R. v. Webber, 2021 BCPC 296

Citation: R. v. Webber 2021 BCPC 296 Date: 20210929 File No: 35090-1 Registry: Fort St. John IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. ADDISON WADE WEBBER REASONS FOR SENTENCE OF THE HONOURABLE JUDGE O.A. FLECK Counsel for the Crown: T.J. Lattimer, by teleconference Counsel for the Defendant: G. Rivard Place of Hearing: Fort St. John , B.C. Date of Hearing: September 27, 2021 Date of Judgment: September 29, 2021 [ 1 ] This is my decision on sentencing in the matter of R. v. Webber, Fort St. John Court File 35090-1. [ 2 ] Mr.

Addison Webber is before the court having entered guilty pleas on Counts 1 and 2 of the information; namely, that, on April 21, 2019, he possessed, for the purposes of trafficking, cocaine and methamphetamine, contrary to s. 5(2) of the Controlled Drugs

and Substances Act , also referred to as the CDSA . [ 3 ] The Crown is seeking a custodial sentence of nine months. The Crown also seeks ancillary orders for a weapons prohibition, pursuant to s. 109 of the Criminal Code ; a forfeiture order; and a discretionary DNA order. [ 4 ] The defence submits that a suspended sentence, with a lengthy term of probation, would be appropriate in this case; or, in the alternative, the defence submits that a conditional sentence order, or a CSO, could also be a fit sentence in Mr. Webber's case.

The defence does not oppose the ancillary weapons and forfeiture orders sought by the Crown, but does not concede the need for a DNA order. [ 5 ] Prior to the recent B.C. Supreme Court decision issued on April 7, 2021 in the matter of R. v. Chen , 2021 BCSC 697 , a CSO would not have been an available option for the offence of possession for the purposes of trafficking. However, in Chen , Mr. Justice Schultes, of the B.C. Supreme Court, declared s. 742.1(

c) inter alia to be of no force and effect. That

section had previously been what would have prevented a CSO from being available in the case of any s. 5(2) matter, as any matters falling under that

section could possibly attract a life sentence. [ 6 ] So, prior to Chen , anyone convicted of trafficking or possession for the purposes of trafficking in a controlled substance would have expected to receive a sentence of imprisonment in a correctional facility, unless they were able to establish the existence of exceptional circumstances, with exceptional circumstances being the standard that had been established by case law to determine whether a noncustodial sentence in the form of a suspended sentence was fit for such an offender.

However, that has now changed and a CSO is now available, as well as a suspended sentence. THE CIRCUMSTANCES OF THE OFFENCES [ 7 ] The offences came to light as a result of a motor vehicle accident. Mr. Webber was driving a car in Fort St. John and collided with a parked car. Shortly after the accident, a witness observed Mr. Webber bleeding from his face and walking around in an incoherent fashion. The witness called the police, believing that the incident may have been one of impaired driving. The witness also observed Mr.

Webber remove a toolbox and bag from his car and take them down an alleyway, returning shortly thereafter without those items. This observation was also reported to the police. [ 8 ] The police arrived relatively quickly and embarked on an impaired driving investigation. The police also acted on the information from the witness about the tool box and bag and went looking for these items, and did find them somewhere down the alleyway. The toolbox and bag contained various drugs, with much of it, especially the cocaine, packaged and prepared for sale.

At this point, the police commenced an investigation for possession for the purpose of trafficking. [ 9 ] Overall, the contents of the toolbox included the following: 20.3 grams of marihuana; 20.9 grams of psilocybin mushrooms; two grams of crystal methamphetamine; nine baggies of white rock cocaine of approximately one gram each; 18 baggies of white rock cocaine of approximately 0.5 grams each; 24 baggies of white rock cocaine of approximately 0.4 grams each; 25 baggies of pink rock cocaine of approximately 0.5 grams each; 16 baggies of crystal meth of approximately 0.5 grams each; 5.94 grams of methamphetamine in four different baggies; 4.55 grams of rock cocaine in various baggies; one capsule, which contained, at least in part, fentanyl; and two scales. [ 10 ] In the course of the investigation, Mr.

Webber provided a Charter -warned statement to the police, in which he admitted that he had been performing drug transport services for several weeks in exchange for drugs for his own use and to satisfy his drug debts. CIRCUMSTANCES OF THE OFFENDER [ 11 ] Mr. Webber is 33 years old, as at the time of sentencing today. Several years ago he began using recreational drugs, notably cocaine. He says that he was introduced to drugs by a roommate and used the drugs primarily as a way to deal with stress.

However, the drug use eventually morphed into drug addiction and, as a result, started to cause financial difficulties for Mr. Webber. This eventually led to Mr. Webber agreeing to transport drugs in exchange for drugs for his own use and to pay off his drug debts. This is apparently what he was doing at the time of the car accident that led to these proceedings here today. [ 12 ] Currently, Mr. Webber lives in Fort St. John with his father. He pays rent to his father and he assists his father with his medical needs. Mr.

Webber is employed as a yard labourer for an oilfield services company and works a regular Monday to Friday schedule. [ 13 ] Mr. Webber was previously involved in a common-law relationship but that relationship ended not long after Mr. Webber's arrest, apparently as a result of his drug use. However, his former common-law partner remains supportive and they have a six -year-old son that they are raising together. Mr. Webber also has a 12 -year-old daughter from an earlier relationship and she is also a part of his life. [ 14 ] There are several mitigating factors present in Mr. Webber's circumstances.

He comes before the court with no prior record and having entered guilty pleas at a relatively early stage in these proceedings. It also appears very much that Mr. Webber's prospects for rehabilitation are high. [ 15 ] The court has had the benefit of a pre-sentence report that has been prepared, which paints a very positive picture of Mr.

Webber as an individual who has developed insight into both the root causes and the impact of his offending; who has insight into what changes are necessary in his life to avoid any relapses; and who has already taken significant steps towards rehabilitation and towards once again becoming a productive member of society. [ 16 ] Perhaps the main step towards recovery that Mr.

Webber has taken has been to recognize what kind of individuals are likely to cause him to regress into drug use, and the culture that comes with that, and to have excised such people from his life, instead focusing on family and friends that are leading to more prosocial activities. [ 17 ] Mr. Webber chose to address the court directly and I was impressed by his contrition for his offences and I believe him to be

remorseful, both for the impact he has caused society at large and for the hurt he has caused his family. [ 18 ] However, there are also aggravating circumstances which must be noted; namely, all of the substances possessed by Mr. Webber on the day in question are

Schedule 1 substances. There were several different substances in his possession at the time of his arrest. The substances included fentanyl, which has been found to be an especially insidious presence in the community. He was being paid, in an illicit fashion, to perform the drug transport services; and, in the wake of the car accident, he hid the drugs in a public place, which created the spectre of the drugs possibly being found by children or otherwise causing harm to society if they had not immediately been located by the police.

SENTENCING PRINCIPLES [ 19 ] The relevant principles for sentencing are set forth in the Criminal Code , as well as in the CDSA . [ 20 ] Criminal Code s. 718 states the following: 718 The fundamental purpose of sentencing is 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 [and] to the community. [ 21 ]

Section 718.1 of the Criminal Code states the following: 718.1 A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. [ 22 ] And then, s. 718.2 further states, in relevant part, that: 718.2 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 reas onable in the circumstances . . . should be considered for all offenders . . . [ 23 ]

Section 10 of the CDSA also contains certain enumerated statutory aggravating factors. However, none of those statutory aggravating factors are applicable to Mr. Webber, based on the submissions about the factual circumstances that I was given by the Crown. [ 24 ] A suspended sentence and probation is one sentencing option available to courts following any conviction under s. 5(2) of the CDSA . This is acknowledged by the Court of Appeal in its reasons in R. v.

Voong , 2015 BCCA 285 , that was submitted to me by the Crown during the sentencing submissions, and this was also the sentence that was imposed by the Supreme Court of B.C. in R. v. McKay , 2019 BCSC 823 , that was submitted to me by the defence. Both of those authorities make it clear that, in drug trafficking or in possession for the purpose of trafficking cases, a suspended sentence is generally only fit where there are exceptional circumstances present for the offender. [ 25 ] For instance, in McKay , the offender had suffered from a particularly troubling upbringing.

He had suffered a very serious injury at the age of 16, resulting in the loss of a leg, and he had become drug addicted before eventually voluntarily enrolling in a residential treatment program, which then allowed him to make tremendous strides towards rehabilitation. Given all of those factors, the sentencing judge in McKay found that there were indeed exceptional circumstances and that those circumstances outweighed the offender's otherwise reprehensible conduct in trafficking in heroin laced with fentanyl and methamphetamine in a public park.

Specifically, the McKay sentencing judge found that the public interest in having the offender complete his recovery outweighed the benefits of denunciation and deterrence that might come from a sentence that involves incarceration. [ 26 ] In Voong , Madam Justice Bennett, writing for the B.C. Court of Appeal, at paragraphs 22 and 23 of that decision, reviewed some earlier cases where exceptional circumstances had also been found to be present by the sentencing judges. So I will quote from Madam Justice Bennett's decision:

[22] Where a suspended sentence was imposed in drug trafficking offences prior to the availability of a CSO, there was always an indication of exceptional mitigating circumstances. For example, in R. v. Harding , [1977] B.C.J. No. 839 (C.A.) , this Court dismissed a Crown appeal and upheld a suspended sentence with three years’ probation with strict conditions, for a heroin addict who sold four caps of heroin. She had made significant steps towards overcoming her heroin addiction, and the majority concluded they should not interfere with the carefully reasoned sentence.

The majority found that the trial judge had recognized that deterrence was of foremost importance but concluded that in the circumstances of the case before him, rehabilitation was worth the effort. The trial judge was alive to the fact that he could sentence her if his expectations of rehabilitation were not born out, and she breached the probation order. [23] In R. v. Huang , [1993] B.C.J.

No 1118 (C.A.) , this Court dismissed a Crown appeal upholding a suspended sentence and three years’ probation for an offender who pleaded guilty to possession of one ounce of 90 percent pure heroin for the purpose of trafficking. The offender was 18 years old at the time, attending community college and had no prior record.

Although this Court and the sentencing judge expressed reservations about a sentence other than incarceration, this Court concluded that the sentence was carefully considered and declined to interfere with it. . . [ 27 ] So that provides some examples of where exceptional circumstances have been found by courts in the past. [ 28 ] I will also note that sentencing is an individualized process.

Although certain overriding principles apply to every sentence imposed by a court, such as those delineated at ss. 718 to 718.2 of the Criminal Code that I earlier quoted, a court must always consider the specific circumstances of any individual that come before it for sentencing in determining a fit sentence for that individual. ANALYSIS [ 29 ] In assessing the individual circumstances of Mr. Webber, I am unable to find that exceptional circumstances exist in this case, such that the circumstances outweigh the other objectives of sentencing that would be applicable to Mr. Webber.

As a result, I do not find that a suspended sentence would be a fit sentence in this case. [ 30 ] While I do note that Mr. Webber has made certain strides in recovering from his addiction, most notably the changes in his lifestyle that have taken him away from the influence that led him on a path to addiction, overall, Mr. Webber's circumstances are not as profound as those in the authorities I have been provided. For instance, there is no evidence before me that Mr.

Webber is engaged in ongoing treatment that would be best served by avoiding any form of custodial sentence and there is nothing in his personal background that would cause me to forego some or all of the punitive aspects of a sentence in favour of focusing entirely on the rehabilitative aspects of the sentence instead. [ 31 ] While I am cognizant of the principle of restraint with respect to first-time offenders, I find that, overall, the authorities support custodial sentences in

Schedule 1 trafficking or possession for the purpose of trafficking cases, even for first offenders, given the generally reprehensible and morally culpable nature of trafficking in such substances. In this case, I find that Mr. Webber also engaged in conduct that was highly morally culpable. In particular, I find that the aggravating circumstances for Mr. Webber that I outlined earlier constituted a very real danger to public safety and the public interest, which is not outweighed by anything in Mr.

Webber's personal circumstances that would militate in favour of a noncustodial sentence. [ 32 ] In my view, denunciation and deterrence must be paramount in crafting a fit sentence for Mr. Webber and this will require a custodial sentence. However, custodial sentences can take two forms. A custodial sentence can either be served in a correctional facility as jail time or it can be served under community supervision as a conditional sentence order.

A conditional sentence is governed by s. 742.1 of the Criminal Code , which sets out the following in relevant part: 742.1 If a person is convicted of an offence and the court imposes a sentence of imprisonment of less than two years, the court may, for the purpose of supervising the offender’s behaviour in the community, order that the offender serve the sentence in the community, subject to the conditions imposed under

section 742.3, if (

a) the court is satisfied that the service of the sentence in the community would not endanger the safety of the community and would be consistent with the fundamental purpose and principles of sentencing set out in sections 718 to 718.2; . . . [ 33 ] In applying these statutory criteria to Mr. Webber, I am satisfied that he poses no ongoing threat to the community. While his previous drug trafficking activities contributed in a substantial way to the ongoing threat that drugs pose to the community, I am satisfied that Mr.

Webber has left those activities behind and fully intends to continue to leave such activities behind him. The intervening two and a half years since the offences were committed seem to have allowed Mr. Webber to change who he is as a person, and this is supported by the pre-sentence report and the comments made by the people who were interviewed in the course of completing that report. [ 34 ] While I find that he would benefit from counselling for his addiction, in order to ensure that the addiction issues are truly behind him, I am also satisfied that Mr.

Webber has developed enough insight into his addiction and enjoys enough family and community support that he does not represent a significant threat to relapse into drug use or any corresponding illicit activities. [ 35 ] I also find that a conditional sentence would achieve the fundamental purpose and principles of sentencing as outlined in ss. 718 through 718.2 of the Criminal Code . Specifically, and for the foregoing, I do not find that it is necessary to separate Mr.

Webber from society to achieve the fundamental purpose and principles of sentencing, which, namely, would be to denounce his unlawful conduct and to deter both Mr. Webber and others from committing future offences. [ 36 ] In my view, the principles of denunciation and deterrence can be achieved, in this case, with an appropriate conditional sentence that contains a punitive aspect that is of sufficient severity to make it clear to both Mr. Webber and the public at large that drug trafficking is not tolerated but which, at the same time, also allows Mr.

Webber to continue with the progress he has made, without the interruption that a jail sentence would create. [ 37 ] I also consider the circumstances of the people in Mr. Webber's family and how a jail sentence would affect their lives and, by

extension, how that would affect society at large. Mr. Webber is currently involved in raising his two children; he pays child support; he is paying off consumer debts that he previously accumulated; he helps support his father through the rent he pays; and he assists his father with his medical needs. All of these things would be significantly interrupted by a jail sentence and I infer from the evidence before me that there would be some degree of financial hardship on Mr.

Webber's family if he was not able to continue his financial and other contributions, leaving them, therefore, less able to participate productively in society. This is a societal impact that also requires consideration. [ 38 ] Finally, as I have mentioned, I find that Mr. Webber would benefit from counselling for his addiction. This could be achieved under a conditional sentence, with a condition that he participate in counselling as directed, so that he is able to benefit from programming that is available through Community Corrections.

In this manner, a conditional sentence would directly address both the punitive and rehabilitative aspects of the fundamental purpose and principles of sentencing. [ 39 ] The Crown has submitted that nine months' imprisonment would be a fit sentence. Although I have already stated that it would be in the best interests of both Mr. Webber and the community to have him serve his sentence in the community, I am satisfied that the duration of sentence that has been recommended by the Crown is appropriate to Mr.

Webber's case. [ 40 ] As a result of that, as well as a result of other authorities that I have consulted, namely the cases of R. v. Hanson , 2021 BCPC 208 , and R. v. Harrower , 2021 BCSC 1796 , I find that a house arrest aspect of a conditional sentence that corresponds roughly to what the Crown has recommended is appropriate for the purpose and principles of sentencing, the circumstances of the offence, and the circumstances of Mr.

Webber personally, especially his status as a first-time offender. [ 41 ] Therefore, the punitive aspect of the sentence that I will impose will include a period of nine months of house arrest. That will be followed by a further six months of less restrictive conditions, but including a curfew, the purpose of which will be to encourage and assist Mr. Webber's ongoing rehabilitation. [ 42 ] In addition, I will make the forfeiture order and s. 109 orders that the Crown seeks.

However, I will decline to make the DNA order, because, having considered s. 487.051(3) of the Criminal Code , I find that there is little ground to find that Mr. Webber is, has been, or will be engaged in general criminality beyond the specific matters being dealt with here today; or that he would be engaged in such criminal activity that having his DNA in the databank would be in the public's interest to assist with the investigation of such criminal activity; and I also find that ordering him to submit to a DNA sample in these circumstances would be an unwarranted intrusion into his privacy. [ 43 ] Mr.

Webber, if you could please stand. SENTENCE [ 44 ] For the foregoing reasons, I sentence you to a conditional sentence order, which will have a duration of 15 months, with the following terms and conditions. [ 45 ] From Picklist 3001, the compulsory conditions: 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 conditional sentence supervisor in advance of any change of name or address and promptly notify the court or supervisor of any change in employment or occupation.

You must remain in British Columbia unless you have prior written permission from the court or your conditional sentence supervisor to leave the province. [ 46 ] Next, from picklist 3103: You must report by telephone to a conditional sentence supervisor at the Fort St. John Community Corrections office by 12 noon on Friday, October 1, 2021. If the office is closed, you must continue calling daily during regular business hours until you have spoken to a supervisor and received further direction to report.

After that, you must report as directed by your supervisor. [ 47 ] Then 3201: When first reporting to your conditional sentence supervisor, you must provide them with the address where you live and your phone number. You must not change your address or phone number without prior written permission from your supervisor. [ 48 ] Then 3209-2: For the first nine months of your conditional sentence order, you must obey house arrest by being inside your residence, or on the lot on which it is located, 24 hours a day, every day.

You must present yourself immediately at the door to your residence or answer the phone when any peace officer or conditional sentence supervisor attends or calls to check on you during the house arrest. You may be away from your residence during the house arrest with the prior written permission of your conditional sentence supervisor. Such permission is to be given only for employment or other compelling reasons, such as to accompany your father to medical appointments.

You must carry the permission with you when you are outside your residence. [ 49 ] Then 3209-2A for further exceptions: You may also be away from your residence during the house arrest hours: (

a) while at or going directly to or returning directly from a healthcare facility because of a medical emergency. If asked, you must provide your conditional sentence supervisor with proof of your attendance at the facility; and (

b) in the immediate presence of your father, Darren Webber, or any other person approved by your conditional sentence supervisor, but only with the prior written permission of your conditional sentence supervisor. [ 50 ] Then 3212: You must provide your conditional sentence supervisor with the details of your employment status.

You must inform your supervisor within two business days of any change in your employment status. [ 51 ] Then 3214: If you are given permission by your conditional sentence supervisor, you must carry it with you in paper or electronic format when you are doing or possessing something that requires permission. You must show the permission, along with a copy of this order, to a peace officer who: (

a) requests to see it; or (

b) who stops you for any reason. [ 52 ] Then 3209-1: For the final six months of your conditional sentence order, you must obey a curfew by being inside your residence, or the lot on which it is located, between 11 p.m. and 6 a.m. every day. You must present yourself immediately at the door to

your residence or answer the phone when any peace officer or conditional sentence supervisor attends or calls to check on you during the curfew. You may be away from your residence during the curfew with the prior written permission of your conditional sentence supervisor. Such permission is to be given only for employment or other compelling reasons. You must carry the permission, which can be in electronic format, with you when you are outside your residence. [ 53 ] And 3209-1A: You may also be away from your residence during the curfew hours: (

a) while at or going directly to or returning directly from a healthcare facility because of a medical emergency. If asked, you must provide your conditional sentence supervisor with proof of your attendance at the facility; and (

b) in the immediate presence of your father, Darren Webber, or any other person approved by your conditional sentence supervisor, but only with the prior written permission of your conditional sentence supervisor. [ 54 ] Then 3308: You must not associate or have a relationship with anyone named by your conditional sentence supervisor if your supervisor has reasonably determined the relationship or association to be a risk to yourself or others or to be detrimental to your programming, counselling, reintegration into the community, or presents a risk to the public. [ 55 ] Then 3401-2: You must not possess or consume drugs except with a medical prescription. [ 56 ] 3401-1: For the first nine months of your conditional sentence order, you must not possess or consume alcohol.

For greater clarity, the place where you reside may contain alcohol for the use of other people, but you must not handle any alcohol in any manner. [ 57 ] 3406: You must not possess drug paraphernalia that are suitable for the sale or consumption of drugs that have not been prescribed for you. [ 58 ] Then 3501: You must attend, participate in, and complete any intake, assessment, counselling, or education program directed by your conditional sentence supervisor.

This may include, but is not limited to, counselling or programming for drug addiction. [ 59 ] Then 3509: You must complete 75 hours of community work under the direction of your conditional sentence supervisor. Your community work service must be completed by September 30, 2022. [ 60 ] And 3610: You must not possess, directly or indirectly, any weapon as defined by the Criminal Code , including: (

a) firearms and ammunition; (

b) crossbows, prohibited or restricted weapons or devices, or explosive substances; (

c) anything used, designed to be used, or intended for use in causing death or injury to any person or to threaten or intimidate any person; (

d) any imitation of all the above, including any compressed air guns or BB/pellet guns; or (

e) any related authorizations, licences and registration certificates, and you must not apply for any of these. [ 61 ] And that will conclude the conditional sentence order. So I am just going to pause there, before I carry on with pronouncing sentence to ask, do you have any questions about those conditions on the conditional sentence order? [ 62 ] THE ACCUSED: Um, no, not really. [ 63 ] THE COURT: All right. Do you agree to abide by those conditions? [ 64 ] THE ACCUSED: I do, yes. [ 65 ] THE COURT: Okay. I will waive Mr.

Webber's signature on the document here at the courthouse today, but Madam Clerk, once the document is ready, if a copy could be emailed to Mr. Rivard and he can pass it on to Mr. Webber. [ 66 ] CNSL T. LATTIMER: Your Honour, [indiscernible/teleconference] practice to email defence counsel, so [indiscernible/teleconference] if that is helpful. [ 67 ] THE COURT: Sorry, could you say that again? It was a bit garbled. [ 68 ] CNSL T. LATTIMER: Oh, sorry, Your Honour.

I make it part of my practice to email probation orders and CSO orders to defence counsel once [indiscernible/teleconference] concluded, if that helps Madam Clerk at all. [ 69 ] THE COURT: That would be appreciated. Thank you, Mr. Lattimer. Ancillary Orders [ 70 ] I will move on to the ancillary orders, beginning with the s. 109 weapons prohibition: Pursuant to s. 109 of the Criminal Code , you are prohibited from possessing: (

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

b) any prohibited firearm or restricted firearm, prohibited weapon, prohibited device, and prohibited ammunition for life. [ 71 ] With respect to the DNA order, Counts 1 and 2 on Information 35090-1 are secondary designated offences. After considering the factors set out in s. 487.051(3) of the Criminal Code , I am not satisfied that it is in the best interest of the administration of justice to authorize the taking of bodily samples from you. [ 72 ] Then, finally, with respect to the forfeiture order, I will just note that Crown counsel has submitted a draft order.

I will make the order in accordance with the draft that has been provided, except I will ask, Mr. Lattimer, if you could resubmit a draft just updating the date, as we did not proceed with sentencing on the 27th, it is instead happening today. [ 73 ] CNSL T. LATTIMER: Okay. Yes, Your Honour, I can do that this afternoon. [ 74 ] THE COURT: All right. And then, if you could obtain the counter signature of your friend, Mr. Rivard, as well, just as to the form of the order.

[ 75 ] CNSL T. LATTIMER: Sure. [ 76 ] THE COURT: And then I will sign that once it is submitted, but just for today's purposes, I will note that I am making a forfeiture order under s. 16 of the Controlled Drugs and Substances Act and that the items that are to be forfeited are as indicated by Crown in its draft order. Specifically, the items that are part of Appendix A, which is the major exhibit flowchart that has been appended to the draft -- [ 77 ] CNSL G. RIVARD: And -- [ 78 ] THE COURT: -- Crown order. [ 79 ] CNSL G. RIVARD: And I just have a question.

Is that I usually -- I've not often seen defence signatures on forfeiture orders. Is that a new form or is it a [indiscernible/overlapping speakers] -- [ 80 ] THE COURT: Well, it is the way it was drafted by Mr. Lattimer. [ 81 ] CNSL G. RIVARD: Oh, one -- [ 82 ] THE COURT: If you are content to have your signature waived, I am okay with that. [ 83 ] CNSL G. RIVARD: Yes, please. Simply that it could speed up the process -- [ 84 ] THE COURT: Okay. [ 85 ] CNSL G. RIVARD: -- because I -- anything to do with paper for me gets lost, and so... [ 86 ] THE COURT: All right. So Mr.

Rivard's signature on the forfeiture order will not be required, Mr. Lattimer, so you could just redraft it without his signature block. [ 87 ] CNSL G. RIVARD: And I have reviewed the order, so that is fine. [ 88 ] THE COURT: Okay. [ 89 ] CNSL T. LATTIMER: Thank you, Your Honour, and I will just make a note of that on the draft. And that should just go to the registry, then? [ 90 ] THE COURT: Yes, if you submit it to the registry it will get passed through to me for signature. [ 91 ] CNSL T. LATTIMER: Thank you, Your Honour. [ 92 ] THE COURT: Okay.

Then, the final item I believe I need to deal with is victim of crime surcharge. Is this an offence, Mr. Lattimer, that victim of crime surcharge would apply to? [SUBMISSIONS RE VICTIM OF CRIME SURCHARGE] [ 93 ] THE COURT: All right. Well, then, based on the submissions I have had here today, the victim of crime surcharge is not applicable, so will not be imposed on Mr. Webber. [ 94 ] Okay. Mr. Webber, do you have any questions about what we have done here today? [ 95 ] THE ACCUSED: Uh, no, it's pretty clear.

Um, I'm just wondering, I have to report to Community Corrections on Friday or any time before then? [ 96 ] THE COURT: By Friday at noon. [ 97 ] THE ACCUSED: By Friday at noon? [ 98 ] THE COURT: So if you can do it this afternoon, I would try to get it done -- [ 99 ] THE ACCUSED: Absolutely. [ 100 ] THE COURT: -- this afternoon. Tomorrow is a statutory holiday, so that is why I said Friday. [ 101 ] THE ACCUSED: Oh, okay, yeah. [ 102 ] THE COURT: Okay. Mr. Lattimer, is there anything else you think we need to address before concluding? [ 103 ] CNSL T. LATTIMER: No, Your Honour.

The Crown directs a stay of proceeding on all remaining counts on Information 35090. [ 104 ] THE COURT: All right. I believe that would be Counts 3 and 4. So we will -- [ 105 ] CNSL T. LATTIMER: That is correct, Your Honour. [ 106 ] THE COURT: We will record the Crown's direction for stay of proceedings on Counts 3 and 4 of the information. [ 107 ] THE CLERK: Thank you, Your Honour.

[ 108 ] THE COURT: Anything further for you, Mr. Rivard? [ 109 ] CNSL G. RIVARD: No, Your Honour. Thank you. [ 110 ] THE COURT: All right. Then we are all done here. I wish you luck, Mr. Webber. [ 111 ] THE ACCUSED: Thank you, Your Honour. _____________________________ O.A. Fleck, PCJ Provincial Court of British Columbia