R. v. Jameel Date:, 2016 BCPC 115

Citation: R. v. Jameel Date: 20160405 2016 BCPC 0115 File No: 242427-1-K Registry: Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. SAMEER JAMEEL EXCERPTS FROM PROCEEDINGS REASONS AT JUDICIAL INTERIM RELEASE HEARING OF THE HONOURABLE JUDGE C. BAGNALL Counsel for the Crown: S. Chu Counsel for the Defendant: J. Turner, Duty Counsel Place of Hearing: Vancouver , B.C. Date of Hearing: April 5, 2016

Date of Judgment: April 5, 2016 [ 1 ] THE COURT: Sameer Jameel is charged with having committed mischief by damaging two cellphones belonging to his stepdaughters, on March the 25th, 2016. He is further charged with two counts of threatening to cause death or bodily harm to his stepdaughters, on March the 29th, and again on March the 30th, 2016. He was arrested on March the 30th, as I understand the circumstances that have been related to me. [ 2 ] A hearing respecting his bail commenced yesterday and continued today. The Crown took the position that Mr.

Jameel could be released on entering into a recognizance in the amount of $1,500, without deposit or surety. Conditions were suggested, including orders that he report to a bail supervisor, that he notify his supervisor of his address, that he have no contact with the four other members of his family, that he not go to their residence or workplace or educational facility, that he possess no weapons, the broad definition of weapons, and that he attend the Forensic outpatient clinic for assessment, treatment, and counselling. [ 3 ] Mr. Jameel agreed, through counsel, that all of these conditions are appropriate.

He has also said through counsel that he will obey these conditions. Mr. Jameel has no criminal record. [ 4 ] The accused is 25 years of age. He came to Canada from his native Iraq seven years ago. He has the support of his two sisters, with whom he resides. His sisters have been present in court, both yesterday and today, and they are here in support of him. [ 5 ] It appears, from everything that I have been told and from his own comments during these proceedings, that Mr.

Jameel holds a particular view of the family and his role in his own family, that may be a factor in some of the behaviour that forms the basis for the charges that he faces, and I would say specifically with respect to Count 1 that may be the case. But in my view, that is not a complete explanation or a reason for the behaviour that forms the basis for these charges. [ 6 ] This is the background. Mr. Jameel has been in a relationship with Myla Apoin for five years, and that would be since he was 20 years of age. Ms.

Apoin has two daughters from a previous relationship, SDA who is now 15 years old and therefore would have been 10 when the relationship began, and GDA, who is now 13 years old, and therefore would have been eight when the relationship began. Ms. Apoin is also the mother of Mr. Jameel's 14-month-old daughter AJ. [ 7 ] Ms. Apoin lives with her three daughters, and Mr. Jameel lives with his two sisters. He visits his family regularly, and he cares for AJ when Ms. Apoin is at work. Mr. Jameel is also employed installing flooring, full-time, I was told.

I was told that he has not been diagnosed with any particular mental health issues. [ 8 ] The circumstances which led to the information being sworn began, in my view, perhaps before, but certainly on March the 20th, 2016. On that day, Mr. Jameel was at Ms. Apoin's residence, caring for AJ. Ms. Apoin was at work. They were arguing, during a conversation over the phone, about the activities of SDA, the 15-year-old daughter of Ms. Apoin. Mr. Jameel had apparently seen something on social media which upset him, about SDA’s activities. [ 9 ] It is important, in this respect, that in the past Mr.

Jameel has apparently told Ms. Apoin that he, "has feelings" for her 15-year- old daughter. It is also the case that Mr. Jameel believes that it is wrong for his stepdaughters to have contact with boys. That is very clear from all of the circumstances. [ 10 ] Mr. Jameel told Ms. Apoin on the telephone that he was going to take AJ from the residence. Ms. Apoin was frightened by this and notified the police, who went to the residence. When they arrived, they found, among other things, SDA, the 15-year-old, in tears. Ultimately, Ms.

Apoin came home from her workplace, and she dealt with the family situation at that time. [ 11 ] Five days later, on March the 25th, the accused and Ms. Apoin were at the residence of Ms. Apoin. They were arguing about SDA and GDA talking to boys, something that, as I have indicated, is upsetting to Mr. Jameel. Mr. Jameel took the girls' cellphones and he smashed the two phones. [ 12 ] During proceedings in court, when this allegation was made, Mr. Jameel interrupted and asserted that the phones belonged to him.

He apparently purchased the phones for the girls, and I have taken that into account in reaching a conclusion with respect to these matters. [ 13 ] I was told that Mr. Jameel also punched a wall, causing his hand or hands to bleed. Police were notified about the situation, apparently by a family member, and they arrived and took Mr. Jameel to the hospital, under the authority of s. 28 of the Mental Health Act . He was found, at hospital, not to be certifiable, and he was therefore released from hospital. [ 14 ] So, on March the 29th, against this background, Ms. Apoin declined to allow Mr.

Jameel to have contact with their 14-month- old daughter AJ. And so that it is clear, the relationship is in a state of instability, and Mr. Jameel has told Ms. Apoin at this point in time that he intends to take AJ from her custody. [ 15 ] In response to Ms. Apoin communicating this to him, Mr. Jameel sent text messages to Ms. Apoin on March the 29th and March the 30th. Copies of those messages are Exhibit 1 in these proceedings, so I will not read them into the record. [ 16 ] The content of the messages is extremely disturbing. It is not just the nature of the threats that are cause for concern.

It is the comments by Mr. Jameel about the older daughters of Ms. Apoin and the accused's apparent sexual interest in them. It is his implicit assertion that the police cannot help Ms. Apoin. He says at one point [as read in]: You must be so fucking scared. Well, you fucking should be. It is me who you are dealing with. It is no joke.

He further says that he accepts that she is keeping his daughter away from him, so that he has the right to punish her. He tells her to watch out, wherever she goes. He tells her how much he is enjoying this. I have not related the specifics of the threats, as I say. They are there, in Exhibit 1. They are extremely disturbing. [ 17 ] Ms. Apoin called the police about these texts. Mr. Jameel was arrested on March the 30th, 2016. [ 18 ] His bail hearing was adjourned in the expectation that he would be able to see a doctor that evening. That did not occur, and over the signature of Dr.

Kolchak, a psychiatrist, this information was sent to the Crown and the court [as read in]: Mr. Jameel was not seen on request of Vancouver Provincial Crown, for assessment of preliminary fitness to stand trial and certifiability, under the British Columbia Mental Health Act , via video conference at North Fraser Pre-trial. I was informed by correctional officers that Mr.

Jameel was violent and was unsuitable for interviewing through video link at that time. [ 19 ] That is the extent of the letter, and that letter will be Exhibit 2 in these proceedings. [ 20 ] The matters were adjourned again, on the 31st of March. Mr. Jameel did speak with a psychiatrist, Dr. Widiawicz, on the evening of March the 31st. The doctor's letter notes that Mr. Jameel reported that he attempted to commit suicide 10 years ago. He denied plans to harm Ms. Apoin or himself, to Dr. Widiawicz, and he told the doctor that he was angry and frustrated and venting his upset by sending the messages in question.

The report of Dr. Widiawicz will be Exhibit 3 in these proceedings. [ 21 ] This is also the explanation that I was given by counsel on Mr. Jameel's behalf, in court, that he was angry and frustrated, and sent the messages, I was told, to hurt the complainant. [ 22 ] I say at this juncture that I do not accept that the only issue here is his contact with his daughter and that he sent the messages to "hurt" the complainant. The messages are an explicit attempt to frighten her in an extreme fashion. Mr.

Jameel threatened the lives of the two older daughters, along with the other comments I have alluded to just a moment ago in these reasons. The messages also exhibit a completely inappropriate sexual interest in Ms. Apoin's older daughters. [ 23 ] Mr. Jameel is entitled to be released, unless the prosecution shows cause why his detention is justified. In particular, ss. 515(10)(

e) and (

c) are relevant here. That subsection reads as follows, and I will simply read in the relevant sections:

(10) For the purposes of this section, the detention of an accused in custody is justified only on one or more of the following grounds: (

b) where the detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, or any person under the age of 18 years, having regard to all the circumstances including any substantial likelihood that the accused will, if released from custody, commit a criminal offence or interfere with the administration of justice; and (

c) if the detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances, including (

i) the apparent strength of the prosecution's case, (ii) the gravity of the offence, (iii) the circumstances surrounding the commission of the offence, including whether a firearm was used, and (iv) the fact that the accused is liable, on conviction, for a potentially lengthy term of imprisonment or, in the case of an offence that involves, or whose subject matter is, a firearm, a minimum punishment of imprisonment for a term of three years or more. [ 24 ] The Crown, as I have indicated, has consented to the release of the accused, citing, among other things, his lack of criminal record.

That consent is one factor that I must consider and I do consider, in determining whether or not to release Mr. Jameel, but that consent, of course, is not determinative of the issue. The Code directs me specifically to concern myself with protection of the public. [ 25 ] Here, in light of the nature of the threats, the length of time during which Mr.

Jameel apparently remained angry and engaged in threatening behaviour, and all of the surrounding circumstances, strongly indicating instability in his life at the present time, I am satisfied that he must be detained on both the secondary and the tertiary grounds. [ 26 ] And I intend as well to make an order that he have no contact with Myla Apoin, SDA, and GDA, while he is in custody. (REASONS CONCLUDED)