R. v. Hardy, 2023 BCPC 123

Citation: R. v. Hardy 2023 BCPC 123 Date: 20230526 File No: 30766-1 Registry: Prince Rupert IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REX v. CAMERON HARDY also known as A MAN KNOWN AS CAMERON HARDY ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE D. PATTERSON Counsel for the Crown: K.J. Schille Counsel for the Defendant: A. Turton, KC Place of Hearing: Prince Rupert , B.C. Date of Hearing: May 26, 2023

Date of Judgment: May 26, 2023 [ 1 ] THE COURT: Earlier today, I found Cameron Hardy guilty of the offence that, on or about the 14th day of May, 2021, at or near Prince Rupert, in the Province of British Columbia, he did resist or wilfully obstruct Cst. Kanil Youngman, Cst. Britney Doney and Cst. Chris Askey, peace officers in the execution of their duty, contrary to

Section 129 (

a) of the Criminal Code . I set out the facts at length during my reasons for judgment and I refer to my reasons for judgment for the facts upon which I am sentencing Mr. Hardy today. [ 2 ]

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

a) to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct; (

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

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

d) to assist in rehabilitating offenders; (

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

f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims or to the community.

Section 718.1 of the Criminal Code says: A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.

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

a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender… (

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

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

e) all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders. [ 3 ] Unfortunately, Mr. Hardy elected not to participate in the sentencing and so I really know nothing about him, even though I am able to read between the lines. And from what he told me prior to my reasons for judgment, his mother is with us in the courtroom today, but I know nothing about Mr. Hardy.

I know nothing about the individual who I have convicted. As is his right, he elected not to take the stand and tell me his version of events. As is his right, he elected not to make any kind of submissions. He is a stranger to me in many ways other than the behaviour which I witnessed during the course of pretrial proceedings and during the trial itself. [ 4 ] I stated in R. v. Hardy , 2023 BCPC 65 , the following: [4] The courts of British Columbia are legitimate, or they are not. There is no middle ground. There are no shades of grey.

Unfortunately for Hardy, the courts of British Columbia, including the Provincial Court of British Columbia, are legitimate. [5] British Columbia and Canadian laws apply to Hardy, no matter how he identifies, what words he uses to describe himself, or his political orientation. The criminal law, and the procedures that govern its implementation, are part of the law of British Columbia and Canada and apply to all [of us]. Opting out is not an option. [ 5 ] Mr. Hardy did make, for lack of a better term, a short submission to the court explaining what happened on May 14 of 2021. It is not evidence.

It is an explanation, however, which, had it been placed before the court during the course of the trial, may or may not have raised a reasonable doubt in my mind. It is an exercise I do not have to go through because Mr. Hardy elected not to take the witness stand. [ 6 ] Ms. Turton? [ 7 ] CNSL A. TURTON: Your Honour, I am listening to Your Honour saying that you know nothing about Mr. Hardy.

Would it be of any assistance to the court to have a presentence report prepared? [ 8 ] THE COURT: The Man Commonly Known as Hardy, would you participate in the gathering of information about your life if I was to order a presentence report be prepared? I will give you a minute to decide whether, one, you will participate, or two, whether you wish one to be prepared?

[ 9 ] All right. More than a minute has gone by and Mr. Hardy has decided he does not wish to say anything to the court. I should say that I did think about ordering a presentence report and wondered how that would work with Mr. Hardy not cooperating. I think, for purposes of today's sentencing, however, and given what I said during my reasons for judgment about what the Statement of Principles of Self-represented Litigants and Accused Persons from the Canadian Judicial Council states that I can press on without a presentence report or Mr.

Hardy's cooperation. [ 10 ] In this particular case, I am of a view that denunciation and deterrence as opposed to rehabilitation are probably the primary considerations for the court given Mr. Hardy's political ideology. Whether he is a true believer in these pseudo-legal arguments or whether he is simply not grasping the reality of his situation, either way, I am of a view that rehabilitation is not a realistic prospect for Mr. Hardy. Simply put, Mr. Hardy does not care what happens today in court and Mr. Hardy is not going to change his behaviour based on what I do in court today.

This is a case where, if I had an individual coming before me who said, "I'm sorry," I would consider a discharge, meaning no criminal record. [ 11 ] THE ACCUSED: I [indiscernible] apologize to the court. I apologize for my actions if they may have offended anyone. I don't believe they were wrong. I was simply standing up from my right to breathe, but if my [indiscernible] or actions have offended anyone, I'm all [indiscernible] apologies. I apologize to people. I ask for forgiveness if they feel that I have offended them in any way [indiscernible] them and I thank them. I love them and I love all you guys.

I don't have any remorse or hatred or anything. I think what you're doing is absolutely wrong and I've done no wrong. I was just leaving that store. I was just trying to show them that we didn't have to wear a mask according to their policy and we [indiscernible] side counter, because they allow that, but this one lady that came up and said, "No, you're not [indiscernible] and we're going to go get it, and that was it. [Indiscernible], I’m peaceful, I just live by the law of one, do unto others as you would have them do unto you [indiscernible]. Obstruction of justice? There [indiscernible] justice.

That could mean [indiscernible] things [indiscernible] tiniest [indiscernible] passionate people you guys will ever meet and despite [indiscernible] I still [indiscernible] a mask because I know we're all one. We're all source, we're all a part of God, the creative source [indiscernible] whatever you want to call it, and nothing's going to change that. I'm not going to [indiscernible] and lie and say I did something I didn't do or that I'm wrong for I'm not wrong, but I've trespassed another where I have.

I just wanted to breathe [indiscernible] as is my right and I wanted to be served and [indiscernible] and when I realized they don't care and we're not going to be served, I thought, fine, I'll leave. It goes against law and it goes against all the legal law, as well, the Constitution [indiscernible] but I was feeling peaceful, and I was grabbed from behind and thrown against a wall and slammed on the floor and [indiscernible] and all kinds of crazy stuff [indiscernible] concrete floor and unlawfully detained [indiscernible] against my will.

I didn't consent or give permission to anything and [indiscernible] to breathe. It's not wrong or trespass, asked them to be served and trying to explain myself and the store's own policy that they allowed them to be and I don't have to wear a mask, just go over to the side counter and be served. That's it. [Indiscernible] understand about the cops. The cops don't even understand and [indiscernible] fine, I'll go to a different store [indiscernible] done no wrong, and I know what you guys say and do with all of your, you know, fancy wording and legal jargon and nonsense.

None of it is going to convince me that I've done anything wrong. You're just going to do what you do and my only piece in all of it is [indiscernible] I know what you do to others is [indiscernible] guys are leaving here today [indiscernible] experience it in [indiscernible]. [ 12 ] THE COURT: The prosecution has sought a jail term of three days' real jail. They do so with the recognition that given Mr. Hardy's political beliefs, being a disciple of "Organized Pseudo-legal Commercial Arguments" theory (OPCA), that if I was to make a probation order, he would not obey it.

If I suspend the passing of sentence and place him on probation, he probably would not report, he probably would not do what he was told to do because he does not recognize the legitimacy of the court process. [ 13 ] THE ACCUSED: [Indiscernible] you put me on probation [indiscernible] because [indiscernible]. [ 14 ] THE COURT: I disagree with the prosecutor that given how this case has unfolded involving an individual with no criminal history other than a conviction for contempt of court, that we should, for an event that occurred some two years ago, impose a jail term. I have to, and I am treating Mr.

Hardy the same way I would any other individual who came in front of me with no criminal history, who did the things the Crown proved beyond a reasonable doubt that he did on May 14th of 2021. Sentence Imposed [ 15 ] I am suspending the passing of sentence and I am placing Mr. Hardy on a period of probation and, given the amount of time that it will be before he is in a position to serve the probation, it will be for a three-month period. [ 16 ] So, 2001, you must keep the peace and be of good behaviour. You must appear before the court when required to do so by the court.

You must notify the court or your probation officer in advance of any change of name or address and promptly notify the court or the officer of any change in employment or occupation. [ 17 ] 2005-2, you must not go to the BC Liquor Store located at 100 - 2nd Avenue West in Prince Rupert, British Columbia, or be found within 10 metres of its front door. [ 18 ] 2104, you must report in person to a probation officer at the Prince Rupert Community Corrections Office - the address and telephone number of which will be placed into the probation order for you - within two business days after your release from custody unless you have obtained, before that release from custody, written permission from a probation officer to report elsewhere or within a different timeframe.

After that, you must report as directed by your probation officer. [ 19 ] 2202, when first reporting to a probation officer, you must provide them with the address or location where you live and regularly sleep and your phone number if you have one. You must not change them without notifying your probation officer at least two days before making the change. [ 20 ] 2509, you must complete 10 hours of community work under the direction of your probation officer. Your community work service must be completed within the first 60 days of your probation.

[ 21 ] 2106, your reporting ends when you have satisfied your probation officer that you have completed all your community work service. [ 22 ] Pursuant to s. 737(2.1) of the Criminal Code , I am satisfied that given the current state of your incarceration that having you pay the victim fine surcharge would be disproportionate or would otherwise cause you an undue hardship. Accordingly, I order that you pay no victim fine surcharge. [ 23 ] I am not waiving the requirement that a justice of the peace read the probation order to Mr. Hardy and I am not waiving the requirement that Mr.

Hardy sign the probation order. [ 24 ] So, in a nutshell, you get out of custody, you report to probation, you do 10 hours of community work service, and the sentence is done. Any questions, the Man Commonly Known as Hardy? [ 25 ] Mr.

Schille? [ 26 ] THE ACCUSED: So are you still ordering me to go back to prison for a year? [Indiscernible]. [ 27 ] THE COURT: As of right now, yes. [ 28 ] THE ACCUSED: [Indiscernible] because [indiscernible] doesn't matter. [ 29 ] THE COURT: Well, I am not -- [ 30 ] THE ACCUSED: -- [indiscernible/overlapping speakers] -- [ 31 ] THE COURT: -- addressing the contempt issue with you at this time. [ 32 ] THE ACCUSED: -- so unless I get out on appeal [indiscernible]. [ 33 ] THE COURT: Thank you, Mr. Hardy, that is fine, and Mr. Schille, anything else? [ 34 ] CNSL K.

SCHILLE: The Crown's only issue is having the Man Known as Cameron Hardy sign the sheet. There has previously been -- [ 35 ] THE ACCUSED: Yeah, well, I will sign it like I have and everything else that [indiscernible] right? It's like I'm [indiscernible] coercion, extortion, yeah, sure, I'll sign it. [Indiscernible]. [ 36 ] CNSL K. SCHILLE: Okay, that -- [ 37 ] THE ACCUSED: -- [indiscernible/overlapping speakers]. [ 38 ] CNSL K.

SCHILLE: -- that addresses the Crown's issue, Your Honour. [ 39 ] THE COURT: Thank you. [ 40 ] THE ACCUSED: I don't have a choice, either that or I go to prison forever, so. [ 41 ] THE COURT: Thank you very much. (REASONS FOR SENTENCE CONCLUDED)