R. v. Danielson, 2023 BCPC 58

Citation: R. v. Danielson 2023 BCPC 58 Date: 20230322 File No: 36028-1 Registry: Dease Lake IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REX v. TREVOR DANE EDWARD DANIELSON ORAL REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE D. PATTERSON Counsel for the Crown: K. Costain Counsel for the Defendant: S.J. Davidson Place of Hearing: Terrace , B.C. Date of Hearing: March 17, 2023 Date of Judgment: March 22, 2023

[ 1 ] THE COURT: These are my reasons for sentence. As this is an oral judgment, I reserve the right to order a transcript and edit these reasons for sentence to make them grammatically correct or more readable, but the result and substance of my decision will not change. [ 2 ] Trevor Dane Edward Danielson has entered two guilty pleas before me this morning and is now before the court for sentencing.

In relation to Count Number 2 of 36028-1, he pled guilty to committing the offence that: … on or about the 9th day of October, 2022, at or near Dease Lake, in the Province of British Columbia, did commit forcible entry on the real property of Caroline Genaille, contrary to Section 72(1) of the Criminal Code .

And in relation to Count Number 4, he entered a guilty plea to the count that reads: … on or about the 9th day of October, 2022, at or near Dease Lake, in the Province of British Columbia, being at large on a release order, did fail to comply with a condition of that release order by failing to reside at his approved residence, contrary to Section 145(5) (

a) of the Criminal Code . [ 3 ] At the time of this particular offence, Mr. Danielson was subject to a probation order concerning an offence for mischief which he had pled guilty to on August 10, 2021. He was also subject to a September 16, 2022, release order, which included conditions that he resides in Terrace, British Columbia, and not change his address or phone number without the prior written permission of his bail supervisor. He was also subject to a curfew between 9:00 p.m. and 6:00 a.m. daily. The Facts [ 4 ] For reasons I still do not understand, Mr.

Danielson took it upon himself to get a ride with a friend from Terrace to Dease Lake on the 8th of October of 2022, leaving Terrace at approximately noon. Mr. Danielson would have known that there was no way he could have complied with his curfew, and he knew he needed to get the permission of his bail supervisor to undertake the trip he did. He decided that a phone call to his bail supervisor, with a message left on an answering machine, was sufficient even though it was not. He undertook the trip. I am told there was a flat tire along the way, and, as a result, Mr.

Danielson did not get into Dease Lake until the early morning hours of October 9, 2022. [ 5 ] Mr. Danielson has a residence at 175 Boulder Avenue in Dease Lake. The house was unoccupied, but Mr. Danielson did not have a key to get inside, but apparently, his son did, so he decided to go to the residence of his son's mother, Caroline Genaille, to see if he could convince his son to give him a key to 175 Boulder Avenue. [ 6 ] Arriving at Caroline Genaille's home at about four o'clock in the morning, Mr.

Danielson knocked on the front door, waited about a minute, and then went to the basement door, which he claims he found eight to 10 inches open. Mr. Danielson then entered the residence where, for lack of a better term, he startled and scared Caroline Genaille, who made it clear to him that: one, his son was not there, and two, he was not welcome her home. [ 7 ] I should point out that Caroline Genaille woke up because she was sleeping on her sofa and could feel a presence in her room, the residence's living room. One can understand why she was startled, scared, and very concerned for her safety. Having told Mr.

Danielson that their son, Braydon [phonetic], was not home and having asked him to leave, he did. [ 8 ] Caroline Genaille contacted the RCMP through a neighbour. The RCMP went to Mr. Danielson's residence in Dease Lake, where they located and arrested him; he has been in custody since. Those are the facts. Sentencing Positions [ 9 ] The Crown and the defence have presented two different positions on sentencing. Concerning Count Number 2, the Crown seeks a four to six-month custodial term consecutive to the time currently being served.

Concerning Count 4, the Crown seeks an additional two months' real jail concurrent to Count 2 and consecutive to the time that Mr. Danielson is presently serving, to be followed by 18 months of probation. [ 10 ] Mr. Danielson, ably represented by Mr. Davidson today, has urged the court to release him on a conditional sentence order. Alternatively, perhaps some other sentence that will allow Mr. Danielson to get out of custody come June 2023, when he has completed his current sentence. Victim Impact Statement [ 11 ] Ms. Costain has provided the court with Caroline Genaille's victim impact statement.

Caroline Genaille is 100 percent correct where she stated on page 4 of her victim impact statement that just because Mr. Danielson is "father of my children, he can't think he can just stop at my house." It is clear from the victim impact statement that Caroline Genaille, his former intimate partner, still has concerns about Mr. Danielson's behaviour and what he will do in the future. The Law [ 12 ]

Section 718 of the Criminal Code tells us 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. [ 13 ] Caroline Genaille is an Indigenous woman.

Section 718.04 says: When a court imposes a sentence for an offence that involved the abuse of a person who is vulnerable because of personal circumstances — including because the person is Aboriginal and female — the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence. [ 14 ]

Section 718.2(a)(ii) says I must take into consideration, "Evidence that the offender, in committing the offence, abused the offender's intimate partner or a member of the victim or the offender's family." I note that the definition of "intimate partner" means a current or a past intimate partner. So, Caroline Genaille qualifies. [ 15 ]

Section 718.2(a)(iii.1) says I need to consider: … evidence that the offence had a significant impact on the victim, considering their age and other personal circumstances, including their health and financial situation … Sub (

b) says I need to consider: … a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances … Sub (

d) says: … an offender should not be deprived of liberty, if less restrictive sanctions may be appropriate in the circumstances … Sub (

e) says: … 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. Mr. Danielson is not an Aboriginal offender. [ 16 ] Finally, s. 718.201 says: A court that imposes a sentence in respect of an offence that involved the abuse of an intimate partner shall consider the increased vulnerability of female persons who are victims, giving particular attention to the circumstances of Aboriginal female victims.

Discussion [ 17 ] In this particular case, I appreciate what Mr. Danielson has told the court as to his excuse for doing what he did. I am still not sure of the motivation. He had to have known that he was breaching his release order. He had to have known that, at four o'clock in the morning, it was more likely than not that he would run into his former intimate partner or her new husband when he entered her residence forcibly and illegally. He had to know that what he was doing was wrong. Simply put, his excuses are not satisfactory to the court. [ 18 ] Mr.

Danielson wants to reside in Dease Lake after serving his jail sentence. His friend, Mr. Rousseau, remains supportive and willing to employ Mr. Danielson as a mechanic and handyman in the Dease Lake community. Sentence Imposed [ 19 ] I believe an actual jail term is required for these offences. [ 20 ] Concerning Count Number 2, there will be a term of imprisonment of four months' jail consecutive to the time currently being served on File 35924-1. It will be followed by 18 months of probation.

I will get to the terms of the probation shortly. [ 21 ] In relation to Count Number 4, there will be a two-month period of incarceration. It will be concurrent to Count Number 2 and consecutive to the time currently being served on File 35924-1. [ 22 ] Concerning the 18 months of probation on Count 2, the conditions, Madam Clerk, will be as follows. One moment. [ 23 ] Mr. Danielson, I am going to read some numbers out. They are to assist Madam Clerk in finding the terms on her computer. [ 24 ] So you much comply -- 2001 -- you must comply with a probation order for a term of 18 months.

The conditions are, 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.

[ 25 ] 2002, you must have no contact or communication directly or indirectly with Caroline Genaille. [ 26 ] 2005-1, you must not go to or be within 100 metres of any place where Caroline Genaille lives, works, attends school, worships, or happens to be.

If you see her, you must leave her presence immediately without any words or gestures. [ 27 ] 2005-2, you must not go to or be found within 100 metres of [omitted for publication], Dease Lake, British Columbia. [ 28 ] 2104, you must report in person to a probation officer at the Terrace Community Corrections Office within two business days after your release from custody unless you have obtained, before your 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. [ 29 ] 2201, when first reporting to a probation officer, you must provide them with the address or location where you will be living and regularly sleeping and your telephone number if you have one. You must not change them without prior written permission from your probation officer. [ 30 ] 2209-1. For the first six months of your probation, you must obey a curfew of 9:00 p.m. to 7:00 a.m. daily and be inside the place where you live and regularly sleep between 9:00 p.m. to 7:00 a.m. daily. The exceptions are as follows: (

a) you have the prior written permission of your probation officer, such permission is to be given only for employment or other reasonable purposes; (

d) you are going directly to or returning directly from a healthcare facility because of a medical emergency; you must provide proof of your attendance at the healthcare facility if requested by your probation officer or a peace officer; (

f) you are on the lot of your residence, but within 10 metres of the front door. [ 31 ] 2209-2, you must present yourself immediately at the door to the place where you are living or answer the telephone when any peace officer or probation officer attends or calls to check on you during the curfew. [ 32 ] 2209-3, if you are given permission by your probation officer, you must carry it with you in paper or electronic format at all times when you are away from the place where you live and regularly sleep. [ 33 ] 2209-4, if you are outside the place where you are living during the curfew or house arrest hours and a peace officer requests to see the permission, you must show it to the officer. [ 34 ] Now, Mr.

Danielson, I am going to give you the benefit of the doubt here and not place you on electronic monitoring. Keep in mind I expect that the prosecution will be very quick to breach you and to ask a judge to put you back in custody if you breach any of the conditions of my probation order. [ 35 ] THE ACCUSED (via videoconference): Yes, Your Honour. [ 36 ] THE COURT: We know that your former intimate partner does not want contact with you. So, if you want to have dealings with your son or one of your children that lives at her residence, they have to come to you. You, under no circumstances, go to them.

Make sense? [ 37 ] THE ACCUSED: Yes, Your Honour. [ 38 ] THE COURT: All right. [ 39 ] THE ACCUSED: I'm sorry. I -- didn't mean to hurt her. [ 40 ] THE COURT: The last condition is going to be a counselling condition. I am going to make it general and I am doing that because I want to ensure that your probation has as much leeway as possible. So, 2501, you must attend, participate in, and complete any intake, assessment, counselling, or education program as directed by your probation officer.

I am going to leave it there. [ 41 ] I will tell you that, while neither your lawyer nor the prosecutor asked for it, I considered giving you a sizeable number of community work service hours to do as part of a restorative-justice sentence to bring something back to the community of Dease Lake. Still, I have elected not to do that because Mr. Davidson has convinced me you will have a lot on your plate when you get back to Dease Lake fixing up your residence. I suspect that is going to be a full-time job for you getting that place habitable again. [ 42 ] THE ACCUSED: Yeah. [ 43 ] THE COURT: All right.

Any questions about the probation order, sir? [ 44 ] THE ACCUSED: I'm just -- I'm getting an additional two months? [ 45 ] THE COURT: Four months. [ 46 ] THE ACCUSED: Four months. [ 47 ] THE COURT: An additional four months, but you will no doubt get a conditional release before the end of that as long as there are no problems while you are in custody, right? You know that? [ 48 ] THE ACCUSED: Yeah, so two months or so? [ 49 ] THE COURT: I will not do the calculation sitting up here, but you can talk to Mr. Davidson or the Corrections people, and they can assist you.

The key for you, sir, is I am giving you the ability to go back to Dease Lake -- [ 50 ] THE ACCUSED: Yeah.

[ 51 ] THE COURT: -- but the prosecutor has taken good notes, and no doubt will order a copy of this judgment if there are any violations of it, and any other judge -- [ 52 ] THE ACCUSED: No. [ 53 ] THE COURT: -- whether it is myself or another judge, gets you in their courtroom and you breach it by getting within 100 metres of your former intimate partner, I suspect -- [ 54 ] THE ACCUSED: Yeah. [ 55 ] THE COURT: -- you can expect to be right back where you are right now. [ 56 ] THE ACCUSED: No, Your Honour, I don't want to come back to jail.

I've been here long enough. [ 57 ] THE COURT: All right, thank you. [ 58 ] In relation to Count Number 4, there will be the secondary DNA order made. [ 59 ] The victim fine surcharge, you wish me to waive them in relation to both counts? [ 60 ] CNSL S. DAVIDSON: Yes, Your Honour. I would ask that you waive the victim fine surcharge on account that Mr. Danielson, while he hopefully will be employed, all his money is going to be tied up trying to make his residence liveable and he won't essentially have any spare cash to pay it. [ 61 ] THE COURT: All right.

I am going to waive the victim fine surcharge in relation to both counts, Madam Clerk. [ 62 ] Ms. Costain, did I miss anything from your perspective? [ 63 ] CNSL K. COSTAIN: No, Your Honour. Perhaps if I could just confirm just the spellings for Madam Clerk, and Genaille is G-e- n-a-i-l-l-e. [ 64 ] THE CLERK: Yes, Your Honour. [ 65 ] CNSL K. COSTAIN: Thank you. [ 66 ] THE COURT: Thank you. Mr. Davidson, anything from your perspective? [ 67 ] CNSL S. DAVIDSON: Nothing further from my perspective, Your Honour. [ 68 ] THE COURT: Thank you. [ 69 ] Mr.

Danielson, I mean this when I say this, I hope all the best for you, sir, and Mr. Davidson has done an excellent job representing you today. Had this gone to trial -- [ 70 ] THE ACCUSED: Yes. [ 71 ] THE COURT: -- and had you been convicted, quite frankly, you might have got significantly more jail time than what you got. So Mr. Danielson did a very good job -- [ 72 ] THE ACCUSED: No, Your Honour, I -- I -- [ 73 ] THE COURT: -- on your behalf. All right. [ 74 ] THE ACCUSED: -- thank you, Your Honour. [ 75 ] THE COURT: Thank you. [ 76 ] CNSL K.

COSTAIN: And, Your Honour, I should just deal with the outstanding counts. [ 77 ] THE COURT: Please. [ 78 ] CNSL K. COSTAIN: Directing a stay of proceedings to Count 1 and Count 3 on the information. [ 79 ] THE COURT: Thank you very much. (REASONS CONCLUDED)