R. v. White/Erickson Date:, 2014 BCPC 365

Citation: R. v. White/Erickson Date: 20140307 2014 BCPC 0365 File No: 3416-5-BC; 3478-1-K; 3492-1 Registry: Valemount IN THE PROVINCIAL COURT OF BRITISH COLUMBIA File No: 3416-5-BC REGINA v. ROBERT ALLAN WHITE also known as ROBERT ALLAN ERICKSON File No: 3478-1-K, 3492-1 REGINA v. ROBERT ALLAN WHITE also known as ROBERT ALLAN ERICKSON REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE R. W. CALLAN

Counsel for the Crown: G.G.R. McDonald Counsel for the Defendant: R. D. Lyons Place of Hearing: Valemount , B.C. Date of Hearing: March 7, 2014 Date of Judgment: March 7, 2014 [ 1 ] THE COURT: I have heard the evidence, and the facts that I am left with after hearing this evidence are as follows. [ 2 ] On March 8, 2013, the Honourable Judge Weatherly released Mr. White (and I will refer to him as Mr. White throughout this) on bail. Condition 2 of those bail conditions is a requirement that he report to the bail supervisor and then report as and when directed. The transcript of the interview between Mr.

White and his bail supervisor, Ms. Currie, filed as Exhibit 2 and the accompanying video from YouTube would indicate that there was a meeting between Ms. Currie, the probation officer, and Mr. White on April 29, 2013 and that several things were discussed.

(1) It is apparent that on pages 7 and 8 of the transcript, Ms. Currie reads the conditions to Mr. White;

(2) Mr. White admits this is the second time he has had his conditions read to him. The previous time it was done by Ms. K. Gordon; (3) there is a discussion on page 15 where Ms. Currie states that reporting for Mr. White will be every Tuesday. At line 395 of the transcript, Mr. White says, "And what times Tuesdays?" Then Ms. Currie says, "Yeah." Mr. White says, "So this just wants -- just wanna rearrange all this stuff?" and at that point, Ms.

Currie, explains on page 16 [as read in]: This is again for bail reporting so when they have people bail report (inaudible) to the criminal court justice system, the main purpose of bail is to make sure that you are still in the community to attend court, and I am sorry, when's your next -- when's your next trial date?"

(4) Further, on page 18, the discussion goes, beginning line 462 [as read in]: MS. CURRIE: Okay. Well, that's all we need -- need to do. MR. WHITE: And then you said that I have to report here? MS. CURRIE: Yeah. MR. WHITE: On Tuesdays? MS. CURRIE: Before noon. MR. WHITE: And what time before noon specifically? MS. CURRIE: Well, I would say 9 a.m. Um, does that work for you? MR. WHITE: Actually, I'm in my -- my office fairly -- MS. CURRIE: There's -- there's -- there's -- Mr. White, take care -- take care of things before that. There's flexibility, right? We don't always tell people an exact time. MR.

WHITE: Okay. 11 o'clock. Fine. MS. CURRIE: Eleven is fine. MR. WHITE: It's just before lunch. [ 3 ] The identity of Mr. White in the video has been confirmed by Ms. Currie and Ms. Caputo. Further, in viva voce evidence from Ms. Currie, testified that the time to report was Tuesdays before 11 o'clock. She also said she provided no exemption for Mr. White to come at a later time. [ 4 ] A review of Exhibit 1, the sign-in sheet provided in evidence by Ms. Caputo, shows that although Mr.

White refuses to sign his name, he does put down the words non consent and then a series of quotation marks every time he does report in. [ 5 ] On the date in question, Mr. Weisbrodt, the new probation officer who has taken over the files for McBride from Ms. Currie, attends McBride and his objective is to, as he described, meet the clients and give them slips for their next appointment. [ 6 ] The intent would have been for Mr. Weisbrodt to meet Mr. White that day and begin the bail supervisor relationship, and indeed, Mr.

Weisbrodt was there till 12:15 when he had to depart for appointments in Valemount. [ 7 ] I heard the evidence of Cpl. Kennedy and Cst. Berndsen with regard to the time that Mr. White showed up at the RCMP detachment where he was to sign in, being after 1 o'clock. This was a good two hours after his appointed report time and certainly 45 minutes after Mr. Weisbrodt had departed. [ 8 ] Taking all that evidence into account, I have concluded that Mr. White knew full well he had to report on Tuesdays and that the

reporting time was not later than 11 o'clock. On June 25, 2013, I am satisfied that he failed to report as directed and that therefore the offence of failure to report has been made out by the Crown. [ 9 ] Mr. White, stand up, please, sir. [ 10 ] With regards to Information 3416-5-BC, I find you guilty of Count 1, sir. You may be seated. Thank you.