R. v. Testawitch, 2022 BCPC 39

Citation: R. v. Testawitch 2022 BCPC 39 Date: 20220223 File No: 37416-1 Registry: Fort St. John IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. PHILIP CLAYTON TESTAWITCH REASONS FOR SENTENCE OF THE HONOURABLE JUDGE D. PATTERSON Counsel for the Crown: D. Brennan appearing by videoconference Counsel for the Defendant: S. Thompson appearing by videoconference Place of Hearing: Williams Lake , B.C. Date of Hearing: February 23, 2022 Date of Judgment: February 23, 2022 [ 1 ] THE COURT: These are my reasons for sentence.

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 ] Philip Clayton Testawitch has pled guilty on Fort St. John Information 37416-1 to Count Number 1, which reads as follows: Philip Clayton TESTAWITCH, on or about the 29th day of January, 2022, at or near Fort St. John, in the Province of British Columbia, did knowingly utter or convey a threat to Moose FM Radio to damage the property of Moose FM Radio, contrary to

Section 264.1(1) (

b) of the Criminal Code . [ 3 ] This is not a joint submission on sentence. [ 4 ] Defence counsel has adopted and urged the court to impose, for lack of a better term, the low end of the prosecution’s suggested jail sentence of 90 days to 120 days' jail. Accordingly, the defence is seeking a jail term of 90 days, minus time spent in custody awaiting sentencing. The prosecution is seeking a jail term of 90 to 120 days, followed by a period of probation. The prosecution is also seeking a five-year Firearms and Weapons Prohibition pursuant to s. 110 of the Criminal Code . I should note, as well, that Mr.

Testawitch has been in custody for 26 actual days. Using the common formula of giving credit at a rate of 1.5 for each day he has spent in custody awaiting his sentencing, Ms. Thompson submits that I should credit Mr. Testawitch with having the equivalent of some 39 days' pre- sentencing incarceration. [ 5 ] As pointed out by Judge Malfair, in R. v.

Stevens , 2020 BCPC 104 , and as has been accepted by numerous judges at all levels of the courts here in British Columbia, including myself, given that we are in the midst of a COVID-19 pandemic, I must also consider what impact, if any, the COVID-19 pandemic has on the sentencing process for Mr. Testawitch. The Facts [ 6 ] On January 22, 2022, Mr. Testawitch, while impaired by alcohol, telephoned the Moose FM Radio station in Fort St.

John, British Columbia, and threatened that if Moose FM Radio did not do a better job of covering the “Freedom Convoy” that was on its way to Ottawa to protest truckers' displeasure with the COVID-19 vaccination requirements for crossing the international border with the United States, that he would blow up Moose FM Radio. In making the telephone call, Mr. Testawitch used a telephone that displayed for Moose FM Radio the telephone number from which the call originated.

Moose FM Radio had also recorded the threat and Moose FM Radio provided the police with a copy of the recording and the telephone number from which the call originated. [ 7 ] Given the nature of the threat, the police acted quickly to identify and locate the caller. Using the telephone number from which the caller had called Moose FM Radio, the police were able to identify a local motel as the place of origin for the threatening telephone call. Police went to the motel. Police played the recording for the clerk of the motel, who immediately recognized Mr. Testawitch's voice. The clerk directed police to Mr.

Testawitch's room, where police located and arrested a drunk, but cooperative, Mr. Testawitch. [ 8 ] Subsequent to his arrest, Mr. Testawitch told the police that he had been drinking alcohol all day long, and in fact, had drunk two 26ers. He could not remember making the telephone call to Moose FM Radio, although he did admit that it was his voice on the recording making the threat. Mr. Testawitch went on to tell the police that he really did not know anything about the truckers' convoy to Ottawa. Mr.

Testawitch summed up the whole incident quite nicely when he told the police he was "pretty wasted" when he made the bomb threat. [ 9 ] As part of a search incidental to arrest, the police went into Mr. Testawitch's motel room and searched the room utilizing a trained explosives detecting canine. The police did not locate anything of an explosive nature during the search. [ 10 ] The reality of the situation is that the incident involved a drunken man who got carried away because of the truckers' convoy and the media coverage it was receiving. In his drunken state, Mr.

Testawitch decided to make a threatening telephone call to a local radio station. The threat was not only criminal, but no doubt caused much concern and fear among the employees of Moose FM Radio. Discussion [ 11 ] As I indicated earlier, the prosecution has asked for a sentence of 90 to 120 days incarceration, probation and a s. 110 Criminal Code firearms and weapons prohibition. The prosecution has requested that the conditions of Mr. Testawitch’s probation order include: (

i) report to a probation officer; (ii) provide his address to the probation officer and reside at that address; (iii) to not have contact with any of the personnel of Moose FM Radio; (iv) to not go to Moose FM Radio; (

v) to receive counselling; and (vi) to not consume alcohol. [ 12 ] The defence has urged the court to impose 90 days jail, minus time served, which would require Mr. Testawitch to serve an additional 51 days in jail. The defence is not opposed to the making of a probation order. [ 13 ] Exhibit 1 in this sentencing is a Gladue Report concerning Mr. Testawitch that was prepared on May 10, 2019, in relation to a previous court matter.

Although somewhat dated and not as comprehensive as many of the Gladue Reports which this court receives, it nevertheless is 14 pages in length and it tells the story of a man who has had a life that unfortunately most Canadians will never come to understand or appreciate. [ 14 ] Mr. Testawitch is 31 years of age. He is an Indigenous man. He is a member of the Whitefish Lake First Nation and the Tahltan Band. As set out in the Gladue Report , Mr. Testawitch has had a life that most of us would not wish for our worst enemies -- never mind an individual who had no choice in how he was raised. Mr.

Testawitch has no doubt faced lifelong systemic discrimination and the consequences of the residential school travesty that so lately has been in the news, yet has always existed. [ 15 ] I want to talk a little bit about Mr. Testawitch's upbringing. His paternal grandmother, a Cree woman, raised both Mr. Testawitch and his sister. While exposed to various traditional teachings as a young person, including having the opportunity to hunt with uncles and attend numerous family and community events, Mr. Testawitch was nevertheless disconnected from his parents. [ 16 ] Ms.

Thompson told the court that his paternal grandmother was a nurturing and caring woman, and, in fact, perhaps spoiled Mr. Testawitch at times. His paternal grandmother apparently used her best efforts to keep the family connected.

[ 17 ] As a youngster, Mr. Testawitch was in Fort St. John, as were his parents, although he rarely saw or spent time with them. His mother was a heavy drinker and his father was an alcoholic addicted to heroin. His parents separated when he was seven years of age. He spent a lot of time with his uncles, who regularly physically disciplined him. [ 18 ] When he was 10 years of age, his father's health declined and his father moved in with the paternal grandmother, Mr. Testawitch and Mr. Testawitch’s sister. His father continued to abuse substances and ultimately died from liver failure when Mr.

Testawitch was 12 years of age. Soon after his father's death, Mr. Testawitch started to get into trouble and he began to use substances himself. When he was 15 years of age, his mother, who is from Fort St. John, went to live on the Telegraph Band Reserve and he saw even less of her after that. Since the age of 18, Mr. Testawitch has spent more time incarcerated than he has out in the free world. [ 19 ] Despite growing up with his sister, he now rarely gets an opportunity to talk to her. He has not spoken with her in years.

To the best of his knowledge, she resides in the Downtown Eastside area of Vancouver. [ 20 ] Mr. Testawitch’s addictions include not only alcohol, but also marihuana and crack cocaine. He has fought depression and, earlier in life, suicidal ideations, including a time in his early 20s when he tried to commit suicide by overdosing and slitting his wrists. He has spent time in psychiatric wards of hospitals and been prescribed numerous medications. [ 21 ] Like many other First Nations people who come before this court, Mr. Testawitch has genuine remorse for what he did.

What he does not have are the skills and the community support to get himself out of the vicious circle that has become his life. He does not feel connected to the Whitefish Lake First Nation. He does not feel connected to the Tahltan Band. He has completed residential substance abuse programs in the past and yet he is unable, for no doubt a multitude of reasons, to find his way free of alcohol and other substances. [ 22 ]

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. [ 23 ]

Section 718.1 of the Criminal Code stays that: A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. [ 24 ] Then in s. 718.2 of the Criminal Code , we are told: 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, and, without limiting the generality of the foregoing, (

i) evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or gender identity or expression, or on any other similar factor, (ii) 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, (ii.1) evidence that the offender, in committing the offence, abused a person under the age of eighteen years, (iii) evidence that the offender, in committing the offence, abused a position of trust or authority in relation to the victim, (iii.1) evidence that the offence had a significant impact on the victim, considering their age and other personal circumstances, including their health and financial situation, (iii.2) evidence that the offence was committed against a person who, in the performance of their duties and functions, was providing health services, including personal care services, (iv) evidence that the offence was committed for the benefit of, at the direction of or in association with a criminal organization, (

v) evidence that the offence was a terrorism offence, (vi) evidence that the offence was committed while the offender was subject to a conditional sentence order made under

section 742.1 or released on parole, statutory release or unescorted temporary absence under the Corrections and Conditional Release Act … (vii) evidence that the commission of the offence had the effect of impeding another person from obtaining health services, including personal care services

shall be deemed to be aggravating circumstances; (

b) a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances; (

c) where consecutive sentences are imposed, the combined sentence should not be unduly long or harsh; (

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 reasonable in the circumstances and consistent with the harm done tovictims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginaloffenders. [25] In 1996, amendments to the Criminal Code were made which resulted in a recognition of the role of restorative justice insentencing. In particular, the new s. 718.2(

e) provided that: … all available sanctions, other than imprisonment, that are reasonable in the circumstances … should be considered for all offenders,with particular attention to the circumstances of Aboriginal offenders. [26] The decision of the Supreme Court of Canada in R. v. Gladue, (SCC), [1999] 1 S.C.R. 688, confirmed that s.718.2(

e) did not represent a mere tinkering with the sentencing framework, but rather was a fundamental shift in the sentencingparadigm. Furthermore, the court's decision in Gladue teaches that for the purposes of s. 718.2(

e) anyone with Aboriginal ancestryshould be considered an Aboriginal offender whether or not they had been impacted by systemic discrimination. The court also noted atparagraph 91 that:

Section 718.2(

e) applies to all aboriginal offenders wherever they reside, whether on- or off-reserve, in a large city or a rural area. [27] We are taught at paragraph 27 of Gladue that the

interpretation of s. 718.2(

e) must begin by considering the words in context. Although the appeal in Gladue was ultimately concerned only with the meaning of the phrase "with particular attention to thecircumstances of Aboriginal offenders," the court noted that the phrase takes on meaning from the other words of s. 718.2(

e) from thepurposes and principles of sentencing set out at s. 718, 718.1, and 718.2 and from the overall scheme of

Part XXIII of the CriminalCode. In paragraph 33 of Gladue, the court concluded that: … s. 718.2(

e) is more than simply a re-affirmation of existing sentencing principles.

The remedial component of the provision consistsnot only in the fact that it codifies a principle of sentencing, but, far more importantly, in its direction to sentencing judges to undertakethe process of sentencing aboriginal offenders differently, in order to endeavour to achieve a truly fit and proper sentence in the particularcase. [28] In the latter half of paragraph 37, the court instructed sentencing judges such as myself that they: … should pay particular attention to the circumstances of aboriginal offenders because those circumstances are unique, and differentfrom those of non-aboriginal offenders.

The fact that the reference to aboriginal offenders is contained in s. 718.2(e), in particular,dealing with restraint in the use of imprisonment, suggests that there is something different about aboriginal offenders which mayspecifically make imprisonment a less appropriate or less useful sanction. [29] The court also made it clear in paragraphs 58 to 64 of Gladue that the purpose of s. 718.2(

e) was to reduce the overincarcerationof Aboriginal offenders in Canadian jails. Midway through paragraph 71, the court noted that: In general terms, restorative justice may be described as an approach to remedying crime in which it is understood that all things areinterrelated and that crime disrupts the harmony which existed prior to its occurrence, or at least which it is felt should exist. Theappropriateness of a particular sanction is largely determined by the needs of the victims, and the community, as well as the offender.

The focus is on the human beings closely affected by the crime. [30] Continuing at paragraph 72 and 73, the court said: 72 The existing overemphasis on incarceration in Canada may be partly due to the perception that a restorative approach is a morelenient approach to crime and that imprisonment constitutes the ultimate punishment. Yet in our view a sentence focussed on restorativejustice is not necessarily a “lighter” punishment.

Some proponents of restorative justice argue that when it is combined withprobationary conditions it may in some circumstances impose a greater burden on the offender than a custodial sentence. … 73 In describing in general terms some of the basic tenets of traditional aboriginal sentencing approaches, we do not wish to implythat all aboriginal offenders, victims, and communities share an identical understanding of appropriate sentences for particular offencesand offenders. Aboriginal communities stretch from coast to coast and from the border with the United States to the far north.

Theircustoms and traditions and their concept of sentencing vary widely. What is important to recognize is that, for many if not mostaboriginal offenders, the current concepts of sentencing are inappropriate because they have frequently not responded to the needs,experiences, and perspectives of aboriginal people or aboriginal communities. [31] Some 13 years later in R. v. Ipeelee, 2012 SCC 13, Justice LeBel confirmed that the law requires that a sentencing judge engagein a different process for arriving at a fit sentence where the offender is Indigenous, but not necessarily impose a different sentence.

Atparagraph 71, Justice LeBel noted that in Gladue the Supreme Court of Canada: … rejected Ms. Gladue’s argument that s. 718.2(

e) was an affirmative action provision or, as the Crown described it, an invitation toengage in “reverse discrimination” … [32] Accordingly, s. 718.2(

e) of the Criminal Code does not require an automatic reduction of a sentence or warrant a period of

incarceration simply because the offender is Aboriginal. Rather, as set out at paragraph 60 of I peelee , courts must take judicial notice of such matters as the history of colonialism, displacement, and residential schools and how that history continues to translate into lower educational attainment, lower incomes, higher unemployment, higher rates of substance abuse and suicide, and of course, higher levels of incarceration for Aboriginal Peoples. These matters on their own do not necessarily justify a different sentence for Indigenous offenders.

Rather, they provide the necessary context for understanding and evaluating the case-specific information related to the person being sentenced. [ 33 ] One might ask: Why is the judge giving all this information out during the course of Mr. Testawitch's sentencing? The reason is simple. As a judge who sits in Northern British Columbia, I view the overrepresentation of Indigenous people in our prisons as outrageous.

On page 61 of the 2017-2018 Annual Report of the Office of Correctional Investigator published by the Government of Canada Research and Statistical Division, it states that: In the ten-year period between March 2009 and March 2018, the Indigenous inmate population increased by 42.8% compared to a less than 1% overall growth during the same period. As of March 31, 2018, Indigenous inmates represented 28% of the total federal in- custody population while comprising just 4.3% of the Canadian population. The situation continues to worsen for Indigenous women.

Over the last ten years, the number of Indigenous federally sentenced women increased by 60%, growing from 168 in March 2009 to 270 in March 2018. At the end of the reporting period, 40% of incarcerated women in Canada were of Indigenous ancestry. These numbers are distressing. [ 34 ] Since June 29, 2018, as published by the Government of Canada, Department of Justice, the incarceration rates for both Indigenous and non-Indigenous men have changed. For non-Indigenous offenders, it has gone down. For Indigenous male offenders, it has increased.

To adopt the terminology of Ivan Zinger, J.D., Ph.D., Correctional Investigator, in the 2017-2018 Annual Report of the Office of Correctional Investigator , it is very distressing. [ 35 ] The Adult and youth correctional statistics in Canada, 2018/2019 report authored by Jamil Malakieh and published by Statistics Canada on December 20, 2020, page 5, also confirms that 31 percent of admissions to provincial or territorial custodial institutions are Indigenous persons, either First Nations, Métis, or Inuit: In 2018/2019, Indigenous adults accounted for 31% of admissions to provincial/territorial custody and 29% of admissions to federal custody, while representing approximately 4.5% of the Canadian adult population.

These proportions were virtually unchanged from the previous year. Unsettling when one considers that it has been over 22 years since the Supreme Court of Canada’s teachings in Gladue that we need to specifically address the problem. Decision as to Sentence [ 36 ] Mr. Testawitch, in sentencing you today, that I am considering you as an individual, as a human being who is a First Nation’s man, and I am doing so in the context of the totality of your life including the information that not only Ms. Thompson told me, but also that is contained within the Gladue Report .

It is also why I am not going to be imposing the jail terms that have been urged upon me by your lawyer or Mr. Brennan. [ 37 ] At the time of this offence, you were on two probation orders. 1. A one-year period of probation that does not end until October of 2022 in relation to the offences for which you pled guilty on October 6, 2021: (

i) a theft under $5,000 conviction; (ii) a wilfully resisting or obstructing a peace officer conviction; (iii) a possessing a weapon for a dangerous purpose conviction; (iv) an uttering threats to cause death or bodily harm; (

v) a breach of a probation order; and (vi) another theft under $5,000. 2. A one-year period of probation that does not end until December of 2022 in relation to the assault conviction for which you pled guilty on December 10, 2021. So, in fact, you are on probation until December 10 of 2022 in relation to that matter. So, in fact, you are on probation until December 10 of 2022 in relation to the assault conviction. [ 38 ] When I consider everything that Mr. Brennan on behalf of the B.C. Prosecution Service has told me, when I consider everything that Ms.

Thompson as your counsel told me, when I consider your life, the individual that you are, I do not see the need for further jail time for you in relation to this incident. [ 39 ] The sentence that I am imposing is designed specifically by me for you. It takes into consideration the fear you imposed on the staff and personnel of Moose FM Radio in Fort St.

John, as well as other individuals such as the family members of people who work at Moose FM Radio. [ 40 ] The sentence takes into consideration the reality of why it is you made that telephone call and the fact that there was no intention to carry out a bombing of Moose FM; that you were caught up in your drunken state in the, for lack of a better term, community spirit of the trucker convoy to Ottawa which, as pointed out by Ms. Thompson, included a local convoy that went the 75 kilometer distance of Fort St. John to Dawson Creek. Finally, the sentence that I am imposing is about justice.

Justice for you, justice for the citizens of Fort St. John, and a recognition of the realities of your life. [ 41 ] So, Madam Clerk, the jail term that I am imposing in this particular case is as follows: 1. the term of imprisonment I would have imposed before granting any credit is 39 days. 2. The actual time spent in custody is 26 days.

3. I am granting you credit at a rate of 1.5. The total credit I am granting is 39 days. 4. The sentence, therefore, imposed is 39 days' jail plus eight months' probation. [ 42 ] The reason I am imposing only eight months of probation is I want 2023 to be a year that Mr. Testawitch can start without being bound by any court orders.

I am giving him the opportunity to do the things that he has told not only me, but other judges and the author of the Gladue Report , that he wants to do with his life, which is discover who he is as a human being, acknowledge that he needs ongoing support, participate in a residential substance abuse treatment program, secure housing, and hopefully get more education.

Whether it is a culinary program or something else, so that he can become a contributing member of society, reconnect with his First Nations background, and perhaps become in the future an elder that people go to, to look for wise advice, as opposed to being a thorn in the side of the Fort St. John community. [ 43 ] So eight months' period of probation. The terms of the probation will be as follows. 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 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. 2101-- Mr. Testawitch, is he in custody in Fort St. John or in Prince George? [ 44 ] CNSL S. THOMPSON: He is in Prince George, Your Honour. [ 45 ] THE COURT: All right. 2103: You must report by telephone to a probation officer at the Fort St. John Community Corrections Office by 3:00 p.m., tomorrow, February 24, 2022.

If the office is closed, you must continue calling daily during regular business hours until you have spoken to a probation officer and received further direction to report. After that, you must report as directed by your probation officer, including in-person reporting if your probation officer requires you to report personally. [ 46 ] 2202, slightly modified, Madam Clerk: When first reporting to your probation officer, you must provide them with the address where you live and your telephone number.

You must not change your address or telephone number without your probation officer's permission in writing at least two days prior to any change. If you are homeless, you must provide your probation officer with a general description of where you are spending your evenings while sleeping. Do you understand that, Mr. Testawitch? [ 47 ] THE ACCUSED: Yes. Yes, Your Honour. [ 48 ] THE COURT: All right. [ 49 ] The next condition will be 2002: You must have no contact or communication directly or indirectly with any employee of Moose FM Radio in Fort St John, British Columbia.

The exception is as follows: under the direction of your probation officer, you will prepare a letter of apology to Moose FM Radio and provide the letter of apology to Moose FM Radio by no later than April 30, 2022. [ 50 ] 2005-1: You must not go to or be within three metres of Moose FM Radio. [ 51 ] Ms. Thompson, I am putting three metres because that will allow him to be across the street, but he physically cannot approach the building or enter it. [ 52 ] CNSL S.

THOMPSON: That absolutely works, Your Honour. [ 53 ] THE COURT: I have heard what the prosecutor has asked for by way of alcohol and drug banishment, for lack of a better term. The reality of the matter is Mr. Testawitch either gets the help he has sought in the past again or he is going to find himself back in conflict with the law. So I am not going to be imposing an alcohol or drug prohibition in this particular case. [ 54 ] The prosecution has asked me to impose a s. 110 Criminal Code firearms and weapons prohibition.

I completely understand why they think that would be appropriate in the circumstances given the nature of the threat. Looking at your criminal history, Mr. Testawitch, you have committed a number of different offences which have resulted in convictions for crimes of violence or for threats. In particular, just last year on the 6th of October, 2021, as I mentioned earlier, you pled guilty to uttering threats to cause death or bodily harm. [ 55 ] I apologize for the delay, but I am just reviewing your 16-page criminal history.

Pursuant to s. 110 of the Criminal Code , you are prohibited from possessing any firearm, crossbow, restricted or prohibited weapon, prohibited device, ammunition, or explosive substance for one year from today's date. [ 56 ] THE COURT: All right. Do you have any questions for me, Mr. Testawitch, about any of those conditions? All right. I am not waiving the requirement that a justice of the peace read the probation order to Mr. Testawitch, and I am requiring that Mr. Testawitch sign the probation order. [ 57 ] THE CLERK: Thank you, Your Honour. [ 58 ] THE COURT: Thank you, and Mr.

Brennan has already stayed Count Number 2, Madam Clerk. [ 59 ] THE CLERK: Thank you, Your Honour. [ 60 ] THE COURT: Is there anything else, Mr. Brennan, from your perspective? [ 61 ] CNSL D. BRENNAN: Just the DNA under 487.051, it is a secondary offence. Given the record, I think it is appropriate.

[ 62 ] THE COURT: Ms. Thompson? [ 63 ] CNSL S. THOMPSON: Yes, with regard to that, we spoke of it earlier and there was no ability to carry through this threat, and additionally, Mr. Testawitch's DNA has been taken in the past. [ 64 ] THE COURT: All right. Count Number 1 on Fort St. John Information 37416-1 is a secondary designated offence. After considering the factors set out in s. 487.051(3) of the Criminal Code , I am satisfied that it is in the best interests of the administration of justice to authorize the taking of samples of bodily substances from you. Accordingly, you must attend to the Fort St.

John RCMP station in Fort St. John, British Columbia, by no later than April 30, 2022, and submit to the taking of the DNA samples. This order is valid until executed. [ 65 ] In relation to the victim fine surcharge, I am in agreement with Ms. Thompson that this is not an appropriate case for the victim fine surcharge. So, accordingly, given your current financial situation as well as the fact that you have been in custody for the last 26 days, I am waiving the requirement that you pay the victim fine surcharge. [ 66 ] Thank you very much. (REASONS FOR SENTENCE CONCLUDED)