R. v. Gislason, 2018 BCPC 168

Citation: R. v. Gislason 2018 BCPC 168 Date: 20180418 File No: 34864-1 Registry: Prince George IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. LONNEY GILLIS JOHN GISLASON REASONS FOR SENTENCE OF THE HONOURABLE JUDGE KEYES Counsel for the Crown: R. Robinson Counsel for the Defendant: C. Joseph Place of Hearing: Prince George , B.C. Date of Hearing: October 29, 2012 Date of Judgment: April 18, 2018 [ 1 ] THE COURT: This is my decision on sentence with respect to Mr. Gislason. Introduction

[ 2 ] Mr. Gislason was charged with dangerous driving and flight from police arising out of events which occurred on May 22nd, 2011, in Prince George, B.C. Trial dates were set for August 2012 and then adjourned and reset for October 29th, 2012. On that day, Mr. Gislason pleaded guilty to dangerous driving and a presentence report was ordered. After the presentence report was prepared -- it was dated December 27th, 2012 -- the matter was set for sentencing, but Mr.

Gislason did not appear to be sentenced. [ 3 ] Warrants were issued and he remained at large until he was arrested on new charges of flight from a peace officer on March 7th, 2018. He has remained in custody since then. It is my job to sentence him for the dangerous driving offence he committed on May 22nd, 2011. Facts [ 4 ] At about 2:40 a.m. on the evening in question, Constable Jarecki was driving along 5th Avenue in Prince George travelling west when he observed a white Ford F-350 pickup driven by Mr. Gislason also driving west, but on the opposite side of the road facing traffic. In other words, Mr.

Gislason was driving on the wrong side of the road. The road on which Mr. Gislason was driving takes an S curve at that point with the result that oncoming traffic, if any, would not be able to see him driving directly at them in their own lane. There was a female in the passenger seat of Mr. Gislason's truck. [ 5 ] The east and west lanes of the road at that point are divided by a meridian. As he continued to drive west on the wrong side of the road, Mr.

Gislason suddenly went up over the meridian, crossed three lanes of traffic, and then turned right onto a side street in front of the police car, blocking Constable Jarecki's lane of traffic. Not surprisingly, Constable Jarecki pursued Mr. Gislason onto Alward Street with his emergency lights going. Mr. Gislason drove about a block before stopping. Constable Jarecki got out of his police car to approach Mr. Gislason. Constable Jarecki made eye contact with Mr. Gislason. Suddenly, Mr. Gislason reversed his truck and fled, driving back to 5th Avenue and up that street. [ 6 ] Another officer saw Mr.

Gislason's vehicle turn onto Johnson Street some nine blocks away. Constable Jarecki adopted an intercept course travelling southbound on Carney Street. He saw Mr. Gislason cross Carney at 8th Avenue, drive one block, then turn right on Burden heading south towards 10th Avenue, then west on 10th, re-crossing Carney Street. Constable Jarecki pursued, but lost sight of Mr. Gislason, who was driving quickly enough in front of him to get out of sight. As Constable Jarecki came to Johnson Street, he saw Mr.

Gislason's taillights already several blocks away at 15th Avenue which is a major street in Prince George. [ 7 ] Mr. Gislason turned left onto 15th, drove east on 15th, crossing the intersection at Carney Street, until he came to Edmonton Street and then turned left again onto Edmonton where the University Hospital of Northern B.C. is located. He blew through three sets of stop signs without stopping as he approached Duchess Park School. He entered the parking lot of the school which has only one entrance and exit.

Constable Jarecki followed and partially blocked the exit with his vehicle. [ 8 ] Another officer, Constable Reddeman, was also at the scene. Constable Reddeman left his police car and approached Mr. Gislason's truck. Mr. Gislason suddenly charged his truck in Constable Reddeman's direction, swerved around Constable Jarecki's police car, drove up over the curb and onto Edmonton Street. Constable Reddeman had to jump out of the way to avoid being struck by Mr. Gislason. Then Mr.

Gislason drove up McBride Crescent and Constable Jarecki stopped the pursuit because he felt it was just too dangerous to go on. [ 9 ] The police set up a perimeter. The drinking establishments downtown were closing for the night and Constable Jarecki was approached by several pedestrians asking what police were doing to catch the crazy guy driving the white pickup truck. In the meantime, the police had been able to do computer searches with respect to the licence plate on the white pickup truck. Mr.

Gislason was the registered owner. [ 10 ] Just after 3:00 a.m., Corporal Wilson located the truck parked the wrong way outside of a residence on Alward Street only a few blocks from Duchess Park School. As he watched, Mr. Gislason emerged from the residence and walked up to the vehicle. He was arrested as he put his hand on the driver's door. Criminal Record [ 11 ] Mr. Gislason has a criminal record. His convictions began in 2000 in Alberta where he incurred a conviction for refusal to provide a breath sample. His next conviction was in 2001 for failing to appear in court.

He has since incurred three other convictions for failing to appear in court and five convictions for failing to comply with the terms of his bail. He has also been convicted of assault, assault causing bodily harm, multiple counts of mischief, as well as failing to remain at the scene of an accident in 2009, possession of a controlled substance, driving while prohibited, and most recently, flight from police officer on March 15th, 2018. [ 12 ] The circumstances of the latter offence are as follows.

On March 6th, 2018, a concerned citizen reported to police that a white Ford pickup truck was driving, missing one of its tires. Another concerned citizen flagged down a police officer to report he had narrowly missed a head-on collision with a white F-350 pickup truck that was driving at a high rate of speed.

A police officer saw the pickup truck driving without a driver-side rear tire and sparks were coming from its rim. [ 13 ] When the police officer activated his lights, the pickup truck accelerated to approximately 80 kilometres per hour in a 30- kilometre-per-hour zone and carried on swerving all over the road as it fled. The vehicle failed to stop for a police roadblock and, rather, drove through a snowbank to avoid stopping. One police officer had to dive for the ditch because the truck came within five feet of hitting the police car and did not slow down.

The police pursuit was called off, but the police followed the ruts in the road made by the truck rim. [ 14 ] Suspecting that the driver was Mr. Gislason, they attended at his residence and found the damaged pickup truck parked outside. Mr. Gislason refused to come out to be arrested, but he was eventually taken into custody after a Feeney warrant was obtained to enable the police to enter the residence. Mr. Gislason pleaded guilty to flight from police officer and was sentenced to 30 days in custody less time served.

[ 15 ] I have also been informed that there are warrants for Mr. Gislason's arrest outstanding from Alberta for multiple offences, all of which are alleged to have been committed in 2012. They include impaired driving, operating an unlicensed motor vehicle, as well as failure to appear in court and failure to comply with bail conditions. Presentence Report [ 16 ] When Mr. Gislason pleaded guilty to this offence in 2011, a presentence report was ordered by the court. Because Mr. Gislason was living in Alberta at the time, it was prepared by Cheryl McMurray, a probation officer employed by Alberta Corrections.

She noted that despite his guilty plea, Mr. Gislason denied any involvement in the offence when she interviewed him about it. Instead, he claimed he had been at home sleeping and had simply gone out to get cigarettes when he was arrested. [ 17 ] Mr. Gislason told Ms. McMurray that he had grown up on a small farm in Topley, B.C., with his parents. He had a happy childhood until he was 13 years old when he and his father were in a motor vehicle accident and his father was killed. His mother remarried and he indicated he had a good relationship with his mother and stepfather.

However, he was kicked out of school at age 15 and so he went to work and has been working since. He was married at one time and has a son born in 2004. [ 18 ] Ms. McMurray noted that Mr. Gislason had incurred additional charges while on release pending the sentence for this matter. She was of the view that Mr. Gislason is not a suitable candidate for community supervision. The Crown Position [ 19 ] The Crown elected to proceed summarily in this case. Thus, the maximum sentence that can be imposed in this case is six months' incarceration.

The Crown seeks a sentence of incarceration in the range of four to six months less time served followed by probation for 12 months and a driving prohibition. The Crown submits that public safety must be the primary concern for the court. Mr. Robinson pointed out that Mr. Gislason had many opportunities to stop, but did not. He drove at high speeds and drove through many stop signs. He drove over curbs and meridians and he drove his truck directly at Constable Reddeman in order to escape. [ 20 ] The primary sentencing principles in a case like this one are denunciation, deterrence, and protection of the public.

The authorities provided by the Crown all support a jail sentence for this sort of offence, although the Crown concedes that, in all of the cases provided, the Crown had proceeded by indictment. The Crown argues that Mr. Gislason is not a good candidate for a conditional sentence, that is, a jail sentence in the community, because Mr. Gislason has demonstrated an unwillingness or inability to comply with court-ordered conditions. Defence Position [ 21 ] Mr. Gislason has been in custody since he completed serving his most recent jail sentence.

That sentence was 30 days less 14 days' time served and it was imposed March 15th. Thus, the remaining days to be served were 16 days which would take him to March 31 inclusive. He is entitled to credit for the time he spent in custody since then. As of April 13th, the date that sentence submissions were made to me, he would therefore have had 13 days to his credit. However, there is some indication in the presentence report that Mr. Gislason spent some time in custody between December 2011 and January 2012.

I do not know whether that time should be attributed to this offence or to other offences he is alleged to have committed in the meantime. [ 22 ] Mr. Gislason seeks a sentence of time served. Alternatively, he seeks a conditional sentence of 30 to 45 days and a fine of $1,000 to be taken from $7,500 cash bail that Mr. Gislason deposited in order to gain his release in 2011. Counsel was unable to tell me whether those funds were still available. I would have expected them to have been estreated long ago. Mr.

Robinson for the Crown submitted that if they had not been estreated, the Crown would seek to do so immediately. [ 23 ] With respect to the facts, Mr. Gislason points out that although Constable Jarecki noted that Mr. Gislason was driving at approximately 70 kilometres per hour when Constable Jarecki first saw him driving on the wrong side of the road and thereafter described Mr. Gislason as driving quickly, there is little information provided thereafter as to how quickly. Thus, there is no information from which the court can infer that Mr.

Gislason was driving dangerously fast, unlike several of the authorities provided by the Crown. [ 24 ] Rather, Mr. Gislason argues his driving consisted of driving against the flow of traffic, crossing two lanes, driving over the meridian, driving in reverse, driving through four stop signs, driving onto the sidewalk, and parking illegally. The thrust of that argument was that Mr. Gislason was not driving as dangerously as some offenders have driven. It was only when the court pointed it out that Mr.

Gislason conceded that he also charged his truck at Constable Reddeman, requiring him to jump out of the way to avoid being mowed down. [ 25 ] Mr. Gislason points out that the authorities relied on by the Crown were the ones in which the Crown proceeded by indictment and thus the range of sentence suggested by those authorities does not provide the range of sentence applicable to the same offence if the Crown has elected to proceed summarily. Instead, Mr. Gislason has provided the following authorities to assist the court: [ 26 ] One, R. v.

Grazier , 1982 CarswellBC 2149 , in which a two-month sentence of incarceration was upheld for an 18-year-old offender who had sped through Downtown Vernon. The appeal court upheld the view of the trial judge who had expressed the opinion that the appellant had learned his lesson, but considered that the principles of denunciation and deterrence required that a jail sentence be imposed. This case is distinguishable from the case at bar because it is clear that Mr. Gislason was a grown man and a father when he committed this offence, not a callow youth with no criminal record. [ 27 ] Secondly, R. v.

Gallant , 1982 CarswellNS 9 , in which a fine and probation instead of a jail sentence was imposed on a middle- aged offender who was the sole support of six children. The court seemed to be particularly concerned about unemployment in that particular part of Nova Scotia and that a jail sentence might cause the offender to lose his employment, perhaps never to regain it. That is not a concern in this case.

[28] Thirdly, R. v. Hammondtree [phonetic], 1982 CarswellBC 878, in which the B.C. Court of Appeal held that a sentence of 30days was entirely unfit and inadequate to address the danger to the public posed by a young woman who ran red lights and caused otherdrivers to take evasive action. The Court of Appeal substituted a four-month sentence to be served consecutively to other offences shehad committed. [29] Next, R. v. Kineshenko [phonetic], 1983 CarswellBC 1394, in which the B.C.

Court of Appeal held that a jail sentence wasmandatory for the 35-year-old offender who was highly respected in the community, hard-working, and was the support of fourchildren. The court treated his prior conviction as so dated that he was treated as a first-time offender. That is not the case for Mr.Gislason. In that case, the sentence of 60 days was upheld. [30] Next, R. v. Sharp, 2015 BCPC 391 , 2015 BCPC 0391, in which the court declined to grant a conditional discharge andacceded to the Crown's submission for a $1,000 fine and a suspended sentence with probation for 12 months.

The court took note of theoffender's First Nations heritage, substantial steps he had taken to address his substance abuse issues, and the fact that unlike Mr.Gislason he had no criminal record. Mr. Gislason has taken no such steps to improve himself. [31] I find that the range of sentence for this offence proceeded summarily is a jail sentence between two to six months. [32] Mr. Gislason points out that he is gainfully employed and earns a good living. His spouse, Annette Berry, is not employed atpresent, but plans to commence part-time work this month. However, Mr.

Gislason is the primary breadwinner and they rely on hisincome to pay for their five-acre property. His work income at present is being attached by the Family Maintenance EnforcementProgram to pay for his child support arrears. Application, R. v. Gladue and R. v. Ipeelee [33] Mr. Gislason says that he is a person of First Nations heritage. Mr. Gislason's grandmother on his father's side was ofAboriginal heritage from Manitoba. All the rest of his family is non-Aboriginal including his mother. I received a letter from Bertha andVirginia Pierre which stated that Mr.

Gislason's mother was adopted into their family which belongs to the Wet'suwet'en First Nation. [34] In his physical appearance, Mr. Gislason appears Caucasian. He has blue eyes. Ms. Joseph acknowledges that Mr. Gislasonwas not raised on a reserve nor in a First Nations community. She acknowledged in her submissions that none of the disadvantagestypically faced by Aboriginal offenders applied to Mr. Gislason. In fact, she pointed out that Mr. Gislason lost all connection with hisAboriginal community at age 13 when his father was tragically killed in a motor vehicle accident. [35] There is no suggestion that Mr.

Gislason was ever the victim of racial discrimination against Aboriginal people which isunsurprising since there would be no way for anyone to tell by observation that Mr. Gislason has any First Nations heritage. Rather, thesole argument advanced by Ms. Joseph is that this court should, in order to take into account the widespread discrimination in Canadaagainst Aboriginal people and the overrepresentation of Aboriginal people in prison, impose a non-custodial sentence on Mr.

Gislasoninstead of a custodial sentence sought by the Crown. [36] The Criminal Code, s. 718.2(e), directs the sentencing judge to consider all available sanctions other than imprisonment that arereasonable in the circumstances and are consistent with the harm done to victims or to the community for all offenders and withparticular attention to the circumstances of Aboriginal offenders.

In Gladue and Ipeelee, the Supreme Court of Canada noted thatsentencing courts must take judicial notice of the history of colonization and its effects on Aboriginal people, including racialdiscrimination against Aboriginal people. [37] I do take into account that many Aboriginal offenders have been raised and live in poverty, in communities which lackopportunities for education and employment, and in homes full of substance abuse, physical and sexual abuse, and hopelessness.

I alsoacknowledge that racial discrimination on the basis of language, heritage, or appearance may isolate Aboriginal people and reduceopportunities for their education and employment. A person raised in such circumstances may not have the same level of moralculpability as an offender who was not raised in such circumstances. [38] However, I do not understand that the Supreme Court of Canada directs all courts to apply Gladue factors to those individualswhose Aboriginal heritage is so tenuous that none of the aforementioned factors applies to them. Mr. Gislason concedes that none ofthose factors apply to him.

It is simply on the basis that he carries DNA from a single Aboriginal grandparent that he seeks theapplication of Gladue and Ipeelee to obtain a non-custodial sentence. I am unable to see how his genetic heritage and nothing moreshould entitle Mr. Gislason to a non-custodial sentence if such a sentence would not otherwise be appropriate. Decision [39] I find that Mr. Gislason's driving on this occasion was extremely dangerous. While he may not have been driving atextraordinary speeds, he was driving above the speed limit through a heavily populated residential area.

He drove on the wrong side ofthe road into oncoming traffic, drove in reverse in order to avoid arrest, drove over curbs and meridians to avoid arrest, drove throughmultiple stop signs, and charged his vehicle right at a police officer in his efforts to escape. [40] I accept that although these events occurred in the wee hours of the morning, they occurred at a time when pedestrians arepresent on the streets where the dangerous driving took place which is only a few blocks from downtown drinking establishments. Itappears to me from the circumstances that Mr.

Gislason was joy-riding and determined to lead police on a merry chase regardless of thedanger to the public, the police officers in question, and even his own passenger. Had Constable Reddeman not been as agile as he was,he could have been killed. Mr. Gislason used his truck as a weapon. [41] I acknowledge that this matter is dated and that there is a gap in Mr. Gislason's criminal convictions from that date until therecent conviction from Smithers. However, that gap is not the result of Mr. Gislason changing his ways.

Rather, that gap is due to hisremaining unlawfully at large on this and several other offences he is alleged to have committed while on release or while unlawfully atlarge with respect to this matter. It is clear from the fact that Mr. Gislason committed an almost identical offence in Smithers only last

month that he has not reformed in any way. [ 42 ] I am satisfied that Mr. Gislason will not abide by any conditions placed upon him to govern his behaviour in the community. In fact, I am confident that, upon his release, Mr. Gislason will continue to drive illegally. In fact, given his demonstrated tendency to flee in a dangerous fashion when approached by the police, to place him on conditions in the community might put the community in danger. In my view, the only protection I can give the public from Mr. Gislason is to imprison him. Hopefully, Mr.

Gislason will find that experience sufficiently unpleasant that he will think twice before behaving in this fashion again. [ 43 ] Mr. Gislason, could you please stand. [ 44 ] I sentence you to five months in jail less time served. [ 45 ] I also impose a fine in the amount of $3,000. [ 46 ] You are prohibited from driving anywhere in Canada for a period of three years under s. 259 of the Criminal Code . [ 47 ] Now, you can sit down, sir. [ 48 ] I will invite counsel to provide submissions to me with respect to what the time served should be. I recognize there is time due to Mr.

Gislason left over from the events in March, but there may also be time due to him from the period in November and December of 2011 through January of 2012. I realize it may take counsel a bit of time to work out exactly what that time was and to what it should be attributed. [ 49 ] So I can stand down and have Mr. Gislason back and counsel back at a time a little bit later today when counsel have sufficient time to work it out. If there is time available to Mr. Gislason, he may have quite a bit of time served available to him.

So you may be able to find it by an examination of the CORNET or the court record. [ 50 ] So, counsel, Mr. Robinson, do you know how much time you might require? [ 51 ] MR. ROBINSON: Your Honour, I expect I would need about an hour. [ 52 ] THE COURT: All right, and Ms. Joseph, does that sound about right to you? [ 53 ] MS. JOSEPH: Your Honour, I am at a bit of a disadvantage because I cannot access my other files. So in terms of -- so I will rely on my friend to provide me any information which I can work out. [ 54 ] THE COURT: All right.

So what we will do, then, is be back here at 11:30 and counsel can -- and, Mr. Robinson, once you figure out what you think the answer is, I will ask you to communicate with your friend in advance and then we will be back here at 11:30. You can give me submissions on that. [ 55 ] MR.

ROBINSON: Your Honour -- [ 56 ] THE COURT: Yes, Madam Clerk? [ 57 ] THE CLERK: I would just like to confirm that the sentences apply to both counts? [ 58 ] THE COURT: No, he only pleaded guilty to the dangerous. [ 59 ] THE CLERK: Okay, I am -- I show a plea to -- guilty on Count 2 on January 17, 2012. [ 60 ] THE COURT: Count 2? [ 61 ] THE CLERK: On Count 2, as well, yes, the flight-from-peace-officer. [ 62 ] THE COURT: Okay. Everybody was proceeding on the assumption that it was dangerous driving. I have got Count 1 written on here, Madam Clerk. [ 63 ] MR.

ROBINSON: Your Honour, to solve this perhaps I can just state that Crown is only proceeding on Count 1. [ 64 ] THE CLERK: Thank you. [ 65 ] MR. ROBINSON: The remaining count will be -- there will be a stay of proceedings entered on Count 2. [ 66 ] THE CLERK: And I show on January 12, there was a guilty to Count 2, but I can just -- [ 67 ] THE COURT: Yes, and this is October 29th -- [ 68 ] THE CLERK: Yes. [ 69 ] THE COURT: -- Count 1, and that is what the PSR was ordered on. [ 70 ] THE CLERK: Okay. [ 71 ] THE COURT: So -- [ 72 ] THE CLERK: I will make a note of that. There is no guilty plea to Count 2.

[ 73 ] THE COURT: Yes. [ 74 ] THE CLERK: Okay, thank you. [ 75 ] THE COURT: Thank you. [ 76 ] MR. ROBINSON: In any event -- [ 77 ] THE COURT: All right. [ 78 ] MR. ROBINSON: -- a stay of proceedings will be entered on Count 2. [ 79 ] THE CLERK: Thank you. [ 80 ] MS. JOSEPH: Excuse me -- [ 81 ] MR. ROBINSON: So -- [ 82 ] MS. JOSEPH: Excuse me, Your Honour. [ 83 ] THE COURT: Yes. [ 84 ] MS. JOSEPH: If I -- if I may impose upon my friend to provide any of the -- any disclosure in relationship to that, I can check the dates, as well. [ 85 ] THE COURT: I am sure your friend will send you whatever is required.

Is email the best way? [ 86 ] MS. JOSEPH: Oh, yes, it is, Your Honour. [ 87 ] THE COURT: Okay, so whatever Mr. Robinson is able to find out, he can scan and email to you. Is your email address available to Mr. Robinson? [ 88 ] MS. JOSEPH: Yes, he has my email address. [ 89 ] THE COURT: Okay, that is fine. [ 90 ] MR. ROBINSON: Your Honour, just to clarify the date range again? [ 91 ] THE COURT: Well, I am just going on the basis of what was in the presentence report. There is a notation that Mr. Gislason was in custody. Here we go, on page 10 of the report, it said that Mr.

Gislason was working for RBee Crushing until December 2011 when he was incarcerated. He was released in January 2012 and then lived with his mother and stepfather. So it may be that he was incarcerated on the Alberta matters and that has nothing to do with this matter. [ 92 ] MR. ROBINSON: Yes, I will take those -- that notation into consideration and make best efforts to ascertain that for the court. [ 93 ] THE COURT: All right. [ 94 ] MR. ROBINSON: I can -- [ 95 ] THE COURT: Thank you, Mr. Robinson. [ 96 ] MR.

ROBINSON: I can advise on one more procedural step with respect to the bail. [ 97 ] THE COURT: Yes. [ 98 ] MR. ROBINSON: It does not appear that it has been estreated on. [ 99 ] THE COURT: Okay. [ 100 ] MR. ROBINSON: Crown, at the conclusion of the sentencing, would be requesting pursuant to s. 770 of the Criminal Code that a declaration be made in Form 33 which appears on the recognizance. That triggers the cash deposit to be frozen at the registry and Crown will be taking further steps to estreat on the deposit. [ 101 ] THE COURT: All right. Have you given your friend notice of that application? [ 102 ] MR.

ROBINSON: Your Honour, the application that requires notice is the actual hearing and, with respect to the 770 application, that is just a matter of -- [ 103 ] THE COURT: Freezing it. [ 104 ] MR. ROBINSON: -- of freezing it. [ 105 ] THE COURT: All right. [ 106 ] MR. ROBINSON: It is not -- essentially, it is not making an order that it is forfeited or anything like that.

[ 107 ] THE COURT: Okay. So your friend has notice that you are going to make that application? [ 108 ] MR. ROBINSON: Yes, it does require the endorsement of the court on the recognizance -- [ 109 ] THE COURT: Okay. [ 110 ] MR. ROBINSON: -- and I can provide a copy of that to the court at this time. [ 111 ] THE COURT: All right. Let me see the recognizance, but I am sure I have to endorse the original in any event, but I will see a copy of it. [ 112 ] MR. ROBINSON: And I can advise Form 33 appears on the very last page of the document. [ 113 ] THE COURT: Okay, I see the -- I see the document. All right.

I will consider that, Mr. Robinson, and -- but I am sure that your friend would like the opportunity to also consider your application for me to endorse the breach of the recognizance. [ 114 ] MR. ROBINSON: Yes. [ 115 ] THE COURT: So I will address that when we return at 11:30, and Ms. Joseph will have the opportunity to speak to it if she wishes to at that time. [ 116 ] MR. ROBINSON: Can I just inquire whether Ms. Joseph has -- my friend has a copy of the recognizance? [ 117 ] MS. JOSEPH: I do not, Your Honour. [ 118 ] THE COURT: All right. Then Mr. Robinson will email that to you, as well. [ 119 ] MR.

ROBINSON: Yes, I can -- [ 120 ] MS. JOSEPH: Thank you. [ 121 ] MR. ROBINSON: -- email that to Ms. -- to my friend. [ 122 ] THE COURT: Thank you. All right we will see you at 11:30. [ 123 ] THE CLERK: Order in court. This court is adjourned until 11:30. [ 124 ] (PROCEEDINGS ADJOURNED) (PROCEEDINGS RECONVENED) [SUBMISSIONS RE TIME-SERVED CREDIT] (PROCEEDINGS ADJOURNED) (PROCEEDINGS RECONVENED) [SUBMISSIONS RE TIME-SERVED CREDIT CONTINUING] [ 125 ] THE COURT: All right. So I am going to find, then, that enhanced credit is available. So he is entitled to nine days' credit for that time of it.

So we have got 18 days at 1.5 which I make to be 27 days? [ 126 ] MR. ROBINSON: That is agreeable. [ 127 ] THE COURT: Then an additional nine days taking credit into account. So we are now at 36 days' credit. [ 128 ] MR. ROBINSON: That is agreeable with Crown. [ 129 ] THE COURT: Is that in accordance with your math, Ms. Joseph? [ 130 ] MS. JOSEPH: Yes, it is, Your Honour. [ 131 ] THE COURT: Okay. All right. So, from the five-month sentence that I have imposed, I will deduct 36 days' credit. So that should leave 120 less four, it should leave 116 days to go. Is my math right, there, counsel?

I did not go to law school because I was good at math. [ 132 ] MR. ROBINSON: That would be agreeable with Crown and -- [ 133 ] THE COURT: Ms. Joseph? [ 134 ] MS. JOSEPH: Just -- still calculating the amount, Your Honour. Oh, I come up with 114 days. [ 135 ] THE COURT: Well, I am just rounding the months to 30 days. So if we go -- [ 136 ] MS. JOSEPH: Yes. [ 137 ] THE COURT: -- 30 days times four because we have deducted 30 days, then there is six. You are right. It is a 114. It is 114. Thank you, Ms. Joseph. 114 new days. Okay. [ 138 ] THE CLERK: Your Honour --

[ 139 ] THE COURT: Yes. [ 140 ] THE CLERK: -- get a time to pay on the fine and the victim of crime surcharge? [ 141 ] THE COURT: All right. Now, with respect to the time to pay the fine, Ms. Joseph, are you able to suggest anything about how long your client needs to pay? Obviously, if he does succeed in getting some of his bail money back and if it is not estreated after a hearing, then he will have money with which to pay his fine, but otherwise, what sort of time would he be needing? [ 142 ] [SUBMISSIONS RE TIME TO PAY FINE] [ 143 ] THE COURT: Okay, well, I will order one year.

I think that is about as far as I can go. [ 144 ] Now, with respect to the endorsement of the recognizance of bail, the certificate of default, Ms. Joseph, I heard from your friend, he is seeking to have the court endorse that there was -- essentially that there was a default and, at that point, it then lies to the Crown to set a hearing date for the -- to decide what is to happen with the money. So what -- do you have any position with respect to my endorsement of the certificate of default? [ 145 ] MS. JOSEPH: I do not, Your Honour, except to say that I, on behalf of Mr.

Gislason, will be in discussion with my friend regarding this. So there is -- may possibly be room for a settlement. [ 146 ] MR. ROBINSON: And that is agreeable. I have had some discussions with my friend that Crown will be proceeding on the estreatment. However, we -- it would be -- [ 147 ] THE COURT: You might not seek to -- [ 148 ] MR. ROBINSON: -- helpful to have some discussions. [ 149 ] THE COURT: -- all of it. Okay. All right. Well, that sounds fine.

Madam Clerk, I think I am going to need the original of the recognizance in order to do the endorsement. [ 150 ] THE CLERK: The one I seem to have on the file looks to be a copy, as well, Your Honour. [ 151 ] THE COURT: Let me have a look here. Well, there is some blue ink on it. All right. Okay, and -- all right, and Mr. Gislason's address is required for this. Ms. Joseph, do you have Mr. Gislason's address? [ 152 ] [DISCUSSION RE ACCUSED'S ADDRESS] [ 153 ] MS.

JOSEPH: I do have -- just one minute, Your Honour, I do have his current address, 11147 Hale, H-a-l-e, Road, Topley, B.C., and I do not have a postal code. [ 154 ] THE COURT: All right. Well, I am sure that can be discovered somehow. Okay. There. [ 155 ] Madam Clerk, I will hand that back. I will ask you to make copies of that and send a copy to the Crown and to Ms. Joseph. All right. [ 156 ] Is there anything else? [ 157 ] MR. ROBINSON: No, Your Honour, thank you. [ 158 ] THE CLERK: No, that is everything. [ 159 ] THE COURT: Okay. [ 160 ] MS.

JOSEPH: Nothing further, Your Honour, thank you. [ 161 ] THE COURT: Thank you, Ms. Joseph. All right. We will be hanging up, then. [ 162 ] MS. JOSEPH: Thank you. [ 163 ] THE COURT: Good luck, Mr. Gislason. [ 164 ] THE ACCUSED: Thank you. (REASONS FOR SENTENCE CONCLUDED)