R. v. Bowser Date:, 2014 BCPC 178

Citation: R. v. Bowser Date: 20140505 2014 BCPC 0178 File No: 36941-2-C Registry: Prince George IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. JOEL MILTON CLARK JOHN ROBERT HAWKINS JOSHUA BOWSER REASONS FOR SENTENCE (Re Accused Bowser) OF THE HONOURABLE REGIONAL ADMINISTRATIVE JUDGE M. J. BRECKNELL Counsel for the Crown: C. Malfair Counsel for the Defendant: J. LeBlond Place of Hearing: Prince George , B.C.

Date of Hearing: May 5, 2014 Date of Judgment: May 5, 2014 [ 1 ] THE COURT: This is on File Number 36941-2-C and the sentencing decision as it pertains to Joshua Bowser. Mr. Bowser is one of three co-accused on that information, the other two being Joel Milton Clark, who has not yet been sentenced, and John Robert Hawkins, who was sentenced sometime ago by me to approximately eight years in prison for his participation in the events before the court. [ 2 ] Mr.

Bowser has pled guilty to Counts 1 and 4 on the information, Count 1 being an allegation of break and enter a dwelling house and committing an indictable offence therein on December 10, 2012, and Count Number 4 being a charge of assault with a weapon on one Gilbert Poole. [ 3 ] Mr. Bowser has an unusual set of circumstances for somebody who has come before the court for what is, by any measure, a very serious set of allegations. He is 35 years old and, with the exception of the incidents I am about to relate, he has no criminal record.

He has, however, had several years of struggle with drug and alcohol addiction. [ 4 ] The events of December the 10th can be summarized as follows: [ 5 ] Prior to December the 10th, Mr. Bowser obtained some casual labouring work, working for a gentleman who lives near Chief Lake Road here in the City of Prince George. That person is Mr. R. A. Mr. A. is a 51-year-old quadriplegic First Nations man. He is confined to his bed and completely dependent on caregivers and his family for everything that goes on around him.

He chose to live outside of the city near the Chief Lake Road area because his respiratory system makes him particularly sensitive to pollution. [ 6 ] Mr. Bowser did some work for Mr. A. and came to know Mr. A.'s circumstances. He knew that, due to Mr. A.'s physical challenges, that much of Mr. A.'s life centred around what went on in his house, including such things as maintaining his banking records, his credit cards, his medication, et cetera, close at hand in the residence. It was stored in a fanny pack in the residence. In fact, when Mr. Bowser was to be paid by Mr.

A. for the work he did provide, apparently the money came out of that fanny pack. So Mr. Bowser was well aware of Mr. A.'s physical situation and that he relied on caregivers. [ 7 ] Mr. Bowser, at that time, was suffering from at least a drug addiction and perhaps an alcohol addiction as well. In order to meet his needs concerning his drug addiction, he had fallen into what is often described as the drug lifestyle or criminal lifestyle. He was using both powdered and crack cocaine. He was addicted to those substances. In order to provide for that addiction, he had to obtain those substances.

He did so in part by working for the very criminals who were supplying him with his drugs, by acting in various capacities from time to time, such as a doorman at a crack house. He had tumbled deeply into the abyss of addiction. [ 8 ] The people who he obtained his drugs from came to the conclusion, either rightly or wrongly, that he owed them a large sum of money. They demanded that he repay that money. That was one of the things he intended to do with the legitimate income he was earning from Mr.

A. [ 9 ] His drug suppliers said that if he did not repay the money that they claimed he owed in a timely fashion, there would be violence visited upon him and perhaps members of his family. He took those threats seriously, particularly as they pertained to his sister, because at that point in time she, too, was at least consuming illegal drugs and was known to these drug dealers. [ 10 ] Somewhere around December the 10th, Mr. Bowser went back to his drug supplier with the cash he had earned from Mr. A. and indicated to the drug supplier he wanted to pay back some of the debt.

In the conversation that ensued, that person, who is alleged to be one Mr. Richet, came to the conclusion that there might be more money available at Mr. A.'s residence, given his circumstances. Mr. Richet concluded that one way to get Mr. Bowser's alleged debt paid off more quickly would be to get a bunch of money from Mr. A. [ 11 ] So according to what the Crown and Defence have told me, and the Crown can prove no more than this, Mr. Bowser was told by his drug dealer that he would be going along in a vehicle with two other unsavoury characters, who had each just gotten out of prison recently, back to Mr.

A.'s place, where they would go and collect this fanny pack and there would be, hopefully, lots of money in there. [ 12 ] They went there under cover of darkness at 10:15 p.m. on December the 10th. There were three of them: Mr. Bowser, who was wearing a mask; Mr. Hawkins, who was wearing a bandana; and Mr. Clark, who was not disguised at all. Now, whether or not Mr. Bowser had noted it earlier, Mr. A.'s house was under fairly intense video surveillance that Mr. A. had had installed. So, as I was able to observe when I dealt with Mr.

Hawkins, you see the three people coming to the front door, you can identify as much as you can of a person who is masked, you can see them clearly, there are no issues about that. You can see them trying to break into the residence, eventually gaining entry. [ 13 ] When they get into the residence, Mr. Bowser is the one who is in possession of the weapon, namely some bear spray. In order to make the matter go as quickly as possible, Mr. Bowser bear sprays first one and then the second of two of Mr. A.'s caregivers. When he is bear spraying the second person, that person was attempting to cover up or protect Mr.

A., and according to the Crown's information, and again the Crown can prove no more than this, Mr. A. received some of the bear spray into his face, although the Crown was quite firm in its submissions that it did not have the evidence to support any contention that Mr. Bowser was purposely trying to spray Mr. A., the quadriplegic man, in the bedroom. [ 14 ] Once the spraying was done, the fanny pack was grabbed, and off the perpetrators went to try to collect some cash by using various cards that they found in the fanny pack belonging to Mr. A. [ 15 ] Mr.

A. and his two caregivers were left behind at the scene, suffering the consequences of bear spray. Of course, the caregivers

were capable of at least tending to themselves enough to get water onto their face from a sink or a tap. It is unknown how long Mr. A., who has no use of his arms, lay with this bear spray on and near his face, both damaging his vision, not on a permanent basis but causing his eyes to well up -- [ 16 ] MS. MALFAIR: Sorry, one moment, Your Honour, he did have glasses. [ 17 ] THE COURT: Yes, I am going to get to that, Ms. Malfair. [ 18 ] MS.

MALFAIR: Thank you. [ 19 ] THE COURT: Somewhat protected by the fact that he was wearing glasses, but the stench of the spray gets into one's eyes and can cause them to well up. But probably more importantly, from Mr. A.'s perspective, was of course he was breathing in this rather noxious material in circumstances where he had this medical condition involving his respiration. [ 20 ] Now, aside from knowing that Mr. A. was a quadriplegic, I have no evidence to suggest that Mr. Bowser knew anything about his respiratory illness or problems. [ 21 ] That is the circumstances of the events. After the incident, Mr.

Bowser, as I said, collected some money. Eventually things were dealt with concerning Mr. Richet. Some people were arrested very quickly, being Mr. Hawkins and Mr. Clark. Mr. Bowser left the province and was out of the province until the police were able to identify or at least have a good sense as to who he was and a warrant was issued. He returned to Prince George soon after and was eventually arrested on a different matter, but the Crown is satisfied that he at least returned to Prince George with the intention of turning himself in to the police. [ 22 ] Once arrested, Mr.

Bowser was extremely cooperative with the police. I have not had the opportunity to view the statement he gave to the police, but I am told by counsel that he was very frank and open with the police about how he got himself into the mess that he now faces here in court. He was being told by the drug dealer that there was a large debt that he owed, and that he was going to have to come up with the money very quickly. [ 23 ] The circumstances surrounding his work for Mr.

A., when it became known to his drug dealer, caused the drug dealer to come up with this scheme which, although could not at law be said to be duress against Mr. Bowser, was enough to seriously encourage him to participate for fear of harm to himself and his family members. [ 24 ] Mr.

Bowser expressed remorse and regret in his statement to the police, something which was reiterated by his counsel here today and something which he said himself to the court just prior to sentencing. [ 25 ] By all reports from his family members, which are included in two letters submitted to the court, one signed by his sister and one signed by his mother, Mr. Bowser is and has been a good, upstanding member of the community. He has not got himself into any trouble in the past. He has been a person who has participated fully in trying to assist family members. He is held in high regard by those family members.

He takes time to assist younger family members. He has worked regularly. He has excelled in sports. He has been, according to his mother, and I cannot say I disagree with her, a hero by saving an entire family of people who were out snowmobiling some years ago, in 2006, and their machine went through the ice, and he saved a number of people on that occasion. [ 26 ] So he has had a good life in that regard. He has also had a terrible tragedy. His sister was killed after being struck on the Trans Canada Highway by a semi-trailer, a truck and trailer, near Chase in 2007. That had a devastating effect on Mr. Bowser.

He became severely depressed. His family members, in their letters, even go so far as to suggest he may have been suffering or still does suffer from Post-Traumatic Stress Disorder. [ 27 ] As a result of that tragedy, he first started to assist himself with self-medication using alcohol. When that proved not to be sufficient, he then turned to the use of cocaine.

His use of cocaine, both in crack and powdered form, got him to the stage where he was then, as I mentioned earlier, fully engaged in the drug culture lifestyle which then, in turn, led him to commit the offences that we have been talking about today. [ 28 ] That is not to say that one can draw a direct line between the very tragic death of his sister and the fact that Mr. Bowser goes out and commits a very serious criminal offence, but the fact that such a traumatic event in his life has not been, by the reports set out by his family, properly addressed by Mr. Bowser.

For that, I do not hold him at fault; lots of people who suffer trauma and grief feel that it is unnecessary for them to reach out to get assistance from others or feel ashamed about having to ask to do so. [ 29 ] So I have set out the circumstances of the offence, I have set out the fact that Mr. Bowser does not have a criminal history, and I have set out his personal circumstances. Now I must address the law in determining what is an appropriate sentence for Mr. Bowser. [ 30 ]

Section 718 of the Criminal Code says as follows: 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; (

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. [ 31 ] Now, I would say, right off the bat, that it is not necessary for the court to equally apply all of those six principles. Some cases call out for greater denunciation and deterrence. Some cases call out for greater periods of time when people should be separated from society. Some cases require more consideration to be given to rehabilitation and to reparations. [ 32 ] This is, by the very nature of Mr.

Bowser's circumstances and the very nature of this offence, one of those types of sentencings where almost all six of the factors have to be given quite strong consideration. I have to denounce the unlawful conduct. When this incident was first reported in the local media, I can still recall the angry outbursts from people about how a group of people could burst into a quadriplegic gentleman's home and cause him the physical harm of being pepper sprayed, not to mention the indignity of being robbed.

That kind of behaviour in a community that already has, in many respects, the unwanted and undeserved reputation as being a crime-ridden community, causes a great number of our citizens to be very concerned. [ 33 ] I have to try to deter Mr. Bowser and others from committing this offence. There is nothing more I have to do to deter Mr. Bowser, he is deterred already. The fact he has already been in prison for a period of time deters him.

The fact that he has not participated in this kind of criminal behaviour before clearly indicates to me that he is not the person who needs to be deterred, but I do need to deter others who think they can burst into people's houses when they are at home and cause them financial loss or physical harm. That is why the courts have, as a short-handed method for many years, described such behaviours as a home invasion. [ 34 ] I have to separate people from society where necessary and, yes, despite the fact that Mr. Bowser has no criminal history, he does need to be separated from society for a period of time.

The big question to be answered is for how long. [ 35 ] I also, however, have to keep as a high priority in this case that Mr. Bowser needs assistance in being rehabilitated, not because he is a bad person, but because we have to keep him on the right track, unlike his co-accused, Mr.

Hawkins, who I dealt with some time ago, who was a criminal who participated in crime his entire life and had committed many serious offences, including the death of another citizen. [ 36 ] I also have to provide for reparations for harms done to the victims and to the community, and that can be done in many ways, including some of the terms of probation that counsel have suggested to me. [ 37 ] I also have to keep in mind some other provisions in the Criminal Code . 718.1 requires as follows: A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. [ 38 ] Well, clearly here, this offence was very grave.

The breaking and entering of somebody's residence and the physical harm brought upon them is something that society has, for over a thousand years in English law, thought to be considered to be very grave. [ 39 ] I have to keep in mind that Mr. Bowser was a full participant. Now, his lawyer says, somewhat unwillingly, and I accept that, but he was and has a high degree of responsibility. [ 40 ] I quizzed counsel, particularly the Crown, about whether or not there is an aggravating factor here of Mr.

Bowser committing an offence that abused a position of trust, and although an employer has a trust relationship with an employee, I am unable to conclude that the provisions of s. 718.2(a)(iii) apply here. This is not a trust relationship such as, for example, if Mr. Bowser had been Mr.

A.'s employer or something like that. [ 41 ] I also have to apply s. 718.2(b), which requires me to impose: . . . a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances; [ 42 ] Well, the difficulty with that in this case is that there are similar offences, although no two offences are ever the same, there are similar offenders, although no two offenders come before the court with similar circumstances or histories, and there are similar circumstances, but Mr. Bowser's circumstances are different than Mr.

Hawkins' were, despite the fact they were both at the same scene of the crime. [ 43 ] So in looking at s. 718.2(b), the court is also reminded by what our Court of Appeal and the Supreme Court of Canada says over and over again, that sometimes escapes the average member of the public's understanding, and it is not because the average member of the public does not want to know, but sometimes they are not told, that each and every sentencing is an individualized process. The court must consider the law, the circumstances, and then apply those two factors to arrive at an appropriate sentence.

[ 44 ] Now, in this case, Crown and defence have proposed a joint submission. Our Court of Appeal has had lots to say about joint submissions over the years. R. v. Furey , 2007 BCCA 395 , reminds the court that where counsel have made a joint submission resulting from a plea bargain, sentencing judges are required to view those submissions with considerable deference. [ 45 ] R. v.

Olson , 2011 BCCA 8 , says that: While the sentencing judge is not required to inform the offender that he or she proposes to depart from the joint submission it is preferable for the judge to articulate his or her concerns and provide counsel with an opportunity to make further submissions and provide additional material where available to address those concerns. [ 46 ] I do not think it could be said that today I have not made it clear to the Crown and the defence my concerns in this matter. [ 47 ] R. v.

Pretty , 2005 BCCA 52 , reminds me that a sentencing judge is not bound by a joint recommendation from counsel as to the appropriate sentence. [ 48 ] Now, the Crown and defence suggest a sentence of three years' custody, plus credit for time served, followed by two to three years of probation. There was a time when judges and lawyers would argue strongly that a home invasion case required a range of sentence of at least five to up to 10 years.

But as the Court of Appeal has reminded trial judges off and on from time to time, a range is simply a short-hand way of getting to the starting point of the analysis, and that the court must consider all of the circumstances. [ 49 ] Counsel have provided me with two very appropriate cases, the first being R. v. Bernier , a decision of our Court of Appeal found at 2003 BCCA 134 , and the other being R. v. Brown , an Ontario case found at 2013 ONSC 3321 . The first of those cases deals with the issue of the range of sentence.

The second of those cases provides an example of circumstances where the offenders, particularly one of them, had a much more serious history than does Mr. Bowser, and the other of the co-accused in Brown had circumstances somewhat similar to Mr. Bowser. Both were first offenders involved in something that turned out to be quite serious by way of a home invasion. [ 50 ] In arriving at the three-year proposed sentence, the Crown asks the court to consider particularly the following concerning Mr.

Bowser: that he is a first-time offender; that he has pled guilty and was cooperative with the police; he voluntarily returned to the province to face the charges; he comes from a supportive family; he has expressed genuine remorse; he participated in this criminal behaviour because he was fearful of serious reprisals from the criminals he was dealing with; he has a history of gainful employment; and that although this was, by any definition, a home invasion, it is not as serious as many. There were some serious consequences to Mr.

A., so far as being sprayed in the face with bear spray, but it was a short duration, the occupants were not terrorized for a lengthy period of time, as one often sees in these types of events. [ 51 ] Now, there are aggravating factors I also have to consider, and the Crown has very helpfully set those out in their submissions as well. Mr. Bowser knew there were going to be people in the house; that is an aggravating factor. He was masked, he came armed, he deployed the pepper spray, and was reckless as to whether or not Mr. A. might be affected.

Having said that, he did plead guilty to assault with a weapon on Mr. P., who was the person he intended to spray, and by virtue of the fact that he was a casual employee of Mr. A.'s, he knew that there was some money or potential money to be had. [ 52 ] Stand up, Mr. Bowser. Mr. Bowser, I have considered the circumstances of this offence. I have considered your circumstances. I have considered the fact you have no criminal record.

I have paid close attention to the very able submissions of both counsel, although I will be the first to say that I challenged them on many of the points they wanted to raise because, having had the opportunity to read the material before I came into court this morning, I had a potential view as to what I thought the appropriate sentence should be.

That is why I challenged them on that, because somebody is going to say, and I have no doubt they will and they have the right to their opinion, but the sentence I am about to impose is lenient or light, but I do not see it that way at the end of the day, sir. [ 53 ] I have been satisfied by the very able submissions of counsel and by reviewing the two cases they have provided to me, and my knowledge of the case law in general, and your circumstances, that in this case an appropriate sentence of imprisonment would be the three years suggested by the lawyers, followed by probation. [ 54 ] Now, sir, Madam Clerk, three years in prison would be 1,095 days.

Mr. Bowser has served 371 days. Because he gets credit for 1.5 days for each in custody, he gets credit for 557 days, leaving him 538 days yet to serve, sir. [ 55 ] The probation will be for three years.

That is the longest probationary period I can give you, and I do it in part so that you can be reminded for a long period of time about these events, but also in part because I think you need some assistance, and it may take that long for you to get the assistance. [ 56 ] So the terms of your probation, sir, will be as follows once you are released: [ 57 ] You shall keep the peace and be of good behaviour. [ 58 ] You shall appear before the court when required to do so by the court. [ 59 ] You shall notify the court or the probation officer in advance of any change of name or address, and promptly notify the court or the probation officer of any change of employment or occupation. [ 60 ] 102P, Madam Clerk: Within 48 hours after completing your jail sentence, you shall report in person to the probation office located at 101, 250 George Street, Prince George, British Columbia, and after that you shall report as and when directed by the probation officer.

[ 61 ] 103P: After your first reporting to the probation officer, further reporting may include reporting by telephone, at the discretion of the probation officer. [ 62 ] 107P: You shall reside at a residence approved in advance by the probation officer, and you shall not change your residence at any time without first obtaining the written consent of the probation officer. [ 63 ] Now, I pause there, counsel. You might wonder why I am doing that. I want to make sure that Mr.

Bowser does not end up residing in a place where he may be tempted, by virtue of street traffic, to get back engaged in any sort of drug-related activities. [ 64 ] 111P, Madam Clerk: You shall obey a curfew by being inside of your residence, or on the lot on which your residence is located, between the hours of 11:00 p.m. and 6:00 a.m. each day, except as follows: (

a) with the written consent of the probation officer, obtained in advance. Such consent is to be given only for compelling personal, family, or employment reasons; (

b) when travelling directly to or returning directly from your place of employment, or while in the course of your employment. You shall provide the probation officer with written proof of employment; (

c) when travelling directly to or returning directly from an educational institution at which you are enrolled, or while in the course of classes or extracurricular activities approved of by the probation officer at such educational institution. You shall provide the probation officer with written proof of your educational enrollment, your attendance at classes, and your involvement in extracurricular activities; and (

d) in the event of a medical emergency, and then only when travelling directly to or returning directly from a hospital emergency ward. [ 65 ] 114P, Madam Clerk: You shall present yourself at the door of your residence when any peace officer or probation officer attends there for the purpose of determining your compliance with the curfew conditions of this order. [ 66 ] 115P, Madam Clerk: You shall respond personally and immediately to the telephone when a peace officer or probation officer makes a telephone call to your residence for the purpose of determining your compliance with the curfew conditions of this order. [ 67 ] 116P: You shall have no contact or communication, directly or indirectly, with the following people: Ron Richet, Doris Neidermayer, John Hawkins, Joel Clark, R.

A., H. I., or G. P., except that you may have contact with R. A., H. I., and G. P. as directed by your probation officer. I am going to come to the reason for that in a minute, sir. [ 68 ] 121: You shall not attend at or be within 10 metres of any place which you know to be the residence, school, or workplace of R. A., H. I., or G. P. [ 69 ] 123: You shall not possess or consume any alcohol or any controlled substance within the meaning of s. 2 of the Controlled Drugs and Substances Act , except as prescribed for you by a physician. [ 70 ] Actually, Madam Clerk, I am going to back up for a second.

In Number 121 about not attending, the one exception will be except as directed by your probation officer. [ 71 ] Then back to 124: You shall not enter any liquor store, beer and wine store, bar, pub, lounge, or other business premises from which minors are excluded by the terms of their liquor licence. [ 72 ] 131: You shall not possess any weapon as defined in s. 2 of the Criminal Code . [ 73 ] 142P, Madam Clerk: You shall attend, participate in, and successfully complete any assessment, counselling, or program as directed by the probation officer.

Without limiting the general nature of this condition, such assessment, counselling, or program may include and relate to alcohol or drug abuse, psychiatric and psychological health, and you shall comply with all the rules and regulations of any such assessment, counselling, or program. [ 74 ] Now, sir, I would pause there to point out, in addition to anything else that the probation officer may direct you to, I would urge you to do two things: (1) consult with a doctor and see whether or not there is sufficient indicia to satisfy the doctor that you are suffering from some sort of depressive or other mental illness that might require either counselling or drug therapy; (2) when you are released from jail, you might want to swing by the Prince George Hospice Society's facilities.

They have a wide range of programs for people to assist them in dealing with the death of loved ones, even after many years. They may be able to provide you with tools and skills that might assist you. [ 75 ] Number 145P, Madam Clerk: You shall apologize to R. A., H. I., and G. P. in the manner you are directed to by the probation officer, no later than December 31, 2015. [ 76 ] 146P, Madam Clerk: Subject to the wishes of R. A., H. I., and G.

P., you shall participate in a victim/offender reconciliation program under the supervision and direction of the probation officer. [ 77 ] 147P, Madam Clerk: Under the direction and supervision of the probation officer, you shall successfully complete 50 hours of community work, which shall be performed at a rate of no fewer than five hours per month and, subparagraph (c), Madam Clerk, it may be completed for the benefit of R. A., with the advance consent of R. A. and the advance consent of the probation officer. So if Mr.

A. has it in his heart some day when you get out of prison, sir, to have you back to do some work around his property, that might be some work you can do by way of community work service. Then subparagraph (d), Madam Clerk: Any hours spent receiving counselling under this order will be credited towards your community work service hours.

[ 78 ] 148: You shall pay restitution in the sum of $800 to the clerk of the court for the benefit of R. A. Such restitution is to be made in full no later than December 31, 2016. [ 79 ] Now 149, Madam Clerk: You must carry a copy of the probation order with you at all times when you are in public. If you are stopped by a peace officer for any reason, you shall immediately provide the peace officer with a copy of this document without being requested to do so. [ 80 ] Ms. Malfair, are there any other terms of the probation order that the Crown is seeking? [ 81 ] MS.

MALFAIR: No, thank you, Your Honour. [ 82 ] THE COURT: Anything else you think might assist your client, Mr. LeBlond? [ 83 ] MR. LEBLOND: No, Your Honour. [ 84 ] THE COURT: Very well. In addition, sir, the offences which you have pled guilty to in this information require two additional orders. [ 85 ] First of all, a DNA order, because it is a primary designated DNA offence.

So Madam Clerk, number 161: Pursuant to s. 487.051 of the Criminal Code , I make an order in Form 5.03, authorizing the taking of the number of samples of bodily substances, by any peace officer for the Province of British Columbia, that is reasonably required for the purpose of forensic DNA analysis and registration in the DNA National Data Bank from Joshua Bowser, by June 30, 2014. [ 86 ] In addition to that, sir, the offence that you have pled guilty to is also a mandatory firearms prohibition offence.

Number 164, Madam Clerk: You are prohibited from possessing any firearm, other than a prohibited firearm or restricted firearm, and any crossbow, restricted weapon, ammunition, and explosive substance for a period of 10 years, and (

b) any prohibited firearm, restricted firearm, prohibited weapon, prohibited device, and prohibited ammunition for the rest of your life. [ 87 ] Anything further, Mr. LeBlond? [ 88 ] MR. LEBLOND: Nothing further, thank you. [ 89 ] THE COURT: I think we need some stays, do we not, Ms. Malfair? [ 90 ] MS. MALFAIR: Yes, Your Honour, Count -- vis-à-vis Mr. Bowser only, please, Madam Clerk, stays of Counts 2, 3, and 5 through 8 inclusive.