IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: R. v. McDowell, 2015 BCSC 1478 Date: 20150619 Docket: 21206-1, 21242-1 Registry: Rossland Regina v. Darryl Bruce McDowell Before: The Honourable Mr. Justice McEwan Oral Reasons for Sentencing In Chambers Counsel for the Crown: J. Gelber (Agent for R. Bruneau) Appearing on his own behalf: D. McDowell Place and Date of Hearing: Rossland, B.C. June 19, 2015 Place and Date of Judgment: Rossland, B.C. June 19, 2015 [ 1 ] THE COURT: I have considered the very fair submission made by the Crown in this matter. I have considered what Mr.

McDowell says on his own behalf. [ 2 ] I think part of the problem in this case proceeds from Mr. McDowell's wholly erroneous estimation of the effect he has in making his submissions before the court and in making his submissions before Mr. Justice Betton. [ 3 ] By any objective standard, the behaviour was extreme and clearly contemptuous. Despite warnings that he was treading on thin ice, Mr.

McDowell continued to press his points when his position should have been to object, state his objection, accept the authority of the court, and move on, saving his concerns for the appeal court, if that's what he chooses to do. [ 4 ] Rather than do that, he treated the jury in this matter to a defiant spectacle, where it was clear he refused the authority of the court and had no concern at all for the appearance of the administration of justice. [ 5 ] As I say, I accept that he did not estimate the degree of harm that he was causing, but it is my duty to impose a sanction that not only punishes Mr.

McDowell for what he did, but that is sufficient to recognize the seriousness of that behaviour so that it deters others. [ 6 ] Having carefully considered what I have been advised and the submissions of the Crown, I sentence Mr. McDowell to 10 days in jail upon each of the two citations for contempt. [ 7 ] The time will be served concurrently, so that the total is 10 days. “McEwan J.”