R. v. A.A.M.S., 2018 BCPC 352

Citation: R. v. A.A.M.S. 2018 BCPC 352 Date: 20181102 File Nos: 29620-2-C; 29620-10-A Registry: Prince Rupert IN THE PROVINCIAL COURT OF BRITISH COLUMBIA File No. 29620-2-C REGINA v. SIDNEY GEORGE EDWARDS A.A.M.S. KELLY BRYCE LEONARD STEWART - and - File No. 29620-10-A REGINA v. A.A.M.S. ORAL REASONS FOR SENTENCE RE: ACCUSED A.A.M.S. OF THE HONOURABLE JUDGE D.M.D. STEWART Counsel for the Crown : B. Zacharias K. Tourangeau, Articled Student Counsel for the Defendant: T. Barnett Place of Hearing: Prince Rupert , B.C. Dates of Hearing: July 6 and October 30, 2018 Date of Judgment: November 2, 2018

[ 1 ] THE COURT: Ms. S. [1] , I want to begin by acknowledging and saying thank you to your grandmother. I trust the power of her words impacted you. They did this court. This court welcomes hearing people speak in their indigenous language. Particularly given the sad history of the Nisga’a peoples’ experience with colonialism -- a system that was designed to make it so that that language would not survive. So I am thankful that you still speak your language, and I encourage you to speak it, and teach it, to your granddaughter and to your great grandchildren. [ 2 ] Now, Ms.

S., you are of course before the court with respect to sentencing for both a robbery and a breach. [ 3 ] On November 7, 2017, you participated in a robbery at PJ's Hideaway here in Prince Rupert. You were not one of the three accused who were masked men who attended with a bat and a machete, who terrified the clerk and the other customers, some of whom I am told were older people who enjoyed watching the Kenos numbers. I have never been to that PJ's. I can only imagine some familiar faces that I see sometimes in the mall outside the lottery centre there.

I wonder if some of those people might have been First Nations elders. [ 4 ] Indeed, you did not know the three men until shortly before this incident. You did not come up with the plan. You were specifically excluded from those discussions, and you did not know they planned to use weapons. But you did know that the store was to be robbed.

And you knew your role was to retrieve a bag that would be left on a trail, return with it to another location, and had arranged to meet with the principal parties at some other point the next day and retrieve your share of the money stolen in the robbery. [ 5 ] You were caught by the RCMP somewhere at the top of that trail. You were arrested and questioned. Not immediately, but shortly after questioning began, you cooperated. You provided a full confession to your role in the robbery. That was the right thing to do.

I want to believe it is more consistent with your character than the facts of the half hour or so that preceded that reflect on you. [ 6 ] The information you provided was of assistance to the police in their eventual detection and ultimate admission to the robbery of one of the three principal participants. I understand that at some later date after your release, you refused to cooperate and you proposed to recant your admissions. That is unfortunate. I want to believe that that is inconsistent with who you are. [ 7 ] Ultimately, you have admitted what you did.

You pled guilty and you are before the court for sentencing for this robbery. [ 8 ] First, you must understand that this robbery was a very serious crime. In certain circumstances, it may result in someone being sentenced to prison for life. You may well, in your time in Prince George Regional Correctional Centre, have met young women who have done very serious things, who are waiting to find out what the rest of their life will look like.

I often say this to young men, I believe you are the first young woman I have ever said this to, but when I was a law student, I spent some time visiting prisoners in the Kingston Penitentiary. And I met a 20-year-old who had committed a robbery that went sideways and someone died, and he would be 45 years old before he would have his first parole day. As I think of it, it would have been about a year ago, and I have lived most of the entirety of my adult life since then. [ 9 ] You are a mother of five children. You are a sister. You are a daughter. You are a granddaughter.

Your life was not meant to be lived behind bars. I trust you know, as much as you regret and as much as you wish the consequences of that night could be taken back, that in many ways you are fortunate that the consequences you faced have been as minimal as they have been. [ 10 ] You are well aware that the Crown has asked for jail in your case and you are, at this point, equally aware that this is not my decision, because I earlier ordered you to be released from custody.

You are sitting here with your grandmother, you are beyond those Plexiglas walls, but I do not want you for one second to think that in this decision on sentence that you are free. You are not yet free and will not be truly free for some time, and you must understand why Crown counsel reasonably, understandably asked for a sentence of jail in these circumstances. [ 11 ] I will try to explain this with what are referred to here as the principles of sentencing. First, the fundamental purpose is the preservation of a just, peaceful, and safe society.

That peace and safety was replaced with fear, and likely enduring fear for those people at PJ's. That fear remains for everyone in this community when such crimes persist.

And while this was not brought to my attention, at all times I feel duty bound to make known when I learn of things that I think are relevant and I then, after your sentencing, read this week's Northern View and the reports that this exact same PJ's Hideaway was robbed on October 27th. [ 12 ] You mentioned and you commented on the woman that you knew: That you went to PJ's, you thought she was sweet, you thought of her, and that's when you began to cry. I hope that she was not working there again. She may well have been; I do not know.

And this community is justified to be concerned about the fact that this is happening. [ 13 ] I must ask myself how will your sentence preserve or maintain peace and safety in this community. To do this, I must consider these objectives: Deterrence. That is a big word; that is a legal word.

What it means is a message that is sent to you and a message that is sent to others like you about what will happen if you do something like this. [ 14 ] Those two considerations are related, and important to the facts of this case and my decision, with respect to specific deterrence, which is the message to be sent to you or the message to be sent to someone similar to you, I must view this through the lens of your experience of November 7, 2017. Some 20 minutes before this occurred, you had no prior criminal record, no prior involvement with the courts.

You were offered a chance to make some money, and 10 minutes after it occurred, you are in police custody. You are -- you were then -- and you are now facing serious consequences. [ 15 ] I accept that you wish that you could go back in time, turn back the clock. Given the chance, you would not have gone to the bush and picked up that backpack. Given the chance, you would have ignored the plan and gone home. Given the chance, you would go back, you would not have relapsed that night, started drinking. You would never have gone to that party.

[ 16 ] I must ask myself, will this sentence deter some other person in your circumstances? I must also ask myself if it will deter someone who is in the circumstances of, in this case we know his name, someone like Mr. Stewart, one of the people that did go into that store with the machete or the bat or with those that had them. [ 17 ] I must also consider whether this sentence is necessary to separate you from society, but I must only do that if it is necessary. [ 18 ] I am satisfied that you will not commit another robbery.

It is not necessary for me to send you to jail to be certain that you will not commit another robbery. But to a certain extent you can understand when people who are frightened, like the people who experienced what they experienced that night, would at least feel some comfort knowing when you were in jail. They would know that you would not do this again. In this circumstance with respect to what has happened most recently, and I say this to emphasize this, it is clear that you did not commit that robbery because we know where you were; you were in jail. That is what people who are afraid and living in fear seek.

It is understandable. [ 19 ] I must also consider your rehabilitation and I must also consider what would provide reparations for the harm done to this community. [ 20 ] Central to the Crown's submission is a concept called denunciation. Again it is a big word. It means a declaration. It is the mandate that I use this sentence as though I am shouting to the community, “This behaviour is terrible, this behaviour is dangerous, this behaviour makes people feel unsafe in their community.” [ 21 ] That, too, is related to general deterrence. Mr. Stewart's sentence of 13 months sends that message.

I must also communicate that message with your sentence, but I do differentiate your circumstances from those of the three men who went into the store masked, holding the bats and the machete. [ 22 ] Lastly, the law tells me I must avoid incarceration if less restrictive sanctions may be appropriate. If I can achieve these objectives without having you spend more time in Prince George [Regional Correctional Centre] or elsewhere, I must consider that, and the law tells me that I must do so in particular with respect to aboriginal offenders. [ 23 ] You were here in court yesterday.

I do not know whether you were following the discussion about what the courts tell us. But in 1999, so you are 28, when you were nine years old, the highest court in our country said to those of us, or those then that made decisions like me; you must take great care and look very hard at the circumstances of aboriginal offenders -- because there are more aboriginal people in court than there are First Nations people in our communities. You have been to Prince George [Regional Correctional Centre].

You have been there and I am certain you agree. [ 24 ] In 2008, when you were 20 years old, our Court of Appeal in another decision, I believe about an Inuk woman, Ipeelee , but I am not certain of that, made reference to those statistics again [2] . [ 25 ] Despite what the Supreme Court told us, those stats did not change, they became worse, and in particular with respect to First Nations women, indigenous women.

And I do not have this at my fingertips, I am just recalling the numbers, but I believe the number was a 131-percent increase. [ 26 ] I will add to that legislative mandate requiring us to consider your indigenous heritage. You are an indigenous woman, and those statistics from Gladue and Ipeelee about over-incarceration are more serious and a more difficult problem in the context of aboriginal -- of indigenous women. [ 27 ] You are, and I trust you understand the power of this, a direct descendant of a residential school survivor who had a hand in raising you.

This is your family. [ 28 ] You are the story that we are told to think about in this context. Your grandmother goes to residential school. She is disconnected from her family, from her community, from her language, from her culture. She ends up, as she said, on the streets. What harm did that cause her daughter, your mother? Your mother's own difficult circumstances and what harm did that cause to her two daughters, you and your sister, here before the court. [ 29 ] There is a direct line between your grandmother's experience and your own experience.

There is a direct line between your grandmother's experience and the experience of your own children, disconnected from their mother, and particularly in the circumstances of your two youngest, living with people who are not your family. [ 30 ] I told you I knew a little bit about their circumstances and I heard something about some nurses, and I trust they are in very good care, but they are not with their great-grandmother, they are not with their grandmother, they are not with an aunt, they are not with you, and they have endured difficult circumstances.

Their childhood, like your childhood, like your mother's childhood, like your grandmother's childhood, saw disconnection, saw violence, saw addiction. [ 31 ] I add to that list. In terms of taking specific consideration of things beyond your indigenous heritage, beyond the fact you are an indigenous woman, and that you are a descendant of residential school survivors, as I have said, you were a child in care of the Ministry.

Your own children are in the care of the Ministry currently. [ 32 ] Further, you yourself are a victim of serious violent crime, including sexual violence, including trauma as a child, including trauma at the hands of two different domestic partners. It must not be forgotten that today you are here before this court as an indigenous offender.

That on many other days, you had the right to be here as an indigenous woman, an indigenous child who was the victim of serious violent crime. [ 33 ] Lastly, I accept that with respect to your children, in circumstances where children in care is intergenerational and continuing, and in this case it is the fourth generation -- all four generations other than your children before the court at this time -- I find that a criminal sentence that may impede the relationship between children, particularly as young as those here, your two youngest children,

must consider how such a sentence creates a risk for them. Sentencing in this circumstance should be considered inter-generationally. [ 34 ] I do not know if you will have your children returned to you. I do not say that to sadden you. That is someone else's decision; indeed, it may be mine.

I do not know those facts, but I will say with certainty now, and this is reflected by the law and it is reflected by common sense, and on this page our laws are consistent with those of your grandmother, they are consistent with Nisga'a laws: Your children have a right to have a mother who is healed, to have a grandmother who is healed, to have a great-grandmother who is healed, and to have a relationship with all their generations, past and present, healthy, whole, connected. [ 35 ] I will not repeat or review all of the circumstances that were very well detailed in the presentence report that was prepared by Ms.

Jackson. You met Ms. Jackson today. It is my hope that she is the probation officer that supervises you. She knows your circumstances. She knows your history. I am confident that whoever it is, that one of the great strengths that this community has is the strength of the people that work at that office, and they are motivated and committed to seeing that you get the help that you need. [ 36 ] But very quickly that

summary of your childhood sees early exposure to alcohol, domestic violence, sexual violence, separation from siblings. The experience of anxiety and fear as a child, and everything we know about how that impacts your development and how that impacts who you are now. To a degree, that included suicidal ideation as a child. [ 37 ] Your early pregnancy -- I am sure you love your first child to the depths of the earth -- but you were but a child yourself. You were 15 years old. That child was born to an abusive relationship, as were the next two. Sadly, the relationship that followed with Mr.

S. was shockingly abusive. [ 38 ] You were, as a child, drugged. You were a victim of sexual violence. [ 39 ] Also -- and this is just the cruelty of fate -- you are the mother of a child who is disabled, through just the randomness of contracting a disease like meningitis. [ 40 ] Any one of these things would be a burden too difficult for many to bear. The combination of these things speaks to the need to consider you individually in the sentencing process and focus on your circumstances. [ 41 ] I must acknowledge your guilty plea. I must acknowledge your early confession.

I say that I find your remorse to be genuine. I acknowledge the comments of concern raised in the presentence report about whether you appropriately understood the impact to others. By your words yesterday and your specific acknowledgment of -- and you teared when you thought of -- the woman who worked there. I will say that I must view this through the lens of your experience. And I do not mean for one second, not for a moment, to minimize the trauma that those people endured at PJ's Hideaway. But I must also view their experience within the range of the things that you have experienced.

And I should not attempt or purport to understand how your own experiences with trauma might affect your ability to identify with or protect yourself from others' trauma. [ 42 ] In terms of your rehabilitation, it is well canvassed in your presentence report. I acknowledge that you went to the Transition House. That was your first residence. That is when I first met you, when you were released on bail to go to the Transition House. I wish you had never left. Other moments in your life where you wish you could turn back the clock. But that is not part of the road to recovery.

And I think that is something you will have likely heard before and, if not, you will speak of and think of often in your recovery. [ 43 ] You should not focus your energy on looking back, you should focus on looking forward. But I acknowledge that you have made considerable progress with your addictions recovery. You had a relapse. You had a breach and another, and one before this court that I am about to sentence you for. But relapse with addiction can be part of the process of recovery of addiction. I will say you should not be cruel with yourself, but you ought not give yourself a pass.

And, as I said before, you are not free today, you are going to be beyond those walls, but I am going to focus on your recovery or this order will focus on that. [ 44 ] I will speak briefly to the perception of this community. I understand the Crown's concerns with respect to how a community might view a non-custodial sentence here. I am equally confident that if this community were present, that they would be informed with compassion and with mercy and with understanding.

There is no doubt they would hold you to account and that is my duty today, but I think that they would be understanding. [ 45 ] I will comment obiter that I am assisted by the submissions of Crown making us think about the community. And I am resolved that we should do more to have more community involvement in the courtroom. So the people do not just know the story of the half hour of your life that brought you to be a participant in a robbery of PJ's, but they know the whole of your story and they feel invested in your future, and they feel invested in the future of each generation of your family. [ 46 ] Mr.

Zacharias was very fair in his description of the sometimes limited tools we are given to effect these objectives, and by way of example there is something called a conditional or community sentence order. It permits people to serve a sentence in the community. The law does not permit it here because of the seriousness of an offence of robbery. [ 47 ] But as much as sometimes we see limited tools, Ms. Jackson, by her appearance here today, makes clear that in some ways where we do not have tools in this community, in other ways this community is strong. She spoke of resources like your relationship with Ms.

Mierau. That will be a very important relationship for you, your drug and alcohol counsellor. She spoke of the possibility of a bed at the Transition House. We know the people that work there, they are in this court often. You are fortunate to have such a supportive environment, and women who care for you and are committed to your recovery. [ 48 ] We heard of Lorna Nelson, and I am encouraged to think that she can work with you, and also she can work with your mom and your sister and your grandmother, and indeed your children.

In many ways, this community is rich in such resources. [ 49 ] I am going to speak now in terms of your disposition. On the breach of curfew, it is your third breach of curfew. On earlier breaches you were sentenced to jail. But for the seriousness of the allegations that you face, that might not have been the result. People

without criminal records are not often sent to jail for breaches of curfew. It is entirely understandable in the circumstances of this case why that happened. If I am to keep people in the community, in particular the mandate of keeping indigenous people in the community, equally important is that when that decision is made, to have people be in the community, they need follow my rules or follow the rules of the court. So there is a responsibility to other people who are released to honour the trust that has been placed [in them]. [ 50 ] Crown sought seven days.

They did so in relation to a submission that sought you spend one year in jail with respect to the robbery. I am not sentencing you to a year in jail on the robbery, but for that reason I will go above the sentence that was sought by Crown and I sentence you to 60 days under house arrest, so a CSO of 60 days. It does not mean you are going back to jail and it does not mean that your conditions are going to be any different than the ones I released you on, on bail. But what that means is that for the next 60 days, if you breach, you go to jail.

Do you understand that? [ 51 ] THE ACCUSED: Yes. [ 52 ] THE COURT: All right. There are no slips. No excuses. [ 53 ] Have you ever heard the expression, ‘the sword of Damocles’? It is the idea of a sword hanging above your head, but by a single thread. It is the threat of going back, and that in itself is a punishment. When I spoke before about the fact that you are not free, you are not yet free. [ 54 ] By operation of law, it is necessary that I impose a victim fine surcharge. I do so in the amount of $100.

I order it payable forthwith, I take note of the fact that you have been in jail for the last month or so, in default of which, one day in jail, time served. No new jail remaining. [ 55 ] I will return to the CSO conditions at the end, Madam Clerk. [ 56 ] On the robbery, I suspend the passage of sentence and order that you be bound by probation for a period of three years. [ 57 ] Now, for the first year, your curfew is going to be eight to eight. Crown wanted you to go to jail. I am not telling you to go to jail, but the people in this community are going to know where you are from eight to eight.

You are either at home or you are at counselling or you are going to the college and upgrading your education, or if you find a job, you are going to work, or if you are with your surety, your sister or another adult person approved in writing in advance by your bail supervisor, you can be out. [ 58 ] I am going to make another recommendation. There is, in this community, an amazing Nisga'a dance organization. If you want to get out of the house, if you want to do something and not be at home, do something like that. [ 59 ] I want to speak for a moment in terms of the concept of credit for time served.

I will say it this way, principally because I have not had a chance to go back and check my notes as to all the different days that you have spent in custody, I know that you have been in custody since September 28. I did not sentence you to jail on the robbery, and so I do not need to give you credit for time served. I think it added up to something like 37 or 38 days. All time in jail is serious. [ 60 ] I do want to comment briefly in terms of the submissions that were made with respect to how credit for time served be given.

I have not had a chance to fully review the case law that was helpfully presented to me yesterday, time did not permit that. I will say that I find that the circumstances of this case are different. I note in particular that, in the circumstances, you had on September 17 brought an application asking that you leave the community so that you could go to Terrace, that you were afraid of J.S. That is understandable. It is the right thing to do. It is unfortunate that it did not happen. [ 61 ] I also want to acknowledge the circumstances that arose about consenting to remand in custody, to remain in custody.

By my review, that Friday, September 28th, you may not even remember this, you would have been on the phone with the Judicial Justice in Burnaby and it was adjourned over to Monday. But I reviewed the DARS and it was discussed that your lawyer was Mr. Barnett. Mr.

Barnett was out of town; that you knew the P.S.R. was being worked on, it needed to be complete; that this sentencing was coming up, and you agreed to remain in custody. [ 62 ] I also want to acknowledge the circumstance -- and this is again just the randomness of bad circumstances -- that J.S., the very man who, on my review of his record, was guilty of criminal behaviour involving you several times, the one incident being savage in the way you were treated, -- that he was in custody here in cells at the same time as you. [ 63 ] When I raise this issue, I will do so by prefacing it this way; and this is an obiter comment; I want to compliment our Sheriffs department.

Each day, every day, I see sheriffs take real issues, personal issues, into account in the way that they treat people in custody. I hope that has been your experience. It is what I observe here every day. [ 64 ] You were never in direct contact [with J.S.]. You were separated from him by a piece of Plexiglas.

But a victim of serious domestic violence being in such close proximity to the assailant, having only recently sought to leave the community so she could be away from him; that must have been difficult. [ 65 ] I only raise this to say again, similar to my comment in terms of having more participation from our community, I would seek the input of the Crown, Mr. Barnett, defence counsel, and the assistance of the sheriffs to bring this issue to the attention of the RCMP. They should have an opportunity to be heard, but I am concerned that they ought take greater care to detect those issues.

That is not something that the sheriffs immediately have information for. [ 66 ] My sense, subject to hearing further, is that it is the responsibility of the RCMP. And there may not be a way to manage this in every circumstances, but at the very least that type of an issue should always be brought to the attention of the sheriffs. Despite the fact that you were here as a prisoner, it should also be recognized that you are a victim of domestic violence and you are to be treated with compassion and courtesy. I do not doubt for one second that is the way you were treated.

But I note the sheriffs did not know that [she was also a victim of domestic assault by J.S.] when you were here with them and that is regrettable.

[ 67 ] In all of the circumstances, I am satisfied that this is a truly exceptional circumstance where the jail sentence that was sought, although for many reasons is understandable, is not appropriate. Your life story and your circumstances mandate that the understandable focus on general deterrence and denunciation must not be met here with you spending further time in jail. Our focus must be on your rehabilitation and your recovery. [ 68 ] Now, it is 3:11, how are the staff doing? I am about to get to the mechanics. Are staff all right? Does anyone need a break?

Madam Clerk? [ 69 ] THE CLERK: I'm fine, Your Honour. [ 70 ] THE COURT: Everyone? [ 71 ] THE CLERK: We did have a case conference scheduled for three o'clock, as well, just so you're aware. [ 72 ] THE COURT: They will be patient. [ 73 ] THE CLERK: Perfect. [ 74 ] THE COURT: They always are. All right. [ 75 ] The CSO, 60 days, I am going to rattle through these because we are pressed for time. I am not going to read them all out.

Some of these things, you are familiar with. [ 76 ] So 100C, they are mandatory conditions. [ 77 ] 101C: You shall report in person to the CSO supervisor by noon, Monday, that is November 5th. There will not be time to do this today. The office located -- here in Prince Rupert. Thereafter as and when directed, and for the first three months of this probation order, not less than once per week in person, unless specifically excused for a specific reason by the CSO supervisor. [ 78 ] Next, 105C: You shall reside at -- Ms.

V., what is your address again? [ 79 ] UNIDENTIFIED SPEAKER: [REDACTED] [phonetic]. [ 80 ] THE COURT: [REDACTED]. [ 81 ] Next, 105C: When first reporting to the supervisor, you shall inform him or her of your present residential address and phone number. You shall not change your address or phone number at any time without -- I apologize, Madam Clerk, it is actually 107C -- without first obtaining the written consent of the supervisor. [ 82 ] 109: Obey all the rules and regulations of your residence. Ms. V.'s residence, your sister's residence, is a sober residence.

You have children? [ 83 ] UNIDENTIFIED SPEAKER: Yes. [ 84 ] THE COURT: And you are their aunt. This will remain a sober residence. Curfew, 6:00 p.m. to 7:00 a.m., except as follows: (

a) written consent obtained in advance; (

b) travelling directly to or returning directly from your -- and you are not to be working right away -- any course of -- that is actually sub (c), Madam Clerk -- course of classes or drug and alcohol counselling or such related activities approved in advance by the supervisor. You shall provide the supervisor with written proof of your attendance at any such activities, and your consent to the organizers of such activities to be contacted by your supervisor; (

d) in the event of your own medical emergency or the medical emergency of anyone with whom you reside, and then only when travelling directly to or returning directly from the hospital emergency ward. Lastly, in the immediate presence of Ms. P.V. or an adult person approved in advance by your supervisor. [ 85 ] Next, 113C: You shall notify your bail supervisor when you first report of the names of all current and temporary occupants of your residence, and immediately notify your supervisor of any change, and (

b) you shall have no visitors at your residence during your curfew or house arrest, except with the written permission of your supervisor, and the express permission in advance of Ms. V. [ 86 ] I want to be clear, no overnight guests, all right. This is jail, all right. This is not a mere curfew. [ 87 ] I hope you heard this when your grandmother said it, this is not an order, but I will say I agree wholeheartedly with the advice of your grandmother. You have the support of three women and your family.

At this time in your life, you should focus on yourself and your children, and I am concerned about what I have heard about at least your exposure to dangerous situations by certain of the people that you have chosen to have in your life, all right? [ 88 ] Next, 115C: Present yourself at the door when a supervisor attends there for the purposes of determining your compliance with the house arrest conditions of this order. [ 89 ] 116: Checks by phone if there is a landline, and otherwise any cellphone, and you will give that cellphone to the supervisor. [ 90 ] 117C: You will carry a copy of your CSO when you are absent from your residence. [ 91 ] 118C: No contact, the same as the recognizance, I will read it out quickly: Kelly Stewart, Sidney Edwards, [VICTIMS NAMES REDACTED].

[ 92 ] No go, PJ's Hideaway convenience store at 1665 Park Avenue, nor any other convenience store in Prince Rupert or Port Edward.

No go within 50 metres of any of the named persons or any residence, school, or workplace known by you to be occupied by them. [ 93 ] 126: No alcohol, no drugs, except as prescribed for your use by a physician. [ 94 ] 127: You shall not enter any liquor store, beer and wine store, and you shall not enter any bar, pub, lounge, or other licensed premises from which minors are excluded by law, with the exception that you may attend a licensed restaurant with -- oh no, sorry, delete that. This is just her house arrest.

You are home at six, you are not having dinner out, you are having dinner at home during this period of jail, all right. [ 95 ] 129: No paraphernalia for using drugs. [ 96 ] 136: No weapons. There is no firearms in the house? [ 97 ] UNIDENTIFIED SPEAKER: No. [ 98 ] THE COURT: All right. 139: No knives, as worded. [ 99 ] 150C: Counselling, no restrictions, although I am going to add such full-time attendance program as may be directed by the supervisor, and you shall comply with all rules and regulations of any such assessment, counselling, or program. [ 100 ] When did you start drinking again?

How old were you? [ 101 ] THE ACCUSED: Me? Twelve. [ 102 ] THE COURT: Okay, and you are 28? All right. This is going to be hard work, and you have been to treatment, I know, but if it takes two times, if it takes three times, take advantage of any opportunity you have to get that kind of intensive treatment, all right? You have got the support of M.C.F.D., you have got the support of probation. [ 103 ] All right. Before I -- so moving on then to the sentence on the robbery.

Three years' probation. [ 104 ] Mandatory conditions, 100P, 101P, report Monday, noon, and it was in this context, I probably overlapped this, Madam Clerk, but in the first three months, I want her reporting once per week in person, unless specifically excused by the supervisor. [ 105 ] 104P: After one year, the probation officer in his or her discretion may excuse you from further reporting under this order, upon satisfactory completion of your counselling, etc. [ 106 ] 105P, in terms of residence. [ 107 ] 111P: For the first year of this probation, you shall obey a curfew by being inside of your residence or on the lot on which your residence is located between the hours of 8:00 p.m. and 6:00 a.m. each day, except as follows: same exceptions as listed in the CSO, Madam Clerk.

We will at this point then add sub (

b) for employment, and she has the same exception, at any time in the company of an adult person approved in advance by your supervisor. [ 108 ] 115P: Present at door. You are still going to be monitored. Police can come to the door, knock at the door, you present yourself at the door. Do you live in a house or an apartment? [ 109 ] UNIDENTIFIED SPEAKER: House. [ 110 ] THE COURT: All right. Same no-contact conditions.

Same no-go conditions. [ 111 ] 127: You shall not enter any liquor store or beer and wine store, and you shall not enter any bar, pub, lounge, or other licensed premises from which minors are excluded by law. Same exceptions, except that you may attend a restaurant, licensed, in the company of an adult person approved in writing. I will put that in place for the first year only, Madam Clerk. [ 112 ] 136, no weapons. 139, no knives. 150P, counselling as directed, including (

h) full-time attendance program. [ 113 ] This is something that I did not speak about and I will pause for a moment. This is the concept of reparation. It also speaks to the concerns validly raised by Mr.

Zacharias, in terms of his concerns about how the community perceives these reasons, indeed how the community perceives you. [ 114 ] So 155P: Subject to the wishes of the victims of your offence, you shall participate in any victim offender reconciliation program or restorative justice program under the supervision and direction of your probation officer in partnership with the Prince Rupert Aboriginal Community Services Society. [ 115 ] Ms. S., I have seen this. It can be a very powerful thing in terms of people having an understanding about your experiences. Often it involves the generations of your family.

Your grandmother can be there and your mother can be there and your sister can be there to support you. You spoke emotionally about your feelings towards the clerk, in particular, and that you knew her. If she wanted to attend such a thing, she can. She can learn about you. She can learn about what you are doing, and they are a kind of discussion, and typically there is an agreement in terms of what is appropriate. [ 116 ] In that regard, I will then add as a separate condition, and I will phrase it as best I can, but saying this in advance.

The Prince Rupert Aboriginal Community Services Society will take into account that you are Nisga'a and they will try to take into account traditional Nisga'a principles. I do not know them. I was cautioned about three weeks ago about not “speaking into another's wilp.” I

am wondering if Grandma follows that. Your wilp, and I do not know if you are connected with your wilp, but it is your house, and ultimately it is through the input of your house that decisions should be made about how you can restore peace, how you can bring reconciliation to your relationship with your community and, through that, with yourself, and with your family. [ 117 ] I am not going to order specific community work hours, but I leave it to the discretion of that process of that reconciliation program, guided by the Aboriginal Community Services Society.

If, as a product of that discussion, it is thought that you would benefit and the community would benefit from you participating in some way in your community, that you will follow the direction of your elders. [ 118 ] This is a primary designated offence, Mr. Zacharias or -- [ 119 ] MR. ZACHARIAS: Yes, Your Honour, that is my understanding. [ 120 ] THE COURT: It is a primary designated offence. Pursuant to s. 487.05(1), I order a taking of a sample of your DNA. It will be done, it will be taken from you by November -- Madam Clerk, what is the last Friday in November?

Here. 30th. [ 121 ] You do not need to type this up. When you attend, if you see the police officer that you are alleged to have had a conflict with, you will not speak to that police officer unless spoken to. Do you understand? All right. [ 122 ] 165: You are prohibited from possessing: (

a) any firearm other than a prohibited firearm, restricted firearm, and any crossbow, restricted weapon, ammunition, and explosive substance for a period of 10 years; and (

b) any prohibited firearm, restricted firearm, prohibited weapon, prohibited device, and prohibited ammunition for life. [ 123 ] By operation of law, it is necessary that I impose a victim fine surcharge. I do so. I order payable forthwith, in default of which one day in jail, time served. [ 124 ] Mr. Zacharias, is there anything you can suggest -- [ 125 ] MR. ZACHARIAS: I think -- [ 126 ] THE COURT: -- that I have missed? [ 127 ] MR. ZACHARIAS: Three quick points, if I may, Your Honour.

The liquor store under the probation order, the no-go liquor store, I think that the -- did I understand that Your Honour was saying unless in the company? [ 128 ] THE COURT: For the first year. [ 129 ] MR. ZACHARIAS: Okay, and -- [ 130 ] THE COURT: So -- [ 131 ] MR. ZACHARIAS: -- but there -- but there -- [ 132 ] THE COURT: -- she is not going to -- she is not going to a liquor store at all during the CSO. [ 133 ] MR. ZACHARIAS: Right. [ 134 ] THE COURT: She is not going to a liquor store at all for the first year of the probation. [ 135 ] MR.

ZACHARIAS: That's fine, Your Honour. [ 136 ] THE COURT: She is permitted -- she is not permitted even to go to a restaurant, a licensed restaurant, during the CSO. [ 137 ] MR. ZACHARIAS: Yes, Your Honour. [ 138 ] THE COURT: She is permitted to go to a restaurant during the first year of the probation order, but only if she is with essentially your sister, your mom, your grandma, presuming that the supervisor approves your matrilineal relatives. [ 139 ] MR. ZACHARIAS: Yes, Your Honour. The next question that I -- the point I had, I thought at the very beginning of the CSO, we mentioned for the first three months.

The CSO is only two -- two months. [ 140 ] THE COURT: It is two months, yes, if that was -- I misspoke, thank you. [ 141 ] MR. ZACHARIAS: All right, okay. Thank you, and I think that on the -- I was just wanting to make sure that all the curfews lined up. [ 142 ] THE COURT: So it starts out, the CSO is six. [ 143 ] MR. ZACHARIAS: Yes. [ 144 ] THE COURT: To six. I think her recognizance is seven to seven. [ 145 ] THE CLERK: Sorry, I have the CSO as 6:00 p.m. to 7:00 a.m. and then - [ 146 ] THE COURT: Sure. The recognizance is 7:00 p.m. to 7:00 a.m. The probation order is 8:00 p.m. to 7:00 a.m.

[ 147 ] MR. ZACHARIAS: Okay, so just so we're -- [ 148 ] THE COURT: So it is always 7:00 a.m. I could -- I mean, I am never worried -- [ 149 ] MR. ZACHARIAS: So Ms. S. -- [ 150 ] THE COURT: -- about people being out early in the morning. I am always worried about them being out late. [ 151 ] MR. ZACHARIAS: Yes, Your Honour, so Ms. S. should be aware then that she is always bound by the most restrictive of those. [ 152 ] THE COURT: Yes. [ 153 ] MR. ZACHARIAS: Okay. [ 154 ] THE COURT: So for two months, you are home at six.

After that, for as long as you are still on bail until there is resolution of your outstanding matters, your curfew is seven. At such time as that is resolved, your curfew is eight. All right. Although there are all sorts -- as I said, there is all sorts of good things you can be doing outside of the house, stay focused on those things. [ 155 ] MR. ZACHARIAS: Yes, Your Honour. The only other thing I had to say about anything here was that the Crown directs a stay of proceeding to Count 2 on 29620-10-A. Thank you. [ 156 ] MR. BARNETT: Just one thing, Your Honour.

With the CSO, she is provided to attend the hospital in case of medical emergency of herself or someone that she lives with. Being that her-- she has three children that reside in Hartley Bay, two in care. If one of them had a medical emergency, is she able to attend the hospital? [ 157 ] THE COURT: I agree. The exception in terms of medical emergencies, Madam Clerk. [ 158 ] THE CLERK: Yes. [ 159 ] THE COURT: Include her five children. [ 160 ] MR. BARNETT: That's it.

I would like to say on the record -- [ 161 ] THE COURT: Before -- I just actually want to add then, too, can you add this specific language, Madam Clerk, where it says the general provision, except as permitted by, and it is the supervisor, and the bail supervisor and the probation officer, specifically in the circumstance where you were permitted to travel to Vancouver with your fourth oldest child.

That should not be an exception to her jail sentence, to her CSO, but it should be an exception on her bail and probation. [ 162 ] THE CLERK: So just add it as another -- [ 163 ] THE COURT: Yes. [ 164 ] THE CLERK: -- exception on each. [ 165 ] THE COURT: Yes, yes. [ 166 ] THE CLERK: Okay. [ 167 ] THE COURT: Not if -- I trust that if you were going down to St. Paul's with your child and everything that is involved in terms of feeding the child with a tube and all those things, that you are not a risk, all right. [ 168 ] Yes, Mr. Barnett? [ 169 ] MR.

BARNETT: I would just like to state on the record that this defence counsel is very thankful for all the hard work of all the probation officers at our probation office and that Ms. S. really did have the benefit of a very thorough and a very well-prepared presentence report by Ms. Jackson. We are thankful for it. [ 170 ] THE COURT: I agree. I thank you for that, in particular, just to add this, which is -- I will not do this otherwise, but should it be thought that this decision would benefit from the insight and oversight of appellate review, I would ask that, because I did not summarize Ms.

S' circumstances, that opportunity be given to vet her P.S.R. to take out unnecessarily personal information and attach it as a schedule, so that such appellate body would understand what I found to be her exceptional circumstances. [ 171 ] All right, with that, thank you, Mr. Zacharias. Thank you, staff, for staying late. [ 172 ] Ms. S. -- Ms. S., I wish you well. [ 173 ] MR. BARNETT: Your Honour, I believe Ms. S. wanted to address the court just briefly. [ 174 ] THE COURT: You may. [ 175 ] MR.

BARNETT: If that is permissible? [ 176 ] THE ACCUSED: First, I wanted to thank you for giving me this opportunity and I will do my best and I won't mess up, I know that. And I'm so thankful for my sister to do this for me, it means so much, and it's a shock, all of this is a shock. I didn't expect to be let out, this sort of -- I don't know, but thank you.

[ 177 ] THE COURT: Embrace this support, all right? [ 178 ] THE ACCUSED: Yeah. [ 179 ] THE COURT: I acknowledge what you have said. We do our job here every day. But direct that energy to listen to the words of your grandmother and the guidance of your sister and the guidance of your mother, all right? Do the work. But it is work worth doing, all right? Stay focused. [ 180 ] Thank you.

Thank you all. (REASONS CONCLUDED) [1] The name of the offender, A.A.M.S. is only referenced by her initials insofar as the reasons for sentence refer to her own circumstances as a victim of violence, as a child and as an adult, including sexual violence and domestic violence. Similarly reference to family members’ names have been made using their initials. [2] In the process of editing this transcript I noted certain errors as follows: Mr. Ipeelee was Inuk, but was a man, not a woman. Further it was the SCC companion decision in R. v. Ladue, (not R. v.

Ipeelee) that was an appeal from the British Columbia Court of Appeal.