properties Ltd. had operational security cameras located on the exterior of 475 West Georgia Street which video recorded activity in front of Blenz, Black & Lee and Da Gino.

This video contains no sound and is time and date-stamped. Portions of this video are contained on the DVD. 17 . The Parkwell Plaza Parkade (“the Parkade”) is located across the street from Black & Lee, at 655 Richards Street. The Parkade contains a multi-level parking structure to the south and outdoor street level parking to the north. 18 . A map showing the location of Blenz, Black & Lee and the Parkade in relation to one another is attached under Tab 5 of the Crown Book of Documents. 19 . Blenz is approximately 1000 square feet, with one entrance/exit facing towards West Georgia Street. 20 .

On June 15, 2011, Blenz was open for business with three employees working, including the franchise owner, Ms. Min Dun (“Ms. Dun”). Da Gino was also open and had several patrons in the restaurant. Black & Lee was closed and there were no employe es inside the store at the time of the Riot. A security guard was also working at 475 West Georgia Street. 21 . On June 15, 2011, Blenz was scheduled to close at 8:00 p.m. However, by 5:00 p.m., Ms. Dun noticed the area around the store getting very crowded and many people were becoming intoxicated. By 6:00 p.m., Ms.

Dun could hear increased sounds of displeasure from the crowd watching the Game and she became worried the situation may get out of hand. As a result, Ms. Dun decided to bring all of the store’s outdoor furniture inside and close Blenz earlier than scheduled. Staff closed and locked the doors, with some customers still inside. Ms. Dun and her staff began doing their usual end-of-shift clean up duties to prepare for opening the following day. 22 . Between 8:00 p.m. and 8:30 p.m., approximately 300 to 400 people had formed crowds at the corner of West Georgia Street and Richards Street.

During this time, windows at Da Gino and the common entrance for 475 West Georgia began to be smashed. 23 . Shortly after 8:30 p.m., windows at Blenz and Black & Lee began to be smashed. 24 . The first act of destruction at Blenz involved a young male who rammed a shopping cart into the store window causing the glass to shatter. Ms. Dun witnessed this incident and initially began to clean up the damage to the store. 25 . A few minutes later, members of the crowd began throwing newspaper boxes and other objects at the Blenz windows causing the windows to shatter.

Members of the crowd began entering and causing destruction inside the store. 26 . Ms. Dun, the staff members and a lone customer were initially hiding behind the customer service counter. They did not feel it was safe to leave the store. Ms. Dun heard people in the crowd say that a car was on fire and she saw thousands of people outside cheering. 27 . Out of fear and to avoid injury, Ms. Dun, the staff members and the customer moved into a small office in the back of the store and barricaded themselves inside.

They propped up a ladder and other objects in front of the door to prevent the rioters from coming inside. 28 . At 8:37 p.m., Ms. Dun made her first call to 911 seeking help from the police. During this call she reported that people were

smashing the windows of the Blenz and destroying her store. Ms. Dun made two additional calls to 911 seeking help from police at 8:44 p.m. and 9:00 p.m. 29 . At 8:40 p.m., a citizen called 911 to report a large group of people smashing the windows of the Blenz. The citizen advised the call taker that there were hundreds of people around the Blenz and a group of approximately twenty people who seemed intent on destroying the store. 30 . The 911 calls referred to in paragraphs 28 and 29 above are contained in the the DVD marked as an Exhibit in these proceedings. 31 .

While the destruction and looting was occurring at Blenz, groups of people were also breaking the front windows of Black & Lee and looting this store. Black & Lee is adjacent to Blenz on the north. The large windows of the Bank of Montreal, located to the south of Blenz on West Georgia Street, were also being smashed by groups of people at this time. 32 . Ms. Dun, the staff and the customer remained barricaded in the small office until police were able to secure the area near the intersection of West Georgia Street and Richards Street. When Ms.

Dun was able to exit the small office, she saw that her store had been completely destroyed. 33 . When Ms. Dun was able to leave Blenz on the night of the Riot, she went to where she had parked her vehicle to drive home. At the time Ms. Dun reached her vehicle, she observed a young male jumping up and down on her car. Ms. Dun saw that her vehicle had been vandalized during the Riot and the windshield was shattered. Ms. Dun was not able to drive her vehicle home. 34 .

Photographs taken on June 16, 2011 by a police officer with the Vancouver Police Department’s Identification Unit show the destruction to Blenz on the night of the Riot. These photographs are attached at Tab 6 of the Crown Book of Documents. 35 . Portions of the destruction and looting that occurred at Blenz during the Riot are depicted in the video contained on the DVD marked as an Exhibit in these proceedings. 36 . The damage to Blenz was substantial. All of the front windows were destroyed. Merchandise and equipment was stolen and/or destroyed. In total, the overall amount of loss to Blenz was over $100,000.

The damage was so extensive it required a prolonged closure for refurbishment. The store remained closed for 64 days (until August 19, 2011) when it re-opened for business. 37 . Brian Noble is a Director and co-founder of Blenz Coffee. Mr. Noble’s two-page victim impact statement, dated July 26, 2011, is attached at Tab 7 of the Crown Book of Documents. 38 . Larry Kinash is the Vice-President of Development of Blenz Coffee. Mr. Kinash’s one-page victim impact statement dated July 26, 2011 is attached at Tab 8 of the Crown Book of Documents. 39 . On August 26, 2011, Ms.

Dun provided an audio and video-taped statement to police where she described what she observed and the actions she took during the Riot. In this statement, Ms. Dun also described the emotional, physical and financial impacts she continued to experience as a result of the actions of the rioters. Portions of her transcribed statement wherein she described the impact that the rioters’ actions have had upon her are attached at Tab 9 of the Crown Book of Documents. HODSON’S PARTICIPATION IN THE RIOT 40 .

At approximately 4 p.m., on June 15, 2011, Hodson arrived downtown with a friend and watched the Game at the Live Site. 41 . While at the Live Site, Hodson and his friend joined up with other people familiar to them.

42 . On the night of the Riot, Hodson was wearing black jeans, a royal blue coloured short-sleeved t-shirt with a Canucks logo on the front, white runners, a dark-coloured baseball hat worn backwards and yellow sunglasses. 43 . Hodson was present in front of the Blenz from 7:44 p.m. to approximately 7:54p.m. His presence at these times was video-recorded by Austeville Properties Ltd. external security cameras (referred to in paragraph 16 above) and contained on the DVD marked as an Exhibit in these proceedings. 44 .

Hodson’s presence at the Live Site, on West Georgia Street near Homer Street, is depicted in the photograph located at Tab 10 of the Crown Book of Documents. 45 . Hodson travelled westbound on West Georgia Street, past the Bank of Montreal on the north, towards the intersection of Richards Street and West Georgia Street. Blenz is located at the north-east corner of the Richards Street and West Georgia Street. 46 . Hodson’s presence on the sidewalk of West Georgia Street, near the Blenz, is depicted in a series of 13 photographs attached at Tab 11 of the Crown Book of Documents. 47 .

Hodson moved closer to the front of the Blenz and stood with a female friend watching two males smash the front windows of Blenz with various items. A series of 10 photographs attached at Tab 12 of the Crown’s Book of Documents depicts Hodson’s presence near the front of Blenz watching the males smash the Blenz windows. 48 . Hodson’s actions in relation to the Blenz were captured on a number of videos which are contained on the DVD marked as an Exhibit in these proceedings. Hodson is seen initially watching the two males (referred to in paragraph 47 above) smash the windows of the Blenz.

Hodson is seen to move forward, pick up a large garbage can and repeatedly hit the windows of the Blenz with this garbage can. Hodson is also seen kicking the window of the Blenz. The video shows that Hodson’s actions directly cause a large front window of the Blenz to fall down. 49 . Hodson was further captured on video entering the Blenz, picking up a circular glass table top and throwing it into the Blenz. After doing so, Mr. Hodson is seen to pick up a table from inside the Blenz, throw it towards the door of the Blenz and then pick it up again.

Hodson is seen to drop the table on the ground and hug a female dressed in white. 50 . Some of Hodson’s actions in smashing the windows of the Blenz were captured in a series of photographs at Tab 13 and Tab 14 of the Crown’s Book of Documents. 51 . After smashing the windows of the Blenz, Hodson walked past the Black & Lee Tuxedo store located adjacent to Blenz. At the time Hodson walked past the Black & Lee, many of the windows of the store had been smashed and much of the store’s contents had been looted.

On September 12, 2011, Hodson provided a statement to police wherein he stated that he took two steps into the Black & Lee because he was curious to see the damage but he did not touch any of the merchandise inside the store. 52 . Hodson and his friends travelled northbound in the 600-block of Richards Street past the Parkwell Plaza Parkade. At this time, a number of vechicles in the Parkade were being destroyed and/or set on fire.

In his statement to police on September 12, 2011, Hodson stated that he watched people setting a car on fire in the underground portion of the Parkade for approximately 15 minutes, after which time, he and his friends tried to determine how to leave the area and sought advice from a police officer. 53 . During his statement to police, Hodson advised he later caught the skytrain to Richmond, B.C. and, from there, took a bus home. 54 .

On September 7, 2011, a police officer working with the Integrated riot Investigation Team viewed a video posted on the social media website “YouTube” that showed Hodson smashing the windows of Blenz. The police officer recognized Hodson in the video as she resided in the same neighbourhood as Hodson and his family. The police officer contacted Hodson’s mother, who was then shown the video and confirmed her son’s identity.

55 . On September 12, 2011 Hodson attended at the Vancouver Police Department to turn himself in with respect to his activities during the Riot. At this time, Hodson provided a statement to Cst. Cecil of the Integrated Riot Investigation Team in which he stated the following: a. He went downtown with a friend to watch the game; b. He and his friend arrived downtown at approximately 4:00p.m. and watched the entire Game at the Live Site; c. While at the Live Site, Hodson and his friend joined up with other people that they knew; d.

He drank between one-half to three-quarters of a mickey of alcohol but did not consider himself to be highly intoxicated; e. On a sobriety scale of 1 to 10, put to him by Cst. Cecil, with 1 being stone cold sober and 10 being I’m so drunk I want to pass out and puke, Hodson described himself at a 4 or 5; f. He described himself as “normal drinker” who is a “pretty funny drunk...I don’t do anything stupid really like, I just, I don’t know like having a good time or whatever but this was obviously different.” g.

He and his friends went to the Live Site to watch the Game and they were all singing, sitting around and drinking; h. The tension began to get higher in the crowd during the Game as the Canucks were losing; and, i. After the Game ended, “it just started getting like, you know, pretty crazy” …. “cars are getting setting on fire” and “explosions started going off”. 56 .

With regard to his actions at the Blenz, Hodson had this to say during his statement to police: Hodson: … The one I’m in the video of, yeah, um, yeah, we’re sitting there and like watching I guess it was ‘cause we’ve been drinking we wanted to like, wanted to like, I don’t know we didn’t leave right away because we were just like, I wanna like see like what’s happening, right, like, kinda like observe.

Guess like, it wasn’t a good idea but yeah and then we’re sitting there watching and then, I don’t know, everyone was just like smashing windows and like, I don’t know, I had, I had been drinking and like, everyone’s like cheering it’s just like a crazy environment there I guess like, I don’t know why but like, I saw this garbage can in front of me and there was this window there and like it was all broken but like it was still standing and… …I don’t know why but I just ran up, grabbed the garbage can and started like, throwing it at the window… Hodson: …I don’t know why. It was like really stupid. Cst.

Cecil: How many times did you throw it at that? Hodson: Um, pretty sure it was three times. Cst. Cecil: Oh, okay and did it, did it break? Hodson: Um, well it was already like really broken but yeah, it like, it went down. After that um, (makes noise) a few of my friends kinda asked me like, what the hell are you doing, right, like, what are you thinking? I was like, I don’t know like, I realize like, I’m being like dumb like I shouldn’t, I shouldn’t be doing this. IMPACT OF THE RIOT 57 . Set out below is a

summary of the overall context and impact of the Riot on the City of Vancouver, its citizens and businesses.

58 . On the night of the Riot 1035 Emergency Personnel were deployed to the downtown core of Vancouver divided as follows: a. 928 police officers of which 606 were members of the Vancouver Police Department and 322 were members from other lower mainland municipalities and the Royal Canadian Mounted Police (“Police”); b. 63 members of the Vancouver Fire and Rescue Services (“Fire Services”) and; c. 44 members of the British Columbia Ambulance Service (“Ambulance Services”). 59 . On June 15, 2011 there were more calls to 911 in the 4 hour period after the Game then there had historically been in any 24 hour period.

For example, at one point during the Riot there were 92 calls to 911 for Ambulance Services placed on hold. 60 . On June 15, 2011 at approximately 8:17 p.m. Ambulance Services Command determined that the area East of Burrard Street was not safe and relocated all, except six of their members, to St. Paul’s Hospital. Six specially trained Ambulance Services members of the Integrated Tactical Support Unit (“ITSU”) remained with the Police in the area of the Riot. ITSU members responded to calls within the area of the Riot and coordinated casualty removal to safe areas for treatment.

The six ITSU members were the only medical resource available in the area of the Riot. ITSU dealt with over 100 patients during the Riot. 61 . Between 6 p.m. on June 15, 2011 and 6 a.m. on June 16, 2011 St. Paul’s Hospital dealt with 150 emergency room visits. In comparison, Vancouver General Hospital dealt with 15 emergency room visits for the same time frame. St. Paul’s Hospital also set up a patient decontamination area outside of the emergency room to deal with patients suffering from exposure to tear gas or pepper spray. An additional 100 people were treated at the decontamination area. 62 .

The Integrated Riot Investigation Team of the Vancouver Police Department has identified 297 Riot Events. A Riot Event is an incident relating to either a certain location, such as London Drugs, a piece of property, such as a motor vehicle, or a person, such as a victim of an assault. For example, the Break and Enter to London Drugs located at 710 Granville Street which involved looting of the store by approximately 300 individuals was recorded as a single event.

The 297 events involved: a. 26 arsons; b. 193 mischiefs; c. 26 break and enters; and d. 52 assaults, of which 32 were to police officers and 1 was to a firefighter. 63 . There were 116 arrests in the area of the Riot on June 15, 2011. 64 . During the Riot: a. 112 businesses were damaged; b. 122 vehicles were damaged or destroyed, divided into three main categories of: i. 93 privately-owned vehicles; ii. 5 business-owned vehicles; iii. 24 emergency vehicles (police and fire department); 65 .

The resulting monetary loss is: a. $2,715,591.59 to businesses; b. $537,869.00 to civilians; c. $524,730 to the City of Vancouver, Ambulance Services and St. Paul’s Hospital.

66 . As of February 2, 2012 the total estimated monetary loss as a result of the Riot is $3,778,190.59. This figure is not a comprehensive representation of loss as 85 events have not provided estimates of loss and many additional costs such as lost wages, or labour costs for businesses have not been included. 67 . The psychological impact of the Riot is difficult to quantify as personal experiences varied greatly. Some persons barricaded themselves inside businesses for safety, others guarded their businesses against rioters, a number of citizens defended property or other persons at risk to themselves.

Some people have sought counselling. DATED this ___th day of September , 2012 , at the City of Vancouver, Province of British Columbia. _______________________________________ Kelly Merrigan, Counsel for the Accused _______________________________________ R. Sinclair, Crown Counsel