R. v. Woolman, 2023 BCPC 168

Citation: R. v. Woolman 2023 BCPC 168 Date: 20230719 File No: 43177-1 Registry: Campbell River IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REX v. KIMBERLY BRENDA WOOLMAN REASONS FOR SENTENCE OF THE HONOURABLE JUDGE FLEWELLING Counsel for the Crown: J. Mickelson Appearing on her own behalf: K. Woolman

Place of Hearing: Campbell River , B.C. Dates of Hearing: July 29, December 15 and 22, 2022 Date of Sentence: July 19, 2023 [ 1 ] On April 13, 2023, following a trial that took place over three days, I found Kimberly Woolman guilty of causing a disturbance at the Save On Foods grocery store in Campbell River; assault of Ms. Jacqueline Poulton by forcibly and deliberately coughing in the direction of her face; and assault of Mr. Gordon Dawson when she deliberately shoved and pushed her shopping cart into him.

These convictions stemmed from an incident that occurred on April 24, 2020. [ 2 ] I heard evidence from all five store employees who were directly involved with Ms. Woolman that day. They were required to respond to Ms. Woolman’s refusal to follow the Save On Foods store policy requiring all people to maintain a distance of six feet, her refusal to immediately leave the store, and her continuous loud invective that COVID 19 was fake. I was able to observe a number of videos taken at various points in the store. They show that the employees kept Ms. Woolman moving eventually towards the exit.

The video at the exit shows Ms. Woolman with her head back, her mouth wide open and saying something as she proceeded to leave with the shopping cart. [ 3 ] The video did not have audio but I accepted the evidence of the employees who heard Ms. Woolman shouting and swearing, so loudly that some employees heard her across the store. The video corroborated their evidence. [ 4 ] I also accepted Ms. Poulton’s evidence that as she was following Ms. Woolman down the first aisle and asking her to leave the store, Ms. Woolman stopped abruptly, turned to face Ms.

Poulton who was then about three feet away, leaned toward her and forcibly coughed in the direction of Ms. Poulton’s face, twice. [ 5 ] When they finally manoeuvred Ms. Woolman to the exit, Mr. Dawson asked her to leave the shopping cart because it had unpaid grocery items in it. She refused and would not let go of the cart saying she needed it to get to her car. An empty cart was offered but Ms. Woolman refused that offer and while Mr.

Dawson was standing in front of the grocery cart, she forcibly pushed the cart into him and rocked it back and forth trying to get him to let go. [ 6 ] Crown asks that I impose a fine of $1,000.00 and probation for eighteen months with minimal conditions. [ 7 ] Ms.

Woolman says she receives a limited income and is unable to pay a fine. [ 8 ] The purpose of a sentence is set out in s. 718 of the Criminal Code : 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 [ 9 ] A sentencing judge must consider the unique characteristics of the person who has been convicted of an offence, the person or community harmed by the offender’s actions, and the circumstances of the offence.

A just sentence cannot be based upon anger or community outrage and cannot be based on sympathy for the person before the court. A sentence must also properly reflect the seriousness of the offence and the offender’s own level of moral culpability. [ 10 ] Aggravating factors tending to increase a sentence as well as mitigating factors tending to decrease a sentence must be considered. [ 11 ] Those were the very early days of the COVID 19 pandemic when scientists and medical professionals were struggling to understand how the virus was transmitted between people. It was recognized that it was a respiratory virus.

In those early days, there was no medication or vaccine available to cure or to reduce the severity of the infection. In keeping with public health orders, most people were required to remain at home. The streets were empty and many employees and professionals who were able to work remotely from their homes, did so. All except the front line workers who worked in businesses or professions that were classified as essential services. Those front line workers included the people who went to work every day at Save On Foods so that people could buy groceries. Those front line workers were the people that Ms.

Woolman derided and assaulted on April 24, 2020. [ 12 ] The Public Health Officer had put in place an order that people who worked and shopped in stores were required to maintain a distance of six feet from one another based on the early understanding and belief that the COVID 19 virus was transmitted and spread from droplets exhaled from the lungs. [ 13 ] Throughout much of the trial, Ms. Woolman was aggressive and rude to witnesses and, at times, with the Court. Her behaviour on April 24, 2020 was also aggressive and rude. She displayed an astounding level of selfishness as she disregarded the entreaties of Ms.

Poulton to simply agree to follow social distancing guidelines. Ms. Woolman was of the view that she was in the right to insist that she did not have to follow the store guidelines which had been put in place to comply with public health orders to slow the transmission and spread of COVID 19 between people. [ 14 ] It would have been very simple, and easy, for her to have simply complied with the reasonable and lawful request to adhere to social distancing. Instead, she embarked on a tirade about her belief that COVID 19 was not real and was fake.

While she is entitled to have her own beliefs about COVID 19, she was not entitled to insist that she did not have to follow rules that were put in place by the Provincial Health Officer to protect people during a Pandemic and, at a time, when much was still unknown about the virus. It was the height of selfishness and self-entitlement. [ 15 ] It is aggravating that Ms. Woolman assaulted and disparaged five employees who were required to work on the front lines during a Pandemic.

People were dying from the COVID 19 virus and front line workers who, like these five individuals, were exposed to the public faced the greatest risk of contracting the virus.

[ 16 ] It is a factor I consider in determining a fit and just sentence and in balancing and weighing the various sentencing objectives. [ 17 ] It is mitigating that Ms. Woolman has no prior criminal record. [ 18 ] In my view, the objectives of specific and general deterrence and denunciation must have greater weight. [ 19 ] A just society is also a civil, peaceful society. It needs to be brought home to Ms. Woolman and others who are like-minded, that our laws, including public health orders and the Criminal Code , apply to everyone. Ms.

Woolman assaulted two front line workers and caused a disturbance in the Save On Foods store that day because she didn’t want to follow a public health order that she maintain a distance of six feet from other people. It was far from an onerous law to follow. Her actions were intentional and her moral blameworthiness is high. [ 20 ] Denunciation and deterrence are served by virtue of the fact that the sentence I impose will mean that Ms. Woolman has a criminal record.

I have also considered that, due to her very limited financial means, she would be unable to pay a fine. [ 21 ] I suspend the passing of sentence and place Ms. Woolman on a period of probation for eighteen months.

The conditions of probation are 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 your probation officer in advance of any change of name or address and promptly notify the court or the officer of any change in employment or occupation; • You must have no contact or communication directly or indirectly with Jacqueline Poulton; • You must not go to any place where Jacqueline Poulton lives, works, attends school, worships, or happens to be.

If you see her, you must leave her presence immediately without any words or gestures. • You must not go to the Save On Foods store in Campbell River, B.C. _____________________________ The Honourable Judge Flewelling