R. v. Dennis Date:, 2013 BCPC 16

Citation: R. v. Dennis Date: 20130129 2013 BCPC 0016 File No: 223576 Registry: Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. NATALEE DENNIS REASONS FOR SENTENCE OF THE HONOURABLE JUDGE D. SENNIW Counsel for the Crown: D. Porte Counsel for the Defendant: J. Tarnow Place of Hearing: Vancouver , B.C. Dates of Hearing: December 19, 2012 Date of Judgment: January 29, 2013 [ 1 ] Twenty three year-old Natalee Dennis of Tofino has pled guilty to taking

part in a riot in Vancouver on June 15, 2011.

[2] Rioting is defined in the Criminal Code (s. 65) as an unlawful assembly that has begun to disturb the peace tumultuously. Thisindictable offence carries a maximum punishment of two years imprisonment. [3] What differentiates taking

part in a riot from other offences which could be made out on the same behavior is the context: it isa group action which has destruction as its common purpose and the actions and presence of one encourage others to participate,undermining the values of a free and democratic society (R. v. Burkett 2012 BCPC 315 , 2012 BCPC 0315, para. 3, and casescited therein). During a riot, the rule of law is suspended by virtue of the actions of the rioters (R.v. Patillo 2012 BCPC 299, para. 40).

The Riot [4] As described in Burkett , on June 15, 2011, approximately 55,000 people watched the Vancouver Canucks Hockey Team playthe Boston Bruins in the deciding game of the Stanley Cup finals at an outdoor public viewing site set up by the City of Vancouver onWest Georgia Street. Over 100,000 others were watching the game elsewhere in the downtown area. Minutes before the Boston Bruinswon the game, a passenger vehicle was overturned at the public viewing area and then set on fire. The riot began at this public viewinglocation and spread throughout downtown Vancouver.

Businesses were looted, vehicles vandalized, and police and civilians assaulted(the “Riot”). That night there were 116 arrests in the area of the Riot. [5] The Emergency 911 line received more calls in the four hours after the game on June 15, 2011, than it had received in any prior24-hour period. The Vancouver Police Department Integrated Riot Investigation Team has identified 297 riot events each relatingspecifically to a location, a piece of property or a person. During the Riot, 112 businesses were damaged; 122 vehicles, including 24emergency vehicles, were damaged or destroyed.

The total monetary loss as a result of the Riot as at February 2, 2012, was over$3,700,000, three-quarters of that relating to damage to businesses and the remainder suffered by civilians, the City of Vancouver,Ambulance Services and St. Paul's Hospital (Burkett, paras. 4 and 5). [6] As observed by my brother Judge Low in R. v.

Yates (2012 BCPC 250 , 2012 BCPC 0250), the crowd engaged in theriot appeared to be composed almost entirely of young men and women who seemed to have completely lost sight of who they were,who the police were, and that they were destroying the community and the neighbourhood of downtown Vancouver (para. 12). Therioters were intent on destruction for the sake of destruction, and those involved were apparently thoroughly enjoying themselves. It isthis last fact that makes the rest so frightening. The actions of the rioters were such that it is extraordinary that no one was disabled orkilled (Patillo, para. 17).

The resulting damage to the reputation of the City of Vancouver is incalculable (Yates, para 16). The crowd’sbehavior toward the police was enormously disturbing and the police acted with admirable restraint (Yates, para. 12). Ms. Dennis’ Actions [7] Ms. Dennis left her home in Tofino at 10 am on June 15, 2011, with some friends to begin the six hour trip to Vancouver. Shestarted drinking once they left and was very intoxicated the entire day. She was among the 55,000 people watching the game at thepublic viewing site on W. Georgia St.

Just before the end of the game, a Nissan Versa parked in front of the Canada Post building at thepublic viewing site was overturned. It was set on fire at about 8 pm. Ms. Dennis is visible in the crowd watching as firefighters put outthe blaze. She is photographed standing on the charred remains of the vehicle, arms in the air. [8] After the Nissan is destroyed, Ms. Dennis moves slightly further west toward a small fire that had been set on the pavement infront of the post office.

She throws something on the fire. [9] Next, a GMC is vandalized, and despite the efforts of a good Samaritan trying to hold the crowd back, the truck is overturnedand, with the crowd chanting “set it on fire” is set on fire at about 8:30 pm. Ms. Dennis is in the crowd watching the vandalism, andapproaches the truck, after dozens of others have, to help flip it over. [10] The crowd then moves further east on Georgia Street, and some, including Ms. Dennis, find themselves in the parking lot at 688Cambie Street. There were a number of cars parked in that lot, including two marked police cruisers. Ms.

Dennis is in a crowd of about100 people watching some of the rioters vandalize the police vehicles. Ms. Dennis is then seen pulling at an open door to one of thevehicles as the other car is rolled on its side. She is later seen approaching the same vehicle as the crowd is chanting “burn it”. Shepushes at the car, and yells to others,” Help us flip it.” A good Samaritan intervenes to try and prevent further damage to the police cars,and he is set upon by some in the crowd. Ms. Dennis remains in the crowd near the vehicles.

Later, she stands on the hood of one of thecars, and kicks at its already shattered windshield. [11] The destroyed Versa and GMC belonged to the same owner. He watched helplessly as his vehicles were destroyed. The cost tohim was over $40,000.00. The GMC was to be his son’s graduation gift. The replacement value of the two police vehicles, which werelater set on fire, is $100,000.00. Natalee Dennis’ Circumstances [12] Ms. Dennis had no intention of participating in a riot. No doubt because of the amount of alcohol she had consumed she cannotremember getting to Vancouver, nor can she remember much of that evening.

She went home to Tofino the next day. [13] Her mother informed her that there were photographs of her taken during the riot which were posted on the Internet. Ms.Dennis was shocked, disappointed, and disgusted with herself. [14] She contacted legal counsel, and flew to Vancouver to turn herself in. [15] In a town the size of Tofino there is no anonymity and Ms. Dennis has been ostracized and has faced nasty comments. Shereports suffering from anxiety attacks, periods of depression and having difficulty sleeping. [16] As a result of these events, Ms. Dennis began to cut back on her drinking.

She sought the assistance of Louis Frank, a counselorwith the Ahousat First Nations and undertook a cultural program of healing and recovery. She has not had any alcohol since.

[17] Ms. Dennis has held a number of jobs since her graduation from high school. She hopes to become a paramedic and recentlycompleted the Emergency Medical Responders Program through the Justice Institute on the Victoria campus. [18] Ms. Dennis is a member of the Ahousat First Nation. Her mother attended at a residential school. I have been provided with abrief history of the Ahousat on Vancouver Island. Ms. Dennis has support through cultural organizations in continuing with her healingand recovery. [19] Ms. Dennis has written letters of apology to the Mayor of Vancouver and to the Chief of Police.

Numerous individuals haveprovided letters of support for Ms. Dennis attesting to her good character and positive characteristics. Several of these letters referred tothe positive impact on Ms. Dennis of the healing retreat on Bartlett Island undertook in October. [20] Ms. Dennis is remorseful. In court, she apologized to the citizens of Vancouver and British Columbia. She expressed hershame, and stated that she would never do anything like this again. She said she was caught up in the moment and is taking fullresponsibility. She also apologized to her parents, who she said raised her better than this.

THE LAW [21] I have reviewed the authorities which have been provided to me, and I attach a list of those authorities to this decision as“Appendix A”. [22] The statutory and common law principles which apply when sentencing an individual for rioting are well summarized atparagraphs 34 – 43 of Patillo. Denunciation and general deterrence are the primary sentencing objectives. A sentence should reflect themoral blameworthiness of the offender, and communicate society’s condemnation of the offender’s conduct (R. v. M. (C.A.), (SCC), [1996] 1SCR 500, para. 81). [23] I must bear in mind Ms.

Dennis’ First Nations status: R. v. Gladue 1999 SCR 688 and R. v. Ipeelee 2012 SCC 13. [24] I also bear in mind the stigma that a criminal record carries (R. v. D.E.S.M., (BC CA), [1993] BCJ 702(BCCA)), and the limitations which it may place upon Ms. Dennis in the future. ANALYSIS [25] Vancouver was throwing a party and Ms. Dennis and her friends wanted to be there. They left Tofino and at the same time Ms.Dennis began drinking. She continued drinking so that her memory of the events of that day and of that evening is limited.

She returnedto Tofino the next day, and when her mother informed her of the photographs of her at the riot posted on the Internet she quickly madearrangements to turn herself in. [26] Crown proposes a four to six month jail term as an appropriate sanction, followed by probation and 100 hours of communitywork service. Ms. Dennis’ counsel suggests a nine month conditional sentence order, followed by fifteen months probation withcommunity work service. This sentence is one my brother Judge St. Pierre imposed on Mr.

Sawicki (2012 BCPC 411 , 2012BCPC 0411), a young man who, among other actions, tried to light the GMC referred to earlier on fire, and remained in the downtowncore until midnight. [27] While Ms. Dennis was present at the public viewing area on Georgia Street when the riot began, she was not an instigator. From time to time, she encouraged others in their destructive behaviour and participated to a limited extent in the crowd destroying aprivate motor vehicle and a police cruiser. She was involved in the riot for approximately an hour and a half. [28] Ms.

Dennis has considered the impact alcohol had on her behavior that night. She began to cut back on her drinking, andfollowing a culturally-based healing program has abstained from consuming alcohol. At the same time she has pursued post secondaryeducation in furtherance of her goal to become a paramedic. [29] Ms. Dennis is remorseful. She accepts responsibility for her actions. She has the support of her family and of her community [30] Considering Ms.

Dennis’ early guilty plea, remorse, lack of criminal record, her notoriety in the community because of thisoffence, her acceptance of responsibility and the steps she has taken since the offence, including a culturally-based healing and recoveryprogram and subsequent abstinence from alcohol, and her positive plans for the future, I believe that denunciation can be addressed by astrict Conditional Sentence Order, in the range proposed by the crown, bearing in mind that members of Ms. Dennis’ small communitywill be aware of her circumstances.

This sentence can also provide a deterrent effect as the community will be aware of the severity ofthe sentence. Further, conditional sentence orders are uniquely able to address both punitive and restorative objectives (R. v. Proulx 2000SCC 5 at paras. 98 – 100, 106 – 107). [31] Ms. Dennis, you will be on a jail sentence, to be served in the community for a period of four months.

There are a number ofstatutory conditions which will be reviewed with you when you sign the Conditional Sentence Order. [32] You must report by 4 pm today, January 29, to a sentence supervisor at 275 East Cordova Street, and thereafter as and whendirected. [33] You are to reside where directed by your sentence supervisor. [34] Except for a genuine medical emergency pertaining to yourself you are not to be found outside of your place of residence for theduration of this order, except while travelling directly to and from or while at : (

a) your place of schooling or employment previously approved of by your sentence supervisor; (

b) meetings with your sentence supervisor;

(

c) any location approved of in writing by your sentence supervisor; or, (

d) for any reason deemed appropriate by your sentence supervisor including counselling, community work service, or participation inaboriginal cultural or healing practices. [35] You may be outside of your residence for three hours once per week to attend to personal chores, at a time approved of inadvance by your sentence supervisor. [36] You are to present yourself at the door of your residence when requested to do so by a peace officer or a sentence supervisor toconfirm compliance with these conditions. [37] You are not to possess or consume any alcohol or intoxicating substances. [38] You are to attend, participate in and complete any programs or counselling as directed by your sentence supervisor includingany psychological, psychiatric, educational or career assessments and subsequent counselling. [39] You are to complete 30 hours of community work service. [40] Ms.

Dennis, I remind you that this is a jail sentence. It is to be served in the community. Should you breach any term of thissentence, you may be ordered to serve the remainder of the sentence in institutional custody. [41] At the expiration of your conditional sentence you will be on probation for one year.

You are to report within 72 hours of the expiration of your sentence to a probation officer at Port Alberni Probation Office, 3019 4th Avenue, Port Alberni, British Columbia,V9Y 2B8; toll free telephone number 1-888-770-4770, and thereafter as and when directed. [42] You are to perform 80 hours of community work service within the first nine months of your probation. [43] You are to attend, participate in and complete any programs or counselling as directed by your probation officer. [44] The victim fine surcharge will apply. ____________________________ The Honourable Judge D.

Senniw Provincial Court of British Columbia APPENDIX A R. v. Loewen, (BC CA), 75 CCC (3d) 184, 1992 CarswellBC 1104 (WL Can)(BCCA) R. v. Breault, [1991] 39 QAC 73, JE 91-1242 (WL Can) R. v. Simpson, 2004 ABCA 390, 2004 CarswellAlta 1595 (WL Can) R. v. Blackshaw, [2011] EWCA Crim 2312 Times R. v. Catenacci, 2012 ONCA 187, [2012] OJ No 1323 (QL) R. v. Post (26 September 1991), Penticton 18726-2C2, (SCBC) Unreported decision of Oliver J. R. v. Simpson, [2005] AWLD 1584 CarswellAlta 1886 (WL Can) R. v. Starcevic (21 August 1991), Penticton 18759 (BCPC) Unreported decision of Behncke, J. R. v.

McCabe (16 October 1991), Penticton 18947 (BCPC) Unreported decision of Weddell, J. R. v. Newth (19 March 1992), Penticton 18571C (BCPC) Unreported decision of Sinclair, J. R. v. Fuller, JE 95-1118, 1995 CarswellQue (WL Can) (Que Mun Ct) R. v. Aboukhazaal (13 October 1994), Vancouver 80926D (BCPC) Unreported decision of Weitzel, J. R. v. Holness (20 October 1994), Vancouver 80827-80828D (BCPC) Unreported decision of McGivern, J. R. v. Psarrakis (28 April 1995), Vancouver 83317-D (BCPC) Unreported decion of McGivern, J. R. v. Manson (19 May 1995), Vancouver 788873-DC (BCPC) Unreported decision of Craig, J.

R. v. Snyder, 2007 BCPC 161, [2007] BCJ No 1113 (QL) R. v. EP, 2007 BCPC 159, [2007] BCJ No 1111 (QL) R. v. Cote, 2011 ONCJ 778, 2011 CarswellOnt 14792 (WL Can) R. v. Henry, 2011 ONCJ 501, 278 CCC (3d) 344, 2011 CarswellOnt 10039 (WL Can) R. v. Catenacci, 2011 CarswellOnt 15707 (WL Can) (Ont CJ) R. v. Coon, 2012 ONCJ 72 R. v. Ravindharaj, 2012 ONSC 6260, [2012] OJ No 5154 R. v. Dickinson, 2012 BCPC 40, [2012] BCJ No 314 (QL) R. v. Alviar, 2012 BCPC 181, [2012] BCJ No 1179 R. v. Snelgrove, 2012 BCPC 235 R. v. Yates, 2012 BCPC 250 R. v. Patillo, 2012 BCPC 299 R. v. Cacnio, 2012 BCPC 314 R. v.

Burkett, 2012 BCPC 315 R. v. Peepre, 2012 BCPC 328 R. v. Kennedy Williams (21 September 2012), Vancouver 223500-2-VC (BCPC) Unreported decision of Galati, J. R. v. Pateman (5 October 2012), Vancouver 223534-1-V (BCPC) Unreported decision of St. Pierre, J. R. v. Long (5 October 2012), Vancouver 223500-2-VC (BCPC) Unreported decision of St. Pierre, J. R. v. Dorosh, 2012 BCPC 370 R. v. Epp (24 October 2012), Vancouver 223510-1-V (BCPC) Unreported decision of Bastin, J. R. v. Sawicki, 2012 BCPC 411 R. v. Lau (05 November 2012), Vancouver 223529-1-V (BCPC) Unreported decision of Harris, J. R. v.

Proulx, 2000 SCC 5, [2000] SCR 61, [2000] SCJ No 6 (QL) R. v. CAM, (SCC), [1996] SCR 500, [1996] SCJ No 28 (QL)