R. v. Ferreira, 2018 BCPC 142

Citation: R. v. Ferreira 2018 BCPC 142 Date: 20180207 File Nos: 16019-2; 16019-3-C Registry: Powell River IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. ERIC DOUGLAS FERREIRA REASONS FOR SENTENCE OF THE HONOURABLE JUDGE N. ADAMS Counsel for the Crown: J.C. Blackman Counsel for the Defendant: R.B. Lindsay, Q.C. Place of Hearing: Powell River , B.C. Date of Hearing: February 7, 2018 Date of Sentence: February 7, 2018

THE CHARGE [ 1 ] Eric Douglas Ferreira plead guilty to the offence of discharging a .22 rifle by using a single projectile on Savary Island, an area set out in

Schedule 9, on February 3, 2017 contrary to s. 10(1)(

a) of the Closed Area Regulation, B.C. Regulation 76/84 enacted pursuant to the Wildlife Act , R.S.B.C. 1996 c. 488. [ 2 ] The case involved the fatal shooting on February 3, 2017 of a family dog named Maybe belonging to Darren Claydon and Hazel Hollingdale. While Maybe’s death was tragic, the tragedy was compounded by many different versions of her death circulated by Mr. Ferreira before and after her partial remains were found. [ 3 ] Mr. Ferreira entered his guilty plea on February 7, 2018. The sentencing hearing proceeded and sentence was pronounced that day.

These written reasons, issued on April 3, 2018, set out the circumstances of the offence for the benefit of the Savary Island community and replace the brief oral reasons provided when sentence was pronounced. CIRCUMSTANCES OF THE OFFENCE [ 4 ] The version of events detailed below were placed before the Court by the Crown and Mr. Ferreira as the facts upon which the sentence was pronounced. Overview of the Offence [ 5 ] Maybe went missing on February 3, 2017 while on an off-leash walk with Darren Claydon. [ 6 ] While looking for Maybe, Mr. Claydon encountered Mr. Ferreira carrying a rifle. Mr.

Ferreira said he had seen the dog a short time ago and pointed Mr. Claydon to the east. Unbeknownst to Mr. Claydon, Mr. Ferreira had just killed Maybe approximately one minute earlier and her body was still lying nearby in the woods. [ 7 ] Over the course of the next few days Mr. Ferreira told different versions of the event to the owners, their family and his neighbours. Believing the dog was still missing, the owners and the islanders searched for Maybe for the next ten days. [ 8 ] While the community searched, Mr.

Ferreira had already buried Maybe at one of his worksites. [ 9 ] Ten days after Maybe went missing her partial remains were found. Mr. Ferreira then made a partial confession to a neighbour who called the police. [ 10 ] Mr. Ferreira provided a detailed statement to the police on February 20, 2017 in which he admitted to shooting the dog. This statement was relied upon as the best evidence available to the Crown as to what unfolded immediately before and at the time of the shooting. [ 11 ] Many other versions of the events circulated within the community arising from Mr.

Ferreira’s initial efforts to minimize his responsibility or justify his actions. [ 12 ] In Court, Mr. Ferreira admitted that he made false statements to the owners and others on the Island about the disappearance of Maybe and that it was wrong to do so. He also admitted there were never any circumstances that justified shooting the dog. Details of the offence [ 13 ] Maybe was a three year old Australian shepherd owned by Mr. Claydon and Ms. Hollingdale. [ 14 ] On February 3, 2016 Mr. Claydon was walking Maybe off-leash near his home. The dog ran off into some bushes a short distance into the walk. Mr.

Claydon heard Maybe barking but she did not return when called. He ran onto the public path to the beach and then back up the hill to look for her. [ 15 ] It had been snowing that day. He found and followed Maybe’s fresh footsteps in the snow heading towards Duck Bay. As he ran in that direction he could hear the distinctive bark she made when excited. He ran towards that sound. [ 16 ] He then heard a sharp cracking sound that he later knew to be a gunshot, although he did not know that at the time. He headed towards Vancouver Boulevard. He saw Mr. Ferreira’s truck parked on one side of the road. Mr.

Ferreira was just coming out of the bushes with his .22 rifle. [ 17 ] Mr. Claydon had a bad feeling and asked: “Did you see my dog?” [ 18 ] Mr. Ferreira: “I saw it running down the road ten minutes earlier to the east.” This was a lie. Mr. Ferreira had just shot the dog one minute earlier. [ 19 ] Mr. Claydon went east and continued searching for the dog in the direction suggested by Mr. Ferreira. Ms. Hollingdale joined in the search as did neighbours using their own dog to assist. They all searched in the dark until midnight. Mr. Claydon kept returning to the area where he had seen Mr.

Ferreira. [ 20 ] Maybe rarely strayed far from home. Believing now he had heard a gunshot, he thought his dog may have disappeared as she was scared. He put out a kennel and food to try to lure the dog back that evening. Many in the community joined in an extensive search for the dog the next day. [ 21 ] A day or so later Mr. McLean, Mr. Claydon’s stepfather, called Mr. Ferreira to get some answers. He recorded the call.

[ 22 ] Mr. McLean asked: “Did you discharge your firearm?” [ 23 ] Mr. Ferreira: “No.” [ 24 ] Mr. McLean: “Did you have a gun?” [ 25 ] Mr. Ferreira: “No.” [ 26 ] Mr. McLean: “Then I must have the wrong person - Darren said you had a gun --” [ 27 ] Mr. Ferreira: “No - Darren was mistaken - I didn’t have a gun - I had a cell phone and the sound he heard was likely the sound of a branch breaking.” [ 28 ] Mr.

Ferreira then offered this: “I saw the dog run across the street, maybe she got impaled on a branch, does she chase deer?” He repeated that he did not have a gun with him and never discharged a firearm. [ 29 ] On February 5, Mr. Ferreira went to see Mr. Claydon and Ms. Hollingdale. He wanted to correct what he had told Mr. McLean. He told them that contrary to what he told Mr. McLean, yes, he did have a firearm and yes, he had fired it.

He said that he had run over a deer with his truck, the deer was screaming and he had shot the deer. [ 30 ] The owners were suspicious as during the search neither of them had seen an injured or shot deer in the area. Mr. Ferreira then showed them a small dead deer but it showed no signs of being run over. [ 31 ] The search for Maybe continued. It included searches inside and under many cabins and all accessible areas on the five to six mile long island. [ 32 ] On February 12 the snow melted. The thaw exposed blood on ground level foliage. Ms.

Hollingdale searched further and found blood and sinew under some bushes. She noticed Mr. Ferreira watching her from his truck as she discovered the partial remains of Maybe. Mr. Ferreira stopped briefly and spoke to the friend who was with her, Mr. Yaciansky, but said nothing further about the incident or the discovery. [ 33 ] Mr. Yaciansky received a call early in the morning on February 13. Mr. Ferreira apologized for the early call and said he “needed to come clean”. He then drove over to see Mr. Yaciansky and said: “I’ve done a bad thing. I have to be honest. I shot their dog in a fit of rage.” [ 34 ] Mr.

Ferreira told Mr. Yaciansky that he had been parked in a pull off in Duck Bay making cell phone calls. He had then driven east on Vancouver Boulevard with his window down. He saw a dog and a deer. He heard a noise, got out of his truck with his rifle to investigate and saw the dog biting at the stomach of the deer. The dog came towards him when called and looked at the gun he was holding. He shot the dog once in the head. [ 35 ] He said that he became mad when he saw the deer. He was so mad that he “saw black” and shot the dog. He said he did not even realize initially that he had shot the dog. [ 36 ] Mr.

Yaciansky reinforced with him the need to tell the truth and advised that forgiveness was possible. Mr. Ferreira said he wanted to apologize and felt very badly because of the search that had ensued. [ 37 ] The Crown noted that this statement to Mr. Yaciansky came after a ten day search and after the dog’s partial remains had been found. [ 38 ] On the basis of Mr. Ferreira’s statement to Mr. Yaciansky, RCMP were contacted. Police attended, advised him of his Charter rights and took his statement. [ 39 ] On February 20, 2017 Mr. Ferreira told the police he was at Duck Bay for 40 minutes.

He was sitting in his truck on his cell phone. He had a .22 rifle with him to control the rats on Savary Island. He heard the deer screaming in the bushes off a small trail. He went on the trail and saw the deer lying there and the dog pulling on its stomach. [ 40 ] The dog came towards him when he called her and “smiled like a cat bringing a mouse to its owner”. He said that the dog was not being aggressive, was not a threat to him and was no longer attacking the deer. He had never had a problem with Mr. Claydon or his dog before.

But he hated seeing a deer being chased, lost control of himself, and shot the dog. [ 41 ] He was returning to the truck with his gun when, within a minute, the owner came up. He hid the gun in the car and lied to the owner by saying the dog went east up the road ten to fifteen minutes earlier. Once the owner was out of sight and out of earshot, he returned to the trail and shot the deer three times to end its suffering. [ 42 ] He lied to Mr.

McLean on the telephone the next day when he told him he did not have or discharge a firearm. [ 43 ] While the island was still searching for the dog, he went back two days after shooting Maybe to recover her body and bury it at one of his job sites. He took the deer to his residence and buried it. He later dug it up to have his neighbours take photos. [ 44 ] He told the police that after he shot the dog he “freaked out” and never should have lied.

After seeing so many people wasting their time searching, he finally gave up and admitted what he had done. [ 45 ] The Crown again noted that this acknowledgement came only after the search had been completed and the dog’s partial remains were found.

[ 46 ] Maybe’s owners are skeptical of Mr. Ferreira’s final version of events because of the number of lies he told before it emerged. Mr. Claydon remembers that he was easily deceived by Mr. Ferreira that first day and that Mr. Ferreira did not appear to be terribly troubled by anything that had just happened. [ 47 ] The owners were frank when questioned by the police. While they did not think it likely that the events unfolded as Mr.

Ferreira described, they acknowledged that it was possible that their dog could have been chasing a deer even though it was not generally in her character. [ 48 ] The Crown submitted that it was not in a position to refute Mr. Ferreira’s final version of events. If his story about the deer was manufactured, it would be a very aggravating circumstance. However, the Crown is mindful that the standard required to prove that his version was manufactured would be proof beyond a reasonable doubt. [ 49 ] At the end of the day, the only available evidence is Mr. Ferreira’s version of how and why he shot the dog.

CIRCUMSTANCES OF THE OFFENDER [ 50 ] Mr. Ferreira is 52 years old. His family moved to Lund when he was two years old. He began working on Savary Island as a 13-year-old and bought his first lot there when he was 16. He has been an integral part of Island life since he was a teenager. [ 51 ] Since 1985 he has operated the propane business on the island. He started a land taxi service. He has been a volunteer with the Fire Department for years and acted as Chief for six of those. He is a volunteer Water Trustee and designed the septic system.

He operates a rental cabin on the island and uses it for charity fundraisers, including for the SPCA. He has no criminal record and has never been charged with any other offences or infractions. By all accounts, he has led a blameless life. [ 52 ] But for his statement to the police, which he gave willing, there would be little evidence to support the case. He also pled guilty to the offence. This official acceptance of responsibility is a mitigating factor on sentence. [ 53 ] He has owned firearms for years without any previous problems.

He advised that he had surrendered all his firearms to the police without complaint. In court, he said that despite the concerns expressed by Maybe’s owners, he bears no animus to them and they need not fear for their safety. [ 54 ] He takes responsibility for his actions - both the shooting of the dog and his deliberate lies afterwards which only compounded the problem. He accepts that his actions, and his alone, cost Maybe her life and that he is to blame for the sadness and disconnection troubling the community since this event.

CHARACTER LETTERS [ 55 ] Twenty-eight letters of reference were filed on behalf of Mr. Ferreira. Some of those were signed by more than one member of the same household. Many were from full-time Islanders who have known Mr. Ferreira for decades, some were from summer residents of Savary and some were from business associates on and off the Island.

They all speak to his good character and the reliable stewardship he has brought to Savary Island. [ 56 ] The writers advised that: he has a strong commitment to the Island; he is a good friend who can be relied upon in thick or thin; he is always ready to help out a neighbour in need; he displays good sense in dealing with daily situations on the Island; he has shown many acts of compassion and generosity over the years; the writers are appreciative of what he has done for the community and are concerned about the Court outcome for him. [ 57 ] While most of the letters state that Mr.

Ferreira regrets his actions, I note that many of the writers were misinformed about what those actions were or the facts of the case generally. [ 58 ] Without detracting from their general support of Mr. Ferreira, I will correct some of the common errors of fact found in the letters. Indeed, as it is in part the factual discrepancies that are plaguing the island, I feel it necessary to do so. [ 59 ] Maybe was not in the throes of attacking the deer when she was shot nor was rapid action required to try to save the life of the deer. The dog had left the deer and walked over to Mr. Ferreira when called. Mr.

Ferreira had no justification to shoot the dog. He shot the dog when he lost his head in a “fit of rage”. Maybe was not an aggressive and totally undisciplined pet. The dog had not been chasing deer all over the Island - she was on an off-leash walk with her owner who was only minutes behind. [ 60 ] I trust that Mr. Ferreira’s supporters will be able to accommodate the facts as set out in Court without losing their good opinion of him. [ 61 ] Mr. Ferreira’s all too human response after shooting Maybe was to panic, feel afraid for what he had done and then try to protect himself by lying.

Once he lied to Darren Claydon, it was hard to stop. His lies continued to adapt to meet the situation, were adopted by his supporters and circulated amongst the Island residents. [ 62 ] The factual errors circulated by Mr. Ferreira do not detract, in my view, from the portrait painted by his references of a man of previous good character who is deeply interested, invested and involved in the community of Savary Island. He has now expressed his regret for the entirety of his misconduct as it was described on the record in Court.

VICTIM AND COMMUNITY IMPACT STATEMENTS Community Impact [ 63 ] Sherryl Yaciansky presented the Community Impact Statement to the Court on behalf of the Savary island, which has approximately 50 full-time residents and 2,000 summer residents.

[ 64 ] The statement was a compilation of the contributions of 27 households and individuals who are resident on the Island. A number of issues were brought home to them by this incident and its investigation. [ 65 ] Islanders generally feel unsafe since this incident as it highlighted the lack of an RCMP presence on the island and the delay in police response when needed. It raised a concern about the safety of pets and children due to the violent and impulsive action displayed by the offender, coupled with his ability to own, transport and use firearms on the Island.

It demonstrated the need for consequences to ensure that Mr. Ferreira will no longer feel justified in taking the law into his own hands. [ 66 ] Islanders experienced a large emotional impact from this incident. Mr. Ferreira’s deceptions and “multiple concoctions” divided a once close-knit community. Islanders now feel a sense of distrust with each other compounded by feelings of loss of personal safety, security and freedom arising from the shooting itself. Many Islanders are angry when they contemplate that “one selfish, arrogant, entitled person” caused so much pain and confusion.

Many Islanders still feel a sense of loss from the unnecessary and untimely death of a much-loved and well-known family dog. Impact on the Victims [ 67 ] Darren Claydon, Hazel Hollingdale and Darren’s mother, Gloria McLean, all provided written impact statements that they read aloud in Court. It is an understatement to say that the loss of Maybe is huge and impacts every part of their lives. [ 68 ] Mr. Claydon and Ms.

Hollingdale both recall the sheer emotional exhaustion of those ten days of searching night and day, constantly driven by the desperate feeling that their dog was injured and alone outside in the elements. [ 69 ] They both vividly recall the agony of finding out that Mr. Ferreira had shot her and the additional pain of being alienated from the community by the lies he continued to tell for months afterwards about their dog and how she died. [ 70 ] Mr. Claydon drives a taxi on the Island and Maybe was his constant companion in his truck.

His enjoyment in this enterprise has been greatly diminished without his dog by his side. [ 71 ] Mr. Claydon has been distressed by what he considers taunts originating from Mr. Ferreira and what he sees as frequent unnecessary attendances by the offender near his house. He and Ms. Hollingdale are fearful of him and his interest in firearms. [ 72 ] Ms. Hollingdale is still haunted by thoughts of Maybe’s violent death and has experienced anxiety, depression and PTSD since the event. To avoid triggering these memories, she often does not leave the house.

Her inability to concentrate and her need for professional help to cope with the stress has impacted her ability to continue her post-graduate studies and earn an income. [ 73 ] Gloria McLean and her husband had made Savary Island their family gathering place for the last 18 years. Maybe was killed only a short distance from their home. That, combined with hearing Mr. Ferreira say that the police did not seize all his firearms, has made them rethink their families’ safety on the island. [ 74 ] Maybe was a constant in all of their lives.

The joys of walking, being outside and simply living in their Island homes have been lost with Maybe’s death and none of them know how or if they can get that joy back. CONCLUSION [ 75 ] Mr. Ferreira’s actions were unjustified, imprudent, careless, illegal and wrong. He lost control of himself. He discharged a firearm in a fit of rage without thinking. He took action against a dog where, in hindsight, he recognizes none was required. He then sowed dissent in the community by spreading false information about Maybe and what he had done.

He accepted responsibility for these actions and expressed his regret and remorse in Court. He wishes his neighbours to know that his actions were wrong, he deeply regrets them, they were out of character and they will never be repeated. [ 76 ] After considering the circumstances of the offence, the circumstances of the offender, the available provisions under the Offence Act and the fundamental purposes and principles of sentencing, both Crown counsel and Defence Counsel jointly submitted that the Court should suspend the passing of sentence and place Mr.

Ferreira on probation for two years. [ 77 ] In recommending this sentence, the Crown submitted that it had considered the facts of the case, the strength and weaknesses of the Crown’s case, Mr. Ferreira’s previously good character, his guilty plea in the face of what would have been a difficult prosecution, and the impact his actions have had on Maybe’s owners and the community of Savary Island as a whole. The jointly proposed sentence satisfied the principles of sentencing in this case and there was no reason to go behind it. [ 78 ] The passing of sentence was suspended. Mr.

Ferreira was placed on probation for a period of two years. While on probation he is ordered to report to a probation officer and avoid all contact with Darren Claydon, Hazel Hollingdale, Neil McLean and Gloria McLean. He is ordered to pay restitution in the amount of $2,000 to Darren Claydon and make a $2,000 contribution to the B.C. branch of the SPCA. For the duration of the probation order he is prohibited from possessing, storing or transporting firearms to or from Savary Island. [ 79 ] These sanctions on Mr.

Ferreira’s liberty, the restrictions on his ability to use, store or access firearms on the Island and the restitution order meet the sentencing principles of denunciation, general and specific deterrence, safety and protection of the public, acknowledgment of the harm done to the community, and reparations for that harm. [ 80 ] The Court was advised that Savary Island has suffered from ongoing disputes amongst its citizens about what actually happened on the day of the shooting and the weeks subsequent to that. Inconsistencies in the versions have led to disagreements and disconnection amongst its citizens.

The Island seeks “full disclosure of the complete set of facts and evidence regarding the killing of Maybe, as rumour, gossip and miscommunication are keeping the Island divided”.

[ 81 ] I have issued these reasons so that the residents of Savary Island will be advised of the set of facts put before the Court at sentencing, in the hope that this knowledge will benefit all of its members and strengthen the whole of the community. _______________________ The Honourable N. Adams Provincial Court Judge April 3, 2018