R. v .D.R.W.H. Date:, 2016 BCPC 27

Citation: R. v .D.R.W.H. Date: 20160201 2016 BCPC 0027 File No: 39507-1 Registry: Prince George IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. D.R.W.H. REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE D.H. WEATHERLY BAN ON PUBLICATION 486.4(1) CCC; 486.4(2) CCC; 486.4(3) CCC Counsel for the Crown: A.Schroff Counsel for the Defendant: E.K. Jones Place of Hearing: Prince George , B.C. Date of Hearing: June 5, 8, 25; July 7; August 12; October 8, 9; and November 12, 26, 30, 2015

Date of Judgment: February 1, 2016 [ 1 ] D.R.W.H. is charged on Information number 39507 as amended that: Count 1: he, between the 1 st of July, 2010 and 25 th of September, 2013, at or near [omitted for publication], in the Province of British Columbia, did sexually assault B.M.R.H. contrary to

section 271 of the Criminal Code . Count 2: he, between the 1 st day of July, 2010 and the 25 th of September 2013, at or near [omitted for publication], in the Province of British Columbia, did, for a sexual purpose, touch, directly or indirectly, with a part of his body or with an object, the body of B.M.R.H., a person under the age of 16 years, contrary to

Section 151 of the Criminal Code . Count 3: he, between the 1 st day of July, 2010 and the 25 th day of September, 2013 at or near [omitted for publication], Province of British Columbia, did commit incest with B.M.R.H., contrary to Section 155(2) of the Criminal Code . [ 2 ] An additional charge alleging an offence contrary to

section 153 of the Code was stayed by the Crown at the commencement of the trial. [ 3 ] As this is a criminal proceeding, Mr. H. is presumed to be innocent and the burden is on the Crown to prove beyond a reasonable doubt that he is guilty of these charges. Mr.

H. is also entitled to the right to remain silent, if he wished, but he choose to give evidence himself, and he also called one additional witness in his defence. [ 4 ] The essential elements of these offences with respect to: jurisdiction, dates and identification, that the complainant was under 16 years of age at all material times, and that she is the biological daughter of the Accused and he knew that she was, have all been proven beyond a reasonable doubt, and are not in issue. [ 5 ] The issue is has the Crown established beyond a reasonable doubt that the acts of sexual abuse complained of occurred.

SUMMARY OF THE EVIDENCE The Case for the Crown [ 6 ] The Crown called a total of 6 witnesses: B.H., A.H.-B., W.H., Katherine Simpson, Joanne Barclay, and D.D. The evidence of B.H. [ 7 ] B. said that she was 15 years old and that she was born on [omitted for publication]. She said that she was a Grade 10 student at [omitted for publication] Secondary School and that she had been going to that school since Grade 8. In cross-examination, she said that she went to [omitted for publication] School in Grade 6 and [omitted for publication] Elementary School in Grade 7.

She said that she never skipped or missed a grade and she said that she cannot read well or fast, and that sometimes the words “jumble together”. [ 8 ] She said that her biological father is D.H., who she referred to as “D.” and she pointed him out to the Court. She said that her biological mother is A.H.-B.

She said that she has an older brother named C., who is 18 years old, and a sister named C.O., who had a different dad than her. [ 9 ] B. said that she lived with her Mom up until Grade 5, but she moved because her mother’s husband at the time was not a nice person and she did not like him. [ 10 ] She said that she moved from her Mom’s to her grandma P.H.’s home. She said that her grandma is D.’s mother. She said that her Dad, D., was also living at the residence, as well as P.’s husband B.

She said that the residence was located at the top of the hill, just leaving the community of [omitted for publication]. [ 11 ] B. said that she lived at her grandmother’s home until the summer before Grade 7, but that she had to move out after an incident in which her grandmother struck her in the face, after which “welfare” said that she could not live there anymore. [ 12 ] She said that a week or so after being hit in the face by her grandmother that her and her father, D., moved to a residence at the end of [omitted for publication] Road in [omitted for publication] B.C., hereinafter referred to as “the residence”.

In cross-examination she said that she lived at her grandmother’s home for about a month or so before moving in with her father. She said that she lived in the residence for 3 years - from the summer before she started Grade 7, until a month or so after the start of Grade 9 in September 2013 when she was 14 years old. [ 13 ] B. said that just she and D. lived at the residence; although she said that at one point, her mother and her brother, C., came and stayed for a month or 2.

She said that her mother also came to pick her up once and her grandma came to pick her up a couple of times and that her grandma would wait in the car and that she would run out to the car. B. said that her aunt L. came to visit a couple of times but that she would only stay 10 to 20 minutes. [ 14 ] B. said that she had a couple of friends, M.S. and J.C., that came over once or twice, at different times, but it was not often as they were not usually allowed in the residence.

In cross-examination she added that J. did not like to come to her residence because of all the fleas in the residence. [ 15 ] B. said that the residence had a total of 3 bedrooms, 2 of which were on the main floor, and a third which she referred to as a loft which was 3 stairs up from the main floor and was the bedroom her father used. She said that there was also a bathroom, a living room and a kitchen on the main floor. She said the residence had a basement in which there was a wood stove.

[ 16 ] She said that the outside of the residence looked “pretty beat up” like it was abandoned. She said that it had tarpaper on it and the shingles were coming off of the roof and the stairs were broken. [ 17 ] She said that the inside of the residence smelled terrible. She said the residence was always dirty and that there was stuff everywhere. She said that there were dishes in the sink and at times, dog poop on the floor. She said that her father bread rats and mice in the basement to feed his pet snakes and that the rats and mice would get out and run around.

In cross-examination, she said the rats were kept in plastic boxes with metal over the tops. [ 18 ] She identified a number of photos and what was depicted in the photos and confirmed that the photos, which were taken by Social Worker Simpson on September 25, 2013, the day she was removed from the residence by ministry workers, accurately depicted how the inside of the residence looked on that day. [ 19 ] She said that there was just one bathroom and that the sink in it did not work as it was not attached.

She said that the door to the bathroom did not stay shut properly and that she would slide a milk crate with books in it to keep the door shut. She said that it had a small bathtub with a shower and it was really dirty. She said that they did not have running water, but rather a water pump that could be turned on that would pump in water from a tank that they had to pay to have filled with water. She said that there was often excrement accumulating in the toilet as D. did not want to have to pay for the water required for regular flushing.

She said that her Dad would turn the water on once a week and by then the toilet would almost be full to the top with excrement. She said that sometimes she would wash the dishes in the bathtub after taking a shower, as she was not allowed to waste water. [ 20 ] In the photo of the bathroom she identified burn marks on the side of a wall in the bathroom as being the result of her father throwing a lit cigarette into the garbage can. She also identified her razor and peroxide on the bathroom sink. [ 21 ] She said that the kitchen was really dirty and that the floor by the pantry was rotten.

She identified pictures of the dirty dishes at the sink and the pantry where garbage was kept. In the photo of the fridge she identified the contents and said that usually there were more mouldy things in it. She identified a vacuum cleaner with 2 wheels broken off and she said that her Dad broke the wheels off of it when he was mad. She said that he was often mad, mostly at her, and this made her scared. [ 22 ] She identified the photo of her room and said she had part of a bed frame and a mattress on the floor that the dog had ripped and chewed.

She said that she usually slept on some quilt blankets on the floor in her bedroom, but that she also slept on the couch in the living room for a while. She said that the carpet in her room was dirty, it smelled and that it had fleas in it. She said that there were clothes everywhere. She said that there was a big hole in the floor of her closet that went through to the basement.

She said that she had a door into her bedroom. [ 23 ] She said that the other bedroom was the one that her brother used on the occasion when he and her mother came to stay there. [ 24 ] She said that her Dad’s room had no door, but sometimes he would hang a blanket over the door way. She said that his room was pretty dirty with an old carpet and clothes on the floor. She said that he had a bed and dresser in it as well as a fish tank and a couple of snakes.

She said that there were crickets everywhere in his room as well as newspaper with snake urine on it. [ 25 ] She said that in the residence they had a dog and a cat, which were hers. She said that there was also: rats, mice, snakes, lizards, crickets and fish. She said that the snakes were mainly in D.’s room, but there was also one in the living room and one in her room. [ 26 ] She said that the closest people lived were about 20 meters from their residence and that M.S. lived 2 homes away and J.C. lived 3 homes away. She said that J. lived with her mother L. and her step-dad and her brother.

B. said that she could see [omitted for publication] Elementary School from her porch. [ 27 ] B. said that there was often not very much food in the residence and that she did not have enough food to eat and she was hungry “mostly every day”. She said that she would not eat very often to try and preserve the food because they did not have very much. She said that she usually only ate one meal a day, which was dinner, and that sometimes her Dad was there for dinner. She said that she usually only ate $3.00 pizzas and cheese sticks and sometimes granola bars.

In cross-examination she said that she never made a lunch, but sometimes when she attended [omitted for publication] Elementary she would come home to the residence for lunch. [ 28 ] She said that her father bought the groceries for the residence, but it was not very often, maybe once every 2 weeks. She said that once in a while they had no toilet paper, shampoo or conditioner, sometimes for up to 4 to 5 days. [ 29 ] She said that she had nothing to wash clothes with and that she and her clothes usually smelled. She said that she would go to her friend J.’s house to use their washing machine, or to borrow pads.

She said that she had no money of her own. [ 30 ] She said that when they first moved to the residence in the summer before she started Grade 7, that there was no inappropriate physical contact between her and D. However, she said that shortly before school started he started touching her buttocks when he hugged her by placing his 2 bottom fingers on her buttocks. She said that he would also hug her from behind and that his upper arms would touch her breasts. [ 31 ] She said that the hugs would usually last for 1 or 2 minutes and that he would hug her when she was going off to school or he was leaving.

She said that this happened 4 or 5 times and after that she would not let him hug her, but that she would sort of go around him and pat his back. [ 32 ] She said that her Dad subsequently convinced her to have oral sex with him and he convinced her to have sexual intercourse with him a couple of times. She also said that he raped her. [ 33 ] With respect to the oral sex, she said that she did not recall exactly when it was. She then said it was in the middle of summer when she was in Grade 8. She said it happened after she had been living there a couple of months, and then said that it was a couple of

months after her Mom had been living there and that her mother had only lived there the one time. [ 34 ] In cross-examination, she initially said that she could not remember when it occurred, and then said it occurred a month or 2 after her Mom and brother left. She did not think it occurred when she was in school. [ 35 ] B. said that at the time she was not feeling good and did not really want to give him oral sex.

She said that she had smoked some marijuana with her friends right after school and she came home kind of high. [ 36 ] She said her and her Dad were on the love seat watching a movie and her Dad said something to the effect that he wanted oral sex and she ignored him. She said that the sides of their legs were touching as the love seat was broken and it sagged in the middle. She said that he was saying that he wanted oral sex and she was the only other person there and he was implying that he wanted her to give him oral sex.

She said that she ignored him and he said’ “are you going to give me oral sex?” She said that she thought she muttered a snide remark, the gist of which was good luck with that. [ 37 ] She said that at first she did not think he was serious, but when she looked at his face and saw that he was not laughing or smiling, she knew he was serious. She said that after a few minutes he asked a second time if she was going to “suck his dick” and she said to him, “no what are you talking about”. She said that he responded “You did it before, don’t you remember?” She said that she did not remember doing it before.

She said that he kept saying that it was ok and that he loved her and he asked her if she loved him. She said that he said either that he would buy her smokes or he asked her if she needed smokes. [ 38 ] She said that they went to the store and he bought things for her such as movies, chocolate bars, smokes and pop. She said that they came to the residence from the store and they were watching another movie and she gave him oral sex, which she described as putting her mouth on his penis. She said this was about 20 minutes after he had first brought up the subject.

She said that she could not remember how it started, but, that he was kind of lying down on the couch not moving, and she was in between his legs, also sitting on the couch. She said that it lasted for, “probably like a half hour or so”. [ 39 ] She said that afterwards, they finished watching the movie and then went to their respective beds. She said that the next morning he bought her cigarettes and was being really nice to her. She said that they never talked about this incident. [ 40 ] In cross-examination she said that it lasted for half an hour to 45 minutes and that she did not know if he ejaculated.

She also said that although her father had said that she had performed oral sex on him on an earlier occasion, that she could only remember the one incident of oral sex. [ 41 ] She said that on another occasion he convinced her to have sex with him, because there was no food in the residence. She could not recall the date that this happened. She was pretty sure it was when she was in Grade 8 and thought it was in the middle of the school year, but said later in her evidence that the incidents of sexual intercourse and rape started “like 2 - 3 months after” they moved into the residence.

She said that it started happening weekly, but after Grade 8 in the summer before Grade 9, it was daily. [ 42 ] She said on one occasion she asked him if he was going to go shopping and he said that he would go shopping after she had sex with him on the couch.

She said that she sat on the couch where he was already seated and he began rubbing her leg, and he said to her that the store was going to be closed soon so they had better hurry up and have sex and then they could go grocery shopping. [ 43 ] She said that she was sitting on the couch with her feet folded under her and that he grabbed her feet and pulled them out and then he took off her shorts and underwear. She said that he took off his own blue jeans and underwear and he put his penis in her vagina and that he was on top moving back and forth and that she just laid there.

She said that it lasted for “about 20 minutes to half an hour” and that he then “just pulled out”. She said that she did not know if he ejaculated. [ 44 ] She said that he got dressed and grabbed his keys and asked her if she wanted to go to the grocery store and that she told him not really. She said that he asked her if she was ok and she said yeah and he said “I love you”. She said that she told him that she loved him too.

She said that he left and that he was gone for 2 hours. [ 45 ] In cross-examination she was unsure of how this incident began and she said that she thought it lasted a half an hour. [ 46 ] She said that after having sex with him she was crying and feeling depressed and she said she went to bed. She said that she did not want to be in the residence so she went to the school.

She said that after when he returned, she cooked spaghetti dinner and that he told her that sex was for people you love and that they loved one another. [ 47 ] B. described another occasion when she said her father convinced her to have sex with him. She said this incident of sexual intercourse occurred a day or 2 after the first incident of intercourse. [ 48 ] She said that she was feeding one of the snakes and he walked up behind her and grabbed her “butt”.

She said that she said nothing to him, but she walked to the living room and sat on the couch, and when he came and sat beside her, she got up and went to her bedroom. She said he asked her why she was running away from him and she told him that she did not want to be around him. [ 49 ] She said that he then made dinner and after dinner he asked her to have sex with him and that she did not know what would happen if she said no, so she let him have sex with her. She said that she was sitting on her bed and he put his hand on her chest so that she was then lying down.

She said that she was wearing a nightie and underwear and that he ripped her underwear off by tearing them down the side. She said that he was wearing a T-shirt and boxers and he took off the boxers. [ 50 ] She said that his penis was in her vagina and she said that she was squirming and trying to move because he was hurting her, but that he was on top of her and she could not move far. She said that she said ouch a couple of times and that he was trying to get her to be quiet. She said that it probably lasted 20 minutes to half an hour and then he stood up and looked at her, got dressed and left the residence.

She said he left his boxers on the floor and she picked them up and put them in the laundry.

[ 51 ] She said that after he left she went to her friend J.’s house and watched a movie with her. She said that her father returned to their residence later after it got dark and he phoned J.’s mom, L., and told L. to send her to the residence. She said that when she got to the residence her father told her that there were some smokes on the table and chocolate bars in the fridge and he then went to bed. [ 52 ] She said that on another occasion she was on the couch wrapped in a blanket and he put his fingers in her vagina.

She said that she was glaring at him and he said, “What?” She said that she asked him not to do that and he responded that she smoked weed and that he shared his weed with her and he loved her, but she would not have sex with him. [ 53 ] She described another occasion when she had been in his room feeding his lizards and he came in and grabbed her by the hand and sat her down on his bed and asked her if she wanted to have sex and she said no, and that her vagina still hurt from the last time. She said that he started taking his pants off and she knew that it was coming so she took her clothes off.

She said that after it was over she started to cry as her vagina hurt and he told her not to cry and to have a shower. She said that she went to the shower and while in the shower he came into the bathroom and sat on the toilet and read a book. [ 54 ] She said after her shower she went to her room and he came and asked her if she was going to come to the living room and she said no, that she was going to go to sleep.

She said that when she awoke the next morning he was gone and that he left a note telling her to clean the residence and that there was pizza in the freezer. [ 55 ] B. also described occasions where she said that the accused raped her. She defined rape to mean him forcing himself on her when she was telling him not to. [ 56 ] She said the first incident of rape occurred a week or so after the last incident. She said that she was sleeping in her bedroom and that she awoke to find him pulling her on top of him and that he had no pants or underwear on.

She said that she was “freaking out” and he told her over and over that sex is for people that love each other. [ 57 ] She said that 3 days to a week later, she was laying and half sitting on her bed leaning against the wall colouring. She said that she was just wearing a night gown. She said that her bed was on the floor. [ 58 ] She said that he came into her room and he had boxers and a shirt on and that he took his boxers off. She said that she told him to get out of the room.

She said that she swore at him and that he got mad. [ 59 ] She said that he pulled her by the ankle half way off the bed, so that the back of her legs and her buttocks were still touching. She said that he put his arms against the bed and he stuck his penis into her vagina and raped her. She said that she was “kicking and stuff” trying to get out from under him, but that he had her pinned against the bed and she could not move her arms.

She said that when he was done he took his penis out of her vagina, grabbed his boxers and went into the living room. [ 60 ] She said that she knew ejaculate to mean “Sperm comes out of his penis”. She said that she did not know if he ejaculated and added that she never had sexual relations with anyone before, so she did not know what it would look like. [ 61 ] She said that afterwards she was feeling depressed and was in a lot of pain as her vagina hurt and that it was “burning”. She said that it stopped burning the next morning when she was half way to school.

She said that they never talked about this incident. [ 62 ] B. described another incident of rape, which she said occurred after she came home drunk. [ 63 ] She said that she could not recall when it occurred, but she had been drinking vodka and tequila with M.S. and a couple of other friends in M.’s garage and she came home drunk at about 2:00 AM. She said that she staggered to the couch and fell asleep on the couch and that she woke up about an hour or 2 later and her father had put his penis in her vagina and was having sex with her.

She said that she was noxious from alcohol and very angry that she could not fall asleep in her own residence without getting “sexually harassed”. She said that she was yelling and swearing at him and that she kicked him and knocked some things over. She said that he got mad and said “Why the fuck did you kick me off the couch”? She said that she went in her room and locked the door and went to sleep.

She said that she saw her father the next afternoon and neither of them said anything about what had happened. [ 64 ] After being allowed to refresh her memory, B. said she recalled coming to the residence from her mother’s home and being upset and crying, but she could not remember why she was crying. She did not say when this incident occurred. [ 65 ] She said that she remembered lying in her Dad’s bed and that he was rubbing her stomach as he lay beside her.

She said that after he rubbed her stomach with his hand for 2 - 3 minutes, he took her pants and underwear off and his own pants off, and put his penis in her vagina. She said that she was lying diagonally across the bed and that he was on top of her, moving up and down having sex with her. She thought it lasted half an hour. [ 66 ] B. described another occasion, which she described as a “fight” between them. [ 67 ] She said that she was on the couch in the living room wrapped in a blanket watching a movie. She said that he picked up the blanket and pulled it over top of him too.

She said that he pulled her underwear aside and he began to touch and tickle her vagina under her clothes. She said that she got up and was mad and told him to fuck off. She said that when she was not looking at him, he kicked the back of the couch and it hit her leg causing her to fall. She said that she hit her head on the fish tank and that her knees hit the head of the nails sticking out of the floor. She said that she was on the floor crying and that her Dad left the residence and drove off. [ 68 ] She said that her forehead was hurting and her knees were bleeding.

She said that she had no medical wipes, so she went to her friend L.’s house and got her mother J. to clean up her knees. She said that she told J. that she fell on the stairs and bashed her head. She said that she did not want to tell J. the truth, because she thought that J. would do something extreme and call welfare and that she would get taken away and have no place to live. [ 69 ] She said that L. fixed up her knees and she was pretty sure that she spent the night there. She said that in the morning she went

to the residence to get clothes before she went to school and her father had already gone to work. She said that after school she went right to L.’s home and did not go to the residence until 9 - 10 PM. [ 70 ] Initially she said that the next day when she talked to her Dad, nothing was said about her hurting her head and knees. After being allowed to refresh her memory, B. said that she had been at L.’s and that he then asked her what she told L. about her bleeding knees.

She said that when she told her Dad that she told L. that she fell on the stairs, he said good and he said that if she ever told anyone what had happened that he would punch her in the face. She said that this made her feel scared and that she wanted to leave. [ 71 ] B. said that as a result of the fall she had a bruise on her forehead. She said that it was kind of hard to walk for about 2 weeks until the scabs on her knees went away.

She said that as a result of falling on to the heads of the nails, she has 2 round white marks or scars on each knee, which she showed the Court and also identified in photographs which have been marked as an exhibit. [ 72 ] B. said that it was “probably like” 5 or 6 times that he convinced her to have sex with her before she was raped for the first time. She was unsure of the time period from the first act of consensual sex to the last act of consensual sex.

She said that in the beginning, consensual sex or rape occurred weekly, but at the end of her Grade 8 year and the part of her Grade 9 year when she was living with him, it occurred daily. She said that he would quite often reach around her underwear and try and touch her vagina. She said that she told him to leave her alone a couple of times and that she would get real mad and leave. She said that he would get mad at her and try and send her to her room.

She said that these incidents involving sexual contact with her father started “somewhere around a month or 2” after they moved into the residence, and continued until the day before she left the residence. B. added that the incidents with her Dad stopped briefly for approximately a month when he had a girlfriend, who she thought was named K. [ 73 ] B. said that the last incident occurred the day before she permanently left the residence. She said that she was on the couch and she kind of knew that she was going to be leaving the residence. She said that he approached her and he told her to lie down and she did.

She said that he took off her pants and underwear and then took his pants and underwear off, got on top of her and put his penis in her vagina. She said that it lasted for “about 20 minutes to half an hour” and that when he was done he said that he was going to the store and she went to her room. She said that the next morning when she went to school she “talked to welfare” and that she had not been back to the residence since. [ 74 ] B. said that when she was living at the residence with her father, that he was not at the residence very often.

She said that he left for work around 7:00 am and that he usually woke her up before he went to work. She said that he got to the residence around 7:00 pm and that he would be up for maybe a couple of hours before going to sleep. She said that sometimes he got laid off and he would still be out of the residence quite a bit. [ 75 ] B. said that she only left the residence to go to school or to go to the school playground, to get away from the residence or her father. She said that she went out at night because her father would try and touch her, or he would yell at her because she had not cleaned the residence.

She said that she went to the playground almost every day usually around 9 pm - 10 pm. She said that she would eat after he came home and that she would try and eat real fast and go to the playground so he would not rape her. She said that she would usually stay 2 - 3 hours at the playground and then walk around or go to the residence. [ 76 ] B. said that she would also go to her friend J.C.’s home every second or third day.

She said that J. and her family were family friends with her father and her grandmother, P.H., and that she knew them all her life. [ 77 ] She said that she knew that J.’s mother, L., would support her and that she would smoke cigarettes with L. She said that she went to their home at night as her father would try and touch her, or he would yell at her because she did not clean the residence.

She said that sometimes her father would say that L. was a bad influence on her and that she should not go to their home, but that she would go anyway. [ 78 ] B. said that at one point in time a friend of hers who also lived in [omitted for publication] by the name of L. told her that her Dad put her head through a wall, and B. then told her that she was being sexually harassed and raped by her Dad and made to have sex with her Dad for food and that they then cried together. [ 79 ] B. said that a week later the Pastor asked her about it and she denied saying those things to L.

When asked why she denied it, B. said that she thought that she might be immediately taken away and stuck into a group home or foster home and that scared her. [ 80 ] B. said that about a week to a week and a half later that “Social Services” came to [omitted for publication] Secondary School unannounced and that she met with them and her school counsellor for about a half an hour. She said that the workers from Social Services told her that they got a complaint of sexual assault.

She said that she was feeling really scared and that she started denying it and that they gave her a harsh look and they gave her their card and told her that she could call them at any time. She said that she started denying it because she thought that she would be sent away to a group home right there. [ 81 ] She said that she did not tell anyone about what was happening before telling L., because she was afraid of being sent away and losing all of her friends and being called weird.

She said that her friends at school use to call her “incest” and she said that if they found out what was happening, it would give them more reason to call her that. [ 82 ] She testified that her Dad said that if she told anyone what was happening, that it would be considered partly her fault and that she would be poor and have nowhere to live and that she would be made to go and live in a group home or foster home.

She said that she believed him and that the thought of this made her feel sad and depressed. [ 83 ] B. said that during the time she was living at the residence her relationship with her mother was not very good. She said that she felt her mother did not care about her. She said that at that time, her mother drank all of the time and was rude and that she had no money. She said that she did not like, respect or trust her mother during this time and that she did not want to live with her.

She said that she would go to her mother’s home for a weekend every month or 2, but subsequently, during the last year of living at the residence, she stopped going to her mother’s home and that she did not see her during that year.

[ 84 ] B. said that at the beginning of Grade 9 she was feeling sad and really depressed and felt that she had to get out of the residence or she might kill herself. She said that she once told her father that she was thinking of committing suicide and he said that she should do it and that he would not be at the funeral. In cross-examination, she said that her father told her that people that killed themselves were taking the easy way out. [ 85 ] B. said that she started to cut herself 2 - 3 months after the sexual abuse started as she was sad and she thought that it would help her feel better.

She said that she felt that she was already so damaged and messed up that she could not do any more damage, but she said that it made her feel worse. She said that the cuts were deep and red and started to get infected. She said that while she was in Grade 9 she carved “help” on her left arm between her elbow and wrist and her math teacher named A. saw it and took her into the hallway and asked her about it. B. said she told the teacher that she was really depressed and the teacher sent her to see her guidance counsellor.

She said the guidance counsellor gave her a box of markers and told her to draw on her arms if she felt like cutting herself. B. testified that her Dad said that it was pathetic that she was cutting herself and that he also said that he did not like her drawing on her arms. [ 86 ] In cross-examination, she said that she started cutting herself a little after the first incident and thought it was around the summer before she went into Grade 8. She said that a couple of the cuts left scars and pointed out one on the inside of her left thumb to her forearm, which she said was 3 - 4 inches in length.

She said that this particular cut was quite deep and that it bled quite a bit. She said that she always used a razor blade when she cut herself. She said that the incident when she cut the word “help’ on her arm occurred a week or 2 before the social worker removed her from the residence. She said that her cutting herself lasted for a couple of years. [ 87 ] B. testified that the morning after the last incident, which she described as being “summerish” and the beginning of Grade 9, there was no food in the residence and that she had the “jitters” and was feeling sick.

She said that she was on the bus and that her vagina hurt and she said to herself “Why am I doing this?” [ 88 ] She said that she got the counsellor at school to call “welfare” and that representatives of the Ministry came to the school the same day. She said that she did not tell them about “the sexual stuff” right away, but told them about the condition of the residence. She said that she wanted them to see the residence as she thought that they would take her away.

She said she was nervous as she did not know what was going to happen, but she said that she knew that it had to be better than staying at the residence. [ 89 ] She said that after they came and looked at the residence and took pictures they all went outside and they asked her if she had anywhere else to stay. She said that they also asked her if the sexual assault reports were true and she said yes and started crying.

She said that she did not want to tell them about it at school as her counsellor was present, and that she did not want to burst out crying at school. [ 90 ] She said that when she was in the driveway sitting in the social worker’s car her father drove up and said that she did not have to go with them and that he was crying. [ 91 ] She said that they took her to stay with her aunt L.’s. She said while staying there, her aunt L. had her go to the police station and there she spoke with Cst. Tippe. She said that felt uncomfortable and really scared when speaking with Cst.

Tippe. [ 92 ] She said that after staying at her aunt L.’s for about a month she had to go and stay at a group home as her aunt had to have a kidney transplant. [ 93 ] B. said that her relationship with her mother is better and she now trusts her a lot. She said that she moved in with her mother last Valentine’s Day. [ 94 ] As set out earlier, B. said that when the incidents of sexual intercourse and rape started, it occurred weekly, but after Grade 8 in the summer before Grade 9, it was daily. She said that she did not always know when it was going to happen before it occurred.

She said that when she did notice, she would notice that he would try and get closer to her on the couch, or linger around or follow her, and then he would try and rape her, and sometimes he would rape her. She said it occurred even during her period. [ 95 ] She said the incidents were usually the same; that she would tell him to leave her alone and he would ignore her. She said that he would hold onto her hands so that she could not move, climb on top of her and then stick his penis inside her vagina. She said that she tried refusing him by hitting him, but he would grab her arms.

She said that other times she would try and leave, but he would not let her go. She said that sometimes it would occur in her room and other times on the couch or in his room. She said that it usually occurred when it was dark or just getting dark out. [ 96 ] She said that she hated him and that it was like she was in jail and she could not get away from him. She said that she does not think of him as her Dad anymore. [ 97 ] In cross-examination, when it was put to her that none of the sexual incidents happened, she maintained that they did. [ 98 ] That concluded her evidence. The Evidence of A.H.-B. [ 99 ] Ms.

H.-B. testified that she is the biological mother of B. and that Mr. H. is B.’s biological father. She said that Mr. H. has often referred to himself as B.’s Dad and that he was ordered to pay child support to her for B. [ 100 ] She said that B.’s full name is B.M.R.H. and that her date of birth is [omitted for publication]. [ 101 ] She said that she was in a romantic relationship with Mr. H. for 3 or 4 years and that they separated a couple of weeks before B. was born. She said that they then dated for a couple of months when B. was a newborn.

[ 102 ] She said that B. lived with her and at other times stayed with her parents or at P.H.’s home for months at a time. She said that when B. lived with P.H., that D.H. and B.H. were also living there. She thought that B. moved to P.H.’s home in [omitted for publication] when B. was in Grade 5. [ 103 ] She said that at one point B. went to live with Mr. H. and she thought that B. lived with him for 4 - 5 years. She said that after living with Mr. H., that B. went to live with her sister, L., for a few months and then she went to live in a group home for a period of time.

At the time she gave her evidence, she said that B. was residing with her. [ 104 ] She said that when B. was living with her father, D.H., it was at the residence in [omitted for publication], B.C. She said that at one point in time, she thought that it was during Christmas 2011 that she and her son, and B.’s brother C., stayed at the residence for about 2 months. [ 105 ] She said during the time that she stayed at the residence she slept on the couch, which was a loveseat. She said that B. had her own bedroom and that Mr.

H. slept in the loft. [ 106 ] She said that she went to the residence once or twice after her and her son were no longer staying there and then D.H. told her that she could not come there anymore. She said that the last time she was at the residence was a couple of years ago. She denied in cross-examination that she was told not to go to the residence because she was a thief. She said that anytime that she came to see B. she had to wait outside for her as she was not allowed in the residence.

She said that she dropped in to see B. twice and once she found her outside the residence playing on the trampoline with a friend and on another occasion she found her late at night on the swings at the school. [ 107 ] She said that she use to go to the residence to clean it. She said that on her last 2 visits to the residence, she found the residence to be in a disgusting, horrific state. She said that the toilet was full of feces and that there were fleas everywhere. She said that there was mouldy, rotten food present and that the dishes were black. [ 108 ] That concluded her evidence. The Evidence of W.

H. [ 109 ] Mr. H(2) testified that from 2005 to 2014 he lived in [omitted for publication] and worked as a custodian at [omitted for publication] Elementary School as well as a Pastor for the [omitted for publication] Church. [ 110 ] He said that he worked at the school Monday to Friday inclusive and that his hours were initially 2:30 pm to 7:30 pm and then they changed to 3:00 pm to 8:00 pm and then they changed again to 4:00 pm to 8:00 pm.

He said that on Wednesday evenings when “Kids Club” took place that he would take a break from his custodian duties in order to participate in the Kids Club program, and then return to his custodian work at the school, finishing at 9:30 pm to 10:00 pm. [ 111 ] Mr. H(2) said that he knew B. through Kids Club and the church youth group and that his first contact with her was when she was in Grade 7 in the Kids Club. [ 112 ] Mr. H(2) said that he saw B. frequently after school when she was on the swings at the school. He estimated that he saw her there between 2 to 4 times a week.

He said that when he saw her it would be in the evening and that most of the times it was dark. In cross-examination, he said that the latest that he saw her at the swings was at 9:30 pm and that on a couple of occasions when he left the school at 8:00 pm she was still on the swings. He said that it was fall and winter when he saw her the most, although he did recall seeing her in the spring. He said that he started work earlier in the summer, so he did not see her much in the summer. [ 113 ] He said 99% of the time when he saw her on the swings she was by herself.

He said that the amount of time she spent on the swings on each occasion varied, and that it was mainly in the one hour range, although sometimes she was there longer than one hour. He said that she was on the swings on a lot of cool nights when there were freezing temperatures. [ 114 ] He said he found it odd that she was not going to the residence. He said that he called out to her a number of times to ask her how it was going or how her day was.

He said that a couple of times they talked when she came to the door of the school or if they happened to be leaving at the same time. [ 115 ] He said that she did not have a problem talking to him but that she appeared not to be a great conversationalist and she appeared withdrawn. He said that she seemed not to take care of herself as well as she could and to him she appeared a “little bit rough”. [ 116 ] He said that one night at the church youth group the group was discussing relationships and that B.’s friend L. responded emotionally.

He said the following Sunday L. came to him distraught and crying and she provided information to him concerning B. [ 117 ] He said that he called the [omitted for publication] Secondary School principal and told her the information that had come to his attention.

He said that she said that she would follow up on it and told him to call the Ministry of Children and Families. [ 118 ] He said that he called the Ministry of Children and Families in December 2012, the week after talking to L. and passed on the information that had come to his attention from L. [ 119 ] He said that that same week he saw B. outside and told her the information he had heard. He said that she was uneasy talking about it and that she denied it and said that it did not happen.

He said that after this point in time he still saw her on the swings with the same frequency, but she did not appear to be as willing to talk to him. [ 120 ] He said that he and his wife would, at times, after youth group related functions, drop B. off and that there were a couple of occasions when she wanted to be dropped off, but not at the residence.

[ 121 ] In cross-examination he said that B. never seemed to be happy. He said that he did not detect a change in her demeanour until after he spoke to her about what L. had told him. [ 122 ] That concluded his evidence. The Evidence of D.D. [ 123 ] D. D. was called as a witness by the Crown. [ 124 ] He said that he is a social worker at [omitted for publication] Secondary School [omitted for publication] and that he is the community school coordinator. [ 125 ] He said he first met B. in [omitted for publication] when she was in Grade 5.

He said that he saw her as well on her first day of Grade 8 when she started attending the Learning Support Program at [omitted for publication] Secondary School. He said that he saw her every school day after that, as his office is attached to the program and he would see her in the hall or when she would come in to get something out of the fridge in his office. He said that he also did “check ins” 2 times a week in his office. [ 126 ] He said that in Grade 8, B. seemed outgoing, positive and pretty cheery.

However, he said that she did not take care of herself well as her appearance was messy and her clothes were dirty and her hair was oily. [ 127 ] He said that in September 2013 when B. was going into Grade 9 he noticed “right off the bat” that her demeanour had changed and that she was very negative and totally withdrawn and very sad. He observed her to be cranky with the Education Assistants, which was different than she was in Grade 8. He said that she went from being very cheery to being one of the most withdrawn girls he had seen.

In cross-examination, he said that he asked B. about her change in demeanour, but she did not want to talk about it. [ 128 ] He said that her appearance was now a lot worse than Grade 8 and she wore the same clothes and they were all very dirty. He said that her hygiene was also a lot worse than it was in Grade 8 and she was not using deodorant and the odor coming from her was noticeable. [ 129 ] He said that he noticed some rubber bands which she had put on her wrist to cover up horizontal cut lines on her wrist.

In cross- examination, he said that the cuts were not deep and they looked to be about a day old and that they put a band aid on them. [ 130 ] He said that in September B. came to him and asked him about the MCFD process and he explained it to her. He said the next day she came to him and asked him to call MCFD and he did so. He said that later the same day, representatives from MCFD came to the school and spoke with B. [ 131 ] He said that after that day, he did not have a lot of dealings with her and she never came to check in with him again.

He said that he saw her at school 1 or 2 days a week after that he noticed that she had new clothes and that her hygiene had improved, but she still seemed sad. [ 132 ] He said that in November 2013 she stopped attending [omitted for publication] Secondary School. [ 133 ] That concluded his evidence. The Evidence of Katherine Simpson [ 134 ] Katherine Simpson was called as a witness for the Crown. [ 135 ] At the time Ms.

Simpson was a social worker in Prince George for MCFD and had been since 2007. [ 136 ] She said that on September 25, 2013 as a result of MCFD receiving a report, she and a co-worker, Joanne Barclay, attended at [omitted for publication] Secondary School and met with the D.D. and B. She said that at the time B.’s concerns were: that she was not being fed properly and that she was vomiting all of the time, the condition of her residence, and that there was no running water in the residence.

In cross-examination, she confirmed that at this time, B. made no mention of anything sexual occurring. [ 137 ] She said that she had some concerns pertaining to neglect as set out in the Child Family and Community Service Act and went to the residence with Ms. Barclay to conduct an investigation. [ 138 ] She said when they got there B. was in the driveway and she escorted them into the residence. [ 139 ] She said that they entered into a dirt floor basement and that the smell was overwhelming.

She said that there were hundreds of rats being breed in cages. [ 140 ] She said that they went upstairs to the kitchen where there were dirty dishes and empty food containers all over, as well as rotting food on the stove top. She said that there were no less than 40 flies in the kitchen. [ 141 ] She said that the fridge had some food in it, but not a lot of healthy food such as fruits or vegetables, but there was frozen pizza and chicken fingers.

She said that there was black mould on the fridge seals. [ 142 ] She said that the floors were disgusting with garbage piled up and empty food containers and rotten food. She said that there were electrical cords hanging down from the ceiling in the garbage area. [ 143 ] She said the living room had stuff piled up in it as well as a tray with a little bit of cut up marijuana in it as well as a bong. [ 144 ] She said that in B.’s room there was a single mattress that had apparently been torn to bits by the dog and you could see the

springs and that there was piles of dirty clothes on the floor. [ 145 ] She said that the dog was missing most of its hair and she saw it constantly scratching itself, she thought due to fleas. [ 146 ] She said that the smell in the bathroom was very bad and the toilet was full of feces and urine and that it was over flowing down the front of the toilet. She said that on the wall beside the toilet there was evidence that a fire had occurred. [ 147 ] She said that in the laundry area there were dirty clothes and animal feces. [ 148 ] She said that Mr.

H.’s bedroom area was the cleanest spot in the residence and that his bed had not been ripped like B.’s had. [ 149 ] Ms. Simpson said that she photographed most of what she viewed and she identified the photographs that she took while at the residence, which have been marked as an exhibit. She said that the photos of the residence do not show how dirty the residence was and they did not grasp the smell. She described the smell as nauseating and said that it was the dirtiest residence she had been in, in the thousands she had been in, in the course of her employment as a social worker. [ 150 ] Ms.

Simpson said that the residence was a hazard due to: the rotting food, the animal and human feces, the open electrical wires, as well as an issue with the electrical in the stove, and because there was no running water. [ 151 ] She said that after approximately 45 minutes the 3 of them went out and waited in her car for Mr. H. to arrive. She said that during the wait she noticed that B. smelled awful. She said that B. smelled like the residence, which she described as wet-dirt and feces. She said that B.’s fingernails were black and dirty and her hair was greasy and dirty. [ 152 ] Ms. Simpson said that when Mr.

H. showed up she explained to him that B. could no longer stay at the residence and that initially he was angry, but that he eventually came around. [ 153 ] Ms. Simpson said that they did not want to take B. into care so she got permission from her supervisor for B. to stay in a hotel with her father. [ 154 ] She said that she asked B. if there was any reason why she should not stay in a hotel room with her father. While they discussed that option, she said that B. was shaking and had tears in her eyes. Ms.

Simpson said that she stopped talking about that then and eventually arrangements were made for B. to stay at her aunt L.’s home and they transported her to that residence. [ 155 ] In cross-examination, she confirmed that when they spoke with B. at [omitted for publication] Secondary School she did not say anything about something sexual going on at the residence. [ 156 ] That concluded her evidence. The Evidence of Joanne Barclay [ 157 ] Ms. Barclay stated that she has been a social worker with MCFD since June 2013 and she said that she attended [omitted for publication] Secondary School with Ms.

Simpson on September 25, 2013 and met with B. for approximately one hour. She said that while at the school she noticed markings on B.’s arm and noted that it was quite raw around the cuticles of her fingers. [ 158 ] She said later the same day that she went to the residence with Ms.

Simpson and that B. met them in front of the residence. [ 159 ] She said that B. took them into the residence. [ 160 ] She said that the residence was dirty and messy with a strong odor. [ 161 ] She said that the toilet was full of feces and that a wall in the bathroom was burnt. [ 162 ] She said that the living room floor was covered with debris and garbage, but that Mr. H.’s room did not look as cluttered. [ 163 ] She said that there was only a little food in the kitchen and some of it was spoiling and moulding. [ 164 ] She identified what was depicted in the photos taken by Ms.

Simpson. [ 165 ] She said that their biggest concern was the lack of plumbing and that the toilet was full of feces, as well as the wall in the bathroom being burnt. [ 166 ] She could not recall anything about B.’s hygiene. [ 167 ] That concluded her evidence and concluded the case for the Crown. THE CASE FOR THE DEFENCE The evidence of D. H. [ 168 ] Mr. H. said that he is 42 years old, that he grew up in Aldergrove, and that he had a Dogwood Diploma. [ 169 ] He confirmed that B. is his daughter and that A.H.-B. is B.’s mother. [ 170 ] He said that he met Ms.

H.-B. in [omitted for publication] in the summer of 1995 and that they “clicked”. He said that their son C. was born on December 11, 1996 and they then began living together, initially at his parent’s home in [omitted for publication], and

shortly thereafter they got their own place on the southern edge of [omitted for publication]. [ 171 ] He said they subsequently moved to Brooks, then Medicine Hat, Alberta. He said that there were problems with fidelity and that Ms. H.-B. had problems with drugs and alcohol and “keeping her pants on”. [ 172 ] He said that in January or February 1999, they moved back to B.C. He said that Ms. H.-B. was by then pregnant with B., but they were no longer living together. He said that he lived with his parents and she moved to [omitted for publication].

He said that when B. was born on [omitted for publication] they were not living together. [ 173 ] He said that on November 11, 1999 he found another man on Ms. H.- B.’s couch and they then separated as a couple permanently. He said that C. and B. continued living in [omitted for publication] with Ms. H.-B. and he would visit with them when he could, including overnight visits occasionally. He said that Ms. H.-B. subsequently married a man named B. and had a daughter named C(2). [ 174 ] He said he had been notified of several incidents by the MCFD pertaining to Ms.

H.-B. including: investigating her for drug and alcohol abuse in relation to abandonment and neglect, and also occasions when MCFD removed the children from her care. [ 175 ] He said that in 2005 he commenced working for [omitted for publication] and he is still employed there. He described the company a civil contractors and he said that they “bury things in the ground”. He said that he works almost exclusively in the Prince George area. He said that in the summer his usual hours were from 7:00 am to 5:00 pm.

He said that in the winter he operates snow removal equipment and he would start at 8:00 pm to 8:30 pm and work until he was finished in the morning. In cross-examination, he said that in 2010 he made $23.00 per hour and $24.00 an hour in 2011 and $24.50 an hour in 2012 and 2013. He said that if he worked a Saturday he was paid double time. [ 176 ] He said that in the summer of 2010 he was living at his parent’s home north of [omitted for publication]. He said that Ms.

H.-B. had been homeless and as she was the mother of his children, he went house hunting and rented the residence. [ 177 ] He said that on October 14, 2010 he and Ms. H.-B. as well as the children, C., B. and C(2). moved in to the residence. He said that C(2). only stayed with them a couple of weeks and then she moved back with her father. [ 178 ] He said that C. was attending [omitted for publication] Secondary School and he would drive him 35 kilometres in the morning to catch the bus, and in the afternoon his mother would pick C(2). up.

He said that B. was attending [omitted for publication] Elementary School. [ 179 ] He said that in late October or early November of 2010 a representative of MCFD came to the home and removed B. from the home as Ms. H.-B. apparently was not supposed to be around the children. He said that B. then went to live with his mother, P.H. He said that C. was apparently old enough to speak for himself so he stayed with him and Ms. H.-B. at the residence. He said that he believed that it was January 2, 2011 when Ms. H.-B. moved out of the residence and he said that it was due to his unwillingness to transport Ms.

H.-B. to town to get stoned. [ 180 ] He said that he was living in the residence by himself until approximately early February 2013 when as a result of an allegation that his mother had assaulted B., B. came back to live with him at the residence. In cross-examination, he said that after Ms. H.-B. moved out of the residence, she did not come back to visit B.

He said from that point in time, until September 25, 2013, it was just him and B. living at the residence. [ 181 ] He said there were also animals living in the residence, which he listed as: 1. a bull mastiff dog; 2. a cat; 3. 8 python snakes; 4. a gecko; 5. 9 fish tanks with fish; 6. a large colony of breeder rats for reptile food for his reptiles and for sale. [ 182 ] He said that the cat and dog went in and out of the residence and that there were no dog feces in the residence unless the dog had an accident which was not a regular thing. [ 183 ] In cross-examination, he said that in 2013 [omitted for publication] had a flea problem and that it was not uncommon for dogs and cats in the community to have fleas.

He said that in the spring, summer, and fall of 2013 his dog had fleas and he listed a number of items that he used to try and get rid of them. He said that in the [omitted for publication] bowl area, at Race Track Gas, the creek, the church and at his residence, that fleas were jumping on to his legs. He said that he and Mr. S., while sitting in his yard talking, counted 80 dogs that had fleas. [ 184 ] He said that there were no problems with water in the residence. He said that the residence had a 2400 gallon cistern, which he had replenished by the fire department.

He said once full, that it would last him and B. 2 months. He said that the only time it went dry was about a week after they moved in. However, later in cross-examination when he was explaining why the dishes had not been washed, he said that they ran out of water a couple of times. [ 185 ] He said that the valve on the toilet leaked and sprayed onto the wall, so it was necessary to shut the toilet off when it was not in use. In cross-examination, he said that when they first moved into the residence the residence was in deplorable condition. He said that

the shower was very short and they had to bend to use it and the hardwood floor was splitting and an occasional nail was lifting from the floor, but only on the edges of the room. [ 186 ] He said that he would do maintenance around the residence and he said he did some work on the door jams and windows and also on the toilet shortly after moving in. He said that in September 2013 the main seal on the toilet had deteriorated and it effected how they used the toilet. He said that they then had to use a bucket of water to flush the toilet and they would flush it anytime there were solids in it.

He said that he never fixed it as the landlord said that she would buy a new toilet, but never did. [ 187 ] In cross-examination, he said that when he moved in to the residence it had been empty for 3 years and it took 3 days to clean it to a state of being very clean. He said that from 2010 to 2013 that the cleanliness of the residence would fluctuate, but that he and B. would scour the residence weekly and that they would go and do laundry together weekly. He said that every week B. would gather up all of her clothes and put them in a bag to be washed.

In cross-examination, he said that the weekly scour involved cleaning the common areas and it included washing the walls, ceilings, doorways, doors and cupboards. He said that it usually took a couple of hours to complete. [ 188 ] In cross-examination, Mr. H. said that B.’s bedroom was her “private sanctuary”. He said that he would go into her bedroom in the daytime to pick up the towels in order to do the laundry, and at other times he would knock on, and then open her door, to ask her if she wanted to watch a movie.

When asked if he went into her room at night, he said that he opened the door to her room at night when she was sleeping in order to let the dog or cat out and on one occasion went into her room at night to wake her up when the shed was on fire. Later in his cross-examination, he admitted going into her room to clean it with her present in the room 3 - 4 times a year. Subsequently in cross-examination, he said that they tried to get her bedroom cleaned every week.

He denied ever going into her bed. [ 189 ] He said that in February 2011, B. was in Grade 7 and she was attending [omitted for publication] Elementary School, which he said was 300 meters away from the residence. [ 190 ] He said that when he was on day shift, the alarm would go off at 6:00 am and he would get up and then wake B. at 6:15 am and that he would “walk her through getting ready”.

He said that B. would leave for school at approximately 8:45 am and that he would leave for work after she left for school. [ 191 ] He said that L.W. lived 2 houses down the street from them and she agreed to keep an eye on B. until he got to the residence from work which he said was between 6:00 pm to 6:15 pm. He said that for this he paid L. $25.00 a day, or $50.00 on the occasional times which she stayed overnight a L.’s home. He said that when he got to the residence, B. would be at L.’s home, or at the school, or at the residence.

He said that this occurred in the year 2010 for sure and probably part of 2011 and after that B. was a “free range teenager”. He said that he did continue to communicate with L. once or twice a week. He estimated that between 2010 and 2013 L. came to the residence not more than 5 times for a half an hour to an hour at a time. [ 192 ] In cross-examination, he said that L.’s children, J. and A., were B.’s friends and that B. spent a lot of time at L.’s home and at times he would have to call L. and have her send B. to the residence.

He agreed that B. was frequently at L.’s home at night time, but he said that the latest she would stay at L.’s would be around “9:00ish”. [ 193 ] In cross-examination, he said that B. always had friends hanging around the residence and he told her that she could not have specific friends over when he was not at the residence. He said that the friends would be there every day after school, in the evenings, and on weekends.

He listed several of these children by name and he said that he personally observed that J.C. was there 3 to 5 times a week and that he used to see her there all seasons of the year from 4:00 pm - 6:00 pm. He said that she also stayed overnight sometimes. He also said that he personally observed that M.S. was there a couple of times a week from 4:00 pm to 6:00 pm all seasons of the year. He said that the K. girls were there on a constant basis. He said that when her friends were there they would play games, watch movies, do art and eat anything that they could get their hands on.

He estimated that between 2010 to 2013 B. had one sleep over a month. He denied that she only had 1 or 2 sleep overs during that time or that she rarely had visitors. [ 194 ] He said that in the winter when he came to the residence from work in the morning, that he would stay awake until B. went to school and he would then go to sleep. In cross-examination, he said that their morning routine was the same in the winter as in the rest of the year. He said that he would first wake her at 6:00 am and that he had a second alarm set for her at 6:30 am.

He said that the majority of the time she got up between 6:00 am and 6:10 am. He said that they both showered daily, he in the evening and B. in the morning. He said that at least twice a week he would go over her homework with her in the morning. [ 195 ] He said that he would make breakfast for them which might be cereal, or bacon, or pancakes, or waffles. He said 4 times a week he would make waffles from a mix, which included an egg. In cross-examination, he said that sometimes she would not eat her breakfast, but he maintained that he would put breakfast in front of her every day.

He said that B. would usually eat something every morning, and then said some days she did not want to eat and on those days he did not make her breakfast. [ 196 ] In his direct evidence, he said that when B. was attending [omitted for publication] Elementary School she almost never took a lunch, but when she came to the residence from school she would “graze” at the fridge. He said that when B. was attending [omitted for publication] Secondary School, B. did take a lunch.

In cross-examination, he said that while she was attending [omitted for publication] Secondary School, she would usually take a sandwich for lunch, and that he would put a snack such as a granola bar or fruit cup in her pack. [ 197 ] He said that he was responsible for cooking dinner and he said that they would have meat and potatoes or rice or pasta. He said they also ate vegetables grown in their yard or from his parent’s garden. He said that they would also have fruit juice and chocolate as he is a chocolate addict.

He said that they ate dinner together in the summer within one hour of him getting to the residence, but that in the winter it was less predictable depending on what hours he was working. He said that they both helped clean up after dinner. [ 198 ] In cross-examination, he agreed that children need lots of good food and he said that when B. came to live with him he had to change his diet from less bachelor food to buying real food such as better cuts of meat and fresh fruit and vegetables. He also said that after B. moved in that she almost always shopped with him.

In cross-examination, he said that they would grocery shop every Friday or

Saturday with a major shop being done on his payday weekend and a “touch up “ shop on the non-pay day weekend. He said that the major shop would cost around $200.00 and that it would fill the fridge and cupboards and that the touch up shop would cost around $50 - $60 and they would get the things they needed such as milk and toilet paper.

He said that B. probably drank a litre of milk a day. [ 199 ] In cross-examination, he said that he gave B. the Child Tax Credit of just over $100.00 every month and told her she was not to spend it on food or clothes because that was his responsibility and that she could act irresponsible with the money.

Later in cross- examination, he said that she was given at least 50% of the Child Tax Credit. [ 200 ] In cross-examination, he said that he did not know until after September 25, 2013 that B. smoked, although he said he did see her at one point with cigarettes in her hand, which he said she claimed to have found. [ 201 ] He said that when B. was living at the residence, that he smoked 1 - 2 marijuana joints a day, which he estimated cost him $6 - $10 a day.

He denied smoking marijuana with B., but said that he saw her smoke it at her mother’s and her aunt’s, as well as at the residence by the carport. [ 202 ] He said that in Grade 8 B. was attending [omitted for publication] Secondary School. He said that he would get up at 5:30 am and that he would wake her up a little before 6:00 am. He said that they would have coffee and might review her homework and that he would put a snack in her bag and she would make herself a lunch. [ 203 ] He said that she had to be a Race Track Gas at 6:50 am to catch the bus.

He said that she got back to the residence at 4:20 pm and he would get to the residence about 2 hours after that. He said that if the weather was bad, when he got to the residence she might be in the living room with her friends. [ 204 ] In cross-examination, he said that after dinner she would wonder off somewhere and he agreed that she often went to the swings at school even in cold weather. He agreed that she often went to the swings at night, but denied that it was for hours at a time. He said that he asked her about it and that she told him that she just liked to swing.

He also said that he bought her a bike so he could track her down when she was out by looking for the bike outside of a friend’s home. [ 205 ] He described B.’s demeanour when she was in Grade 8 as friendly, outgoing and vocal. He said that she was active on the trampoline, rock climbing and visiting with her friends in the neighbourhood. [ 206 ] He said that by July 1, 2013 her Grade 8 year was completed and her summer time

schedule included visiting with her mother and her aunt L. He said that in the summer she had chores to do such as feed the dog and clean her room. He said that she did not like to clean her room, but that she would do it. [ 207 ] He said that she would usually visit with her mother on weekends, but that it was dependent on her mother’s work schedule. [ 208 ] In cross-examination, he said that Ms. H.-B. was mean when she was drinking and that it was not safe to be around her when she was drinking, but that B.’s brother was present when B. went to visit her mother.

He said that B. liked to spend time with her mother, if her mother was not using drugs or alcohol. He said that in 2012 and 2013 B. was at her mother’s residence at least one weekend a month. [ 209 ] In cross-examination, he said that in 2012 and 2013, B. would spend 1 or 2 weekends a month at her aunt L.’s home. He said that she also spent Easter and spring break in 2013 at her aunt’s home. [ 210 ] In his direct examination, he initially said that in mid to late August 2013, he noticed a change in B.’s behaviour.

He then said that in early August 2013, while B. was at her mother’s home in [omitted for publication], B. called him in the early morning while he was asleep asking him to come and get her. He said that she was whispering and crying. He said he drove to her mother’s home in [omitted for publication] and picked B. up and as soon as she got in the car she said, “go, go”. He said that she was quiet and defensive when he asked her why she had him come and get her and she told him that it was not his business. He said that after that she refused to go to her mother’s home or to take her phone calls.

He said that she did not want to go to her grandmother’s either, she just wanted to hang out with her aunt L. and that he would drive her to her aunt L.’s home and she would usually stay the weekend. [ 211 ] In cross-examination, with respect to picking B. up at her mother’s home, Mr. H. said that he received the call from B. around August 24 or 25, 2013 at about 1:30 am. He said this was one of the 3 or 4 occasions when Ms. H.-B. had picked up B. at their residence. He said that he was feeling angry because her mother had messed up again and he had to go and get B.

He said that when he pulled into the driveway, B. came out right away at a “good clip” in bare feet with her shoes in her hand and a knapsack on her back. He said that physically she looked like she had dragged herself out of bed and emotionally she seemed upset, even angry. He said that she did not talk almost all of the way to the residence and they went to the residence and went to bed. [ 212 ] In cross-examination, Mr. H. said that he needed to know what had happened and he gently asked her about it.

Initially in cross- examination, he said later that day she told him about it and then later in cross-examination he said that it was probably a day and a half to 2 days later when B. told him what happened. He said B. then told him that she had caught her mother and “S.” having sex and that her mother was drinking again. Initially in cross-examination he said there were 2 or 3 other occasions when he picked up B. and she said, let’s go, let’s go, let’s go, but subsequently in cross-examination he said there were no other times that she said that. [ 213 ] In cross-examination, Mr.

H. said that later the same day that B. told him what happened, he called Ms. H.-B. and she asked him where B. was and he told her B. was with him. He said that he asked Ms. H.-B. what had happened and that she would not give him an answer. He said that she asked him why he came and got B. and he told her that B. said she saw her and S. have sex. He said that Ms. H.-B. denied it. Mr. H. said that between then and September 25, 2013 he did not observe any contact between B. and Ms.

H.-B. [ 214 ] In cross-examination, he said that after this incident there was a complete change in B., most notably that she appeared sad and she was “snappy” with her responses. He said that she was less talkative and sociable and that this worried him. He said that she had highs and lows and would cheer up when distracted, but he thought that she was depressed. He said that her predominant emotions were

being: quiet, sad, angry and melancholy. He said that he was concerned about her mental health, but he did not take her to a counsellor or psychologist. [ 215 ] He said that a month or 2 after his arrest in early October 2013, he “put it together” that this incident caused a change in B.’s behaviour. He said that he did not tell anyone about this realization and then said that he may have told his mother about it.

He denied that the incident of picking B. up at her mother’s in the early morning hours in August 2013 did not happen. [ 216 ] He said that when B. started Grade 9 in September 2013, he had problems getting her out of bed and problems motivating her to do anything. He said at that time that she started using excessive amounts of perfume and hair jell. [ 217 ] In cross-examination, he said that in September 2013, he received a phone call from a woman from [omitted for publication] Secondary School and subsequently went to a meeting at the school concerning B.

He said he met with her math and English teacher and he thought a counsellor. He thought that the names of 2 of these people were T. and M. He said they discussed B.’s: shortness in demeanour, chewing her nails, her lunches, and her makeup and hair. He said he tried to talk to B. about the meeting and that he subsequently threw away a pair of orange shorts that she used to always wear. [ 218 ] He said that from the beginning of September 2013 to September 25, 2013, he was concerned about B., but he was not concerned about her ability to cope.

He said that he never noticed any injuries on her arms or cut marks that had been bandaged, but he said that it bothered him how bad she would chew her nails and pick at the palm of her hands and cuticles, which he said had become really bad by early to mid-August 2013. [ 219 ] He said that she usually wore 1 or 2 elastic bands on her wrist and that she had worn elastics on her wrist since she was a little girl.

He said that he saw her draw on her own arm and that they drew on each other’s arms 5 or 6 times, commencing in 2009. [ 220 ] He denied that B. told him that she was suicidal and he denied telling her that she was idiotic and that he would not go to her funeral. [ 221 ] He said that on September 25, 2013, he was in Prince George working when he got a call from the social worker saying that they were taking B. because the residence was not up to standards. [ 222 ] He said that he drove to the residence and suggested to the social workers that he and B. stay in the residence and clean it on the weekend like they did every weekend.

He denied that he yelled at B. to crawl out the window of the social worker’s car, but he said he told her in a normal voice that she was old enough to make her own decision about what she wanted to do. He said they took B. to her aunt L.’s home and that B. did not live with him after that. [ 223 ] In cross-examination, he said that between 2010 and 2013, his mother, P., came by the residence a couple of times a week, but that she was put off by the snakes and did not usually come into the residence. He then said that she did come into the residence frequently.

He said that she came into the kitchen and waited for him and B. to get their laundry together so they could do it at her residence. [ 224 ] In cross-examination, he said that his relationship with B. when they were living together was pretty good. He said that they did puzzles and played monopoly together, as well as played video games and watched movies.

He denied that when they sat on the couch together that he would also be covered by a blanket which B. had covering her. [ 225 ] In further cross-examination, he said that he did not think that she was wearing a nightie at night while sitting on the couch, but he imagined that she did. He said that he did not pay attention to what she was wearing under the blanket she had over her while on the couch. He then said that she was wearing pajamas as P.H. made the same type and size of pajamas for all of their family.

He said that P.H. made all of the pajamas so they would fit his 6’ 4” inch brother-in-law, and they would subsequently be returned to her to be altered so that they properly fit the recipient of the pajamas. [ 226 ] He said at certain times of the month when B.’s period was approaching there would be a power struggle and B. would get aggressive and argumentative and he would say that he was the father. He said that the power struggle occurred 5 or 6 times.

He said that he cannot yell when he gets angry, but that he just hisses and makes a face. [ 227 ] He denied ever physically disciplining her or deliberately striking her. He said that he would sit her down and talk to her probably once a month about things like her going to the scho

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