R. v. Pope Date:, 2014 BCPC 12

Citation: R. v. Pope Date: 20140120 2014 BCPC 0012 File No: 223626-1-V Registry: Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. CHRISTOPHER DOUGLAS POPE EXCERPTS FROM PROCEEDINGS REASONS FOR SENTENCE OF THE HONOURABLE JUDGE C. BAGNALL Counsel for the Crown: D. Porte Counsel for the Defendant: J. Ray Place of Hearing: Vancouver , B.C. Date of Hearing: January 20, 2014

Date of Judgment: January 20, 2014 [ 1 ] THE COURT: On July the 16th, 2013, Christopher Douglas Pope entered pleas of guilty to a charge of taking

part in a riot contrary to s. 65 of the Criminal Code and to a charge of assault contrary to s. 266 of the Code . Submissions respecting sentence were heard on November 18, 2013, and I reserved sentencing until today. [ 2 ] The events which gave rise to the charges occurred two and a half years ago, approximately, on June 15th, 2011, after the final game of the Stanley Cup playoffs for that year.

The details and the impact of the riot which occurred in Downtown Vancouver have been described in literally dozens of decisions of this court and are also set out in succinct form in Exhibits 3 and 4 which have been filed in these proceedings. I will not repeat that information here, but I have taken all of it into account. [ 3 ] The Crown takes the position that a jail sentence of seven months is appropriate here.

The defence agrees that a jail sentence is necessary, but submits that a sentence of 90 days served intermittently, or a lengthier sentence which would be served by way of a Conditional Sentence Order would address all of the principles of sentencing and, of course, the sentence which is the least intrusive but addresses all of the principles of sentencing is the appropriate sentence. [ 4 ] Here is what Mr. Pope did that I have been told about during the riot. After the game, Mr. Pope was in the area of Georgia and Homer Street. There was chaos in that area. Fights were breaking out.

Early on in the proceedings in the course of the evening, at approximately 7:39 p.m., he can be seen on some of the video recordings, in particular jumping from the top of a bus shelter onto the top of a row of portable toilets. [ 5 ] He then was part of the crowd celebrating the burning of a Versa automobile, one of two vehicles which had been parked in front of the Canada Post building on Georgia Street. The Versa was destroyed by the crowd. Mr. Pope may be seen on the video recordings as defiant of the police during this time. [ 6 ] The crowd, Mr.

Pope included, then turned its attention to the other vehicle, a small GMC truck. Mr. Pope and others kicked the truck. Mr. Pope was at the front of the crowd making arm motions and yelling. There appeared to be chanting going on. The members of the crowd attempted to tip the truck over and Mr. Pope involved himself in this. They were unsuccessful. [ 7 ] During this time, some burning papers were put into the cab of the truck.

Some people, including one Albert Easterbrook, tried to stop the damage, facing the crowd, standing with his back towards the truck and obviously trying to dissuade the rioters from causing further damage. Mr. Easterbrook at one point took the burning papers from the cab of the truck. He saw one Vasilios Makris putting more burning material into the truck and Mr. Easterbrook punched Mr. Makris. I mention his name specifically because he has been sentenced with respect to these events. [ 8 ] The crowd reacted to Mr. Easterbrook punching Mr. Makris by, in effect, swarming Mr.

Easterbrook, who then went down to the ground on top of another person. While he was on the ground, Mr. Easterbrook was punched and kicked by many rioters including Mr. Pope. Mr. Pope punched him at least four times; two of those punches landed on his head. Someone pulled Mr. Pope away from this. [ 9 ] The police, in effect, waded through the crowd and arrived at the location where Mr. Easterbrook was being assaulted and pushed the crowd away from him and from the little GMC truck. A small fire that had been burning in the truck was extinguished and the police moved away just a short distance.

The attack on the GMC then resumed. It is extraordinary that this occurred, but it did. [ 10 ] Mr. Pope and his friend, Lincoln Kennedy Williams, and I mention his name because he has also been sentenced with respect to these matters, pulled the large toolbox which was located in the back of the truck off the truck. Mr. Pope and others pushed at the truck, rocking it and ultimately succeeded in turning it over first onto its side and then onto its roof. Mr. Kennedy Williams opened the gas cap of the truck and gasoline spilled out. [ 11 ] Mr.

Pope was at the front of the crowd during all of this time, celebrating the damage being done by the crowd, with the police close by, but obviously unable to stop what was going on. Mr. Kennedy Williams and others lit up, ignited, a large stuffed animal and threw it into the area where the gasoline had spilled. The truck was immediately engulfed in flames. The crowd reacted in an ecstatic fashion. [ 12 ] Members of the crowd then fed the fire by throwing items onto the burning truck. Mr. Pope and Mr.

Kennedy Williams and others pulled up carpet that had been placed on the street to map out walkways and they dragged that carpet to the fire and threw it on the fire. The fire became so large that people were actually standing back some distance from the burning vehicle. The GMC truck was destroyed. [ 13 ] Mr. Pope was still in the area. Police then resumed efforts to try to clear the area. Mr. Pope was being defiant of police officers who were trying to clear the front of the Canada Post building, shouting at them and refusing to move on until physically moved by police officers. Mr.

Pope also kicked at four glass panelled doors to the Canada Post building along with other persons including Mr. Kennedy Williams. The glass doors were damaged. One of them was broken completely as a result of all of this. [ 14 ] That was the end of Mr. Pope's involvement and, as far as I can tell, it lasted for about an hour and a half. I was not told during the course of submissions when Mr. Pope left the riot, but these are the actions which form the basis for the two counts for which Mr. Pope must be sentenced. [ 15 ] Victim Impact Statements written by Mr. Easterbrook, the man who was assaulted by Mr.

Pope and others, and by one Roy Hermanus, who owned both the Versa vehicle and the GMC truck and who was inside the Canada Post building during the riot, are included in Exhibit 1, the book of Crown documents.

[ 16 ] Also included in that exhibit is a statement written by one of the other people who was trapped in the Canada Post building while the riot went on outside, and I have taken the impact on all of those persons and indeed on the city in general into account in determining the appropriate sentence for Mr. Pope. I was also told about the financial side of the property damage in which Mr. Pope was involved, and of course I have taken that into account, as well. [ 17 ] Shortly after the riot, Mr. Pope was confronted by his parents about his actions during the riot.

They had seen his image in the coverage of the riot on television. Mr. Pope did not tell his parents what he had done. [ 18 ] Mr. Pope was contacted by the police and he was interviewed by them in early April 2012. This is many months after the riot, of course. He "stood on his right to silence" at that time, as Mr. Ray, his counsel, expressed it. He did not comment on his involvement when shown some of the videotapes of his actions. [ 19 ] Almost a year passed before Mr. Pope was charged, and that was on March 8, 2013. That was almost two years after the riot. He was arrested on March 13, 2013.

He entered the pleas of guilty with which I am concerned today, as I have indicated, in July, 2013. It should be clear on the record this matter has never been scheduled for trial. [ 20 ] I turn to a consideration of the accused's antecedents and circumstances. Mr. Pope has no criminal record. A Pre-Sentence Report was prepared and has been filed as Exhibit 6 in these proceedings. Letters written by four people, two couples who are the age of Mr. Pope's parents, were provided by the defence and are Exhibit 7 in these proceedings. I will not repeat what is said in these documents.

They are there to be reviewed if necessary. [ 21 ] It is important to me that Mr. Pope was 21 years of age at the time of the events. He is almost 24 now. Prior to the events which concern me, he had been consuming alcohol. He is apparently, other than the actions that concern me, an ordinary young man. [ 22 ] He was briefly unemployed at the time that I heard submissions, but he is now working again. He works as a plumber. A letter sent to me confirming that situation by his counsel will be Exhibit 9 in these proceedings. [ 23 ] The Pre-Sentence Report sets out Mr. Pope's daily use of marihuana.

Not much turns on this except perhaps that Mr. Pope may not accurately be described as ordinarily law abiding. [ 24 ] About his involvement in the riot, Mr. Pope now expresses regret. However, he told the author of the Pre-Sentence Report that he did not know he had done anything wrong during the riot until he saw video recordings of his actions several weeks later. He told the author of the Report that he was very intoxicated before the riot began.

He told the author of the report that he was pushed in the crowd at some point in time and then, "A mental switch turned on." He described a "blackout" where he "started seeing red" and took on a "mob mentality." [ 25 ] To be blunt, I do not accept these assertions made by Mr. Pope to the author of the Pre-Sentence Report.

These comments are at odds with his assertion that he recalled none of his wrongdoing after the events and they are at odds with his actions and appearance on the extensive video recordings which are included in Exhibit 2 and to which I have already referred. [ 26 ] Caught up in the crowd he certainly was, but intoxicated to the point of "blackout" or continuously "seeing red" he was not. He was clearly enjoying himself. The atmosphere was positively carnival and Mr. Pope was one of those who was engaging in that event with that atmosphere. [ 27 ] I have been provided with a number of cases by both counsel.

I have read and considered them. I am not going to refer to most of them. I am particularly guided, as I must be, by the comments of the Court of Appeal at paragraph 27 in R. v. Peepre , 2013 BCCA 115 , which reads as follows: Special considerations apply to sentences imposed for participation in a riot. Sentencing an offender for participation in criminal acts that involve widespread public disorder requires a court to look not only at the offender’s individual conduct, but also the broader context in which the individual participated.

A rioter is culpable for not only his own conduct: he bears, in a general way, a share of responsibility for the more widespread acts of lawlessness in which he participated ... [ 28 ] Here are cited R. v. Loewen and R. v. Simpson . Citizens of Vancouver and members of the larger community present at the scene of the Stanley Cup riot were terrorized by the acts of violence to persons and property that occurred. That violence, and the public’s consequential feeling that law and order had been cast aside, is significant in our consideration of the fitness of Mr. Peepre’s sentence.

Participation in a riot is a deliberate criminal act that has grave consequences for the safety and security of our community. The corollary of that fact is that those who participate must expect to be punished severely. By using the deterrent and denunciatory effects of sentencing in a manner that accounts for the current conditions in and values of the community, courts can discourage individuals from participating in acts of public violence and, hopefully, prevent the reoccurrence of events like the Stanley Cup riot. [ 29 ] In addition, I am guided by the decision of my colleague, Judge Galati, in R. v.

Kennedy Williams , 2012 BCPC 345 , approved by the Court of Appeal, 2013 BCCA 116 . This is the companion case to R. v. Peepre in the Court of Appeal. [ 30 ] Mr. Pope's actions were very similar to those of Mr. Kennedy Williams with some notable exceptions. Mr. Kennedy Williams removed the gas cap from the GMC truck, obviously with a view to igniting it. This created an enormously dangerous situation for the crowd, the police, and for all property in the vicinity. Mr. Pope was not involved in that, although he was there at the time. [ 31 ] Mr. Pope assaulted Mr. Easterbrook, an event in which Mr.

Kennedy Williams was not involved.

[ 32 ] Mr. Kennedy Williams had a difficult life as a child and up until the time of the riot unlike Mr. Pope who has been blessed with a fortunate childhood and upbringing. [ 33 ] Mr. Kennedy Williams went to the police three days after the riot. Before he had been identified, he confessed his involvement, and ultimately entered a plea of guilty to participating in a riot. He was sentenced on September 21, 2012. At that time, he had already written letters of apology to the City of Vancouver, the Vancouver Police Department, Vancouver Fire and Rescue Services, and to the Vancouver Canucks.

This complete and immediate acceptance of responsibility was a major factor cited over and over again in the decision of Judge Galati. [ 34 ] The acceptance of responsibility by an offender is a major factor in our sentencing process for a good reason. We use logic to reason that the offender who takes that complete responsibility has understood the effect of his or her wrongdoing, has the intention to behave differently in the future, and may be considered to be, at the very least, on the way to being rehabilitated.

We place trust in the remorseful offender not to reoffend. [ 35 ] This trust may be withheld from the offender who is not remorseful.

We reason that if the offender has not yet understood the extent of his or her wrongdoing, has not yet seen the effect on others of his or her actions, that something more may be required as part of a sentence, for example, to convince the offender that he or she must obey the law in the future. [ 36 ] The fundamental purpose of sentencing is to contribute 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 six objectives set out in s. 718. The last objective listed in that

section is to promote a sense of responsibility in an offender. Where that sense of responsibility is lacking, any sentence that is handed down must, in my view, address this objective. [ 37 ] Mr. Pope has entered pleas of guilty respecting two charges. His actions were caught on video. The case against him consisted of those video recordings and the case against him was overwhelming. He may be seen in repeated images committing these two offences. He did not accept responsibility in any way, quite the opposite, prior to entering pleas of guilty to these two counts.

He has explained his involvement as the result of a blackout, which explanation I do not accept. [ 38 ] It is difficult to conclude that Mr. Pope feels real remorse for his actions. It is difficult to conclude that he takes real responsibility. He has said that he is sorry to the author of the Pre-Sentence Report, for example, but his actions do not support that expression of his state of mind. [ 39 ] I have concerns on the basis of all of this, but in my view, the appropriate sentence for Mr. Pope respecting Count 1 is similar, but not exactly the same as, the sentence for Mr. Kennedy Williams.

There must be and there will be an additional jail sentence for the assault on Mr. Easterbrook. [ 40 ] For the reasons expressed by Judge Galati, I am satisfied that a conditional sentence order is not appropriate here. It simply would not address all of the principles of sentencing. [ 41 ] For the reasons I have attempted to express, the sentence for Mr. Pope will be somewhat different than the sentences for Mr. Peepre and Mr. Kennedy Williams. It would not be difficult to justify a sentence in the five to seven-month range here.

Consideration of the objectives of denunciation and deterrence strongly support such a sentence. [ 42 ] I am satisfied that a shorter sentence is appropriate given Mr. Pope's youth and his employment circumstances, but these objectives and the objective of promotion of a sense of responsibility will be addressed by the manner in which I will order the sentence be served, the length of time that Mr. Pope will be supervised in the community, and the rehabilitative and protective conditions attached to my probation orders. [ 43 ] Mr.

Pope, would you stand up, please, so I can formally pass sentence. [ 44 ] On each of the counts for which you must be sentenced, you will serve a sentence of 45 days. That is a total of a 90-day sentence. Those two sentences will be served intermittently.

The first day will be served today and the remainder of the sentence will be served intermittently on successive two-day weekends commencing on Saturday, January 25, 2014, at 1:00 p.m. until 5:00 p.m., Sunday, January 26, 2014, and so on until you have served the entire 90-day sentence. [ 45 ] While you are serving this intermittent portion of your sentence, you will be bound by a probation order, and that probation order will last until this sentence expires.

The statutory terms will apply and I will add the following. [ 46 ] You will have no contact directly or indirectly with Albert Easterbrook except through counsel. [ 47 ] You will possess no weapons. [ 48 ] You will neither possess nor consume alcohol nor any drug except a drug prescribed for you by a doctor or a dentist. [ 49 ] You will report within 72 hours of the commencement of this sentence to the probation office at 275 East Cordova Street, Vancouver, B.C., and thereafter as directed. [ 50 ] You will take counselling as directed by your probation officer. [ 51 ] Now, after that sentence has expired, you are going to serve a further term of probation, Mr.

Pope, and my hope is that these two terms of probation and the intermittent sentence will allow you a chance to, if I can be very blunt about it, mature, grow up, and start behaving like a responsible citizen. [ 52 ] This second probation order will last for 12 months. The statutory conditions will apply. I will add the following.

[ 53 ] Within 72 hours of the commencement of this probation order, you will report to the probation office at 275 East Cordova Street, Vancouver, B.C., and thereafter as directed. [ 54 ] You will take counselling as directed by your probation officer. [ 55 ] You will perform 60 hours of community work service within the first eight months of this order to the satisfaction of your probation officer. [ 56 ] You will possess no weapons. [ 57 ] Those two orders will be prepared in writing. They will be read and explained to you, Mr. Pope. Copies will be given to you.

I delegate to the clerk of the court the other responsibilities I have under the Criminal Code . [ 58 ] It is my hope that Mr. Pope is not going to see the inside of a courtroom in these circumstances again. I am not going to make the order that was requested with respect to his DNA. [ 59 ] There will be no surcharges with respect to these matters. Given the sentence that I have handed down, I consider that appropriate, and you want to stay Count 3, Mr. Porte, do you? [ 60 ] MR. PORTE: Yes, that is correct, Your Honour. [ 61 ] THE COURT: Thank you. [REASONS FOR SENTENCE CONCLUDED]