R. v. Ruddle Date:, 2012 BCPC 516

Citation: R. v. Ruddle Date: 20121217 2012 BCPC 0516 File No: 58892-1 Registry: North Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. IAN EDWARD RUDDLE EXCERPTS FROM PROCEEDINGS REASONS AT JUDICIAL INTERIM RELEASE HEARING OF THE HONOURABLE JUDGE MILNE Counsel for the Crown: R. Edwards Counsel for the Defendant: A. Wolf, Duty Counsel Place of Hearing: North Vancouver , B.C. Date of Judgment: December 17, 2012

[ 1 ] THE COURT: All right.

So I am going to release him on his recognizance in the amount of $2,000, without deposit but with one surety, the named surety that is being you, ma'am, and that the terms of which are to keep the peace and be of good behaviour; to report to a bail supervisor in North Vancouver, and the address will be set out, by 10:00 a.m. tomorrow morning and thereafter as and when directed by his bail supervisor, but not less than once per week in person. [ 2 ] To reside at the current address, which was again -- what is your current address? [ 3 ] KELLY EGAN: 650 Evergreen, Suite 201. [ 4 ] THE COURT: 650 Evergreen? [ 5 ] KELLY EGAN: Evergreen. [ 6 ] THE COURT: Suite 201, and not change that address without the prior written approval of the bail supervisor. [ 7 ] THE CLERK: Your Honour, is that in North Vancouver? [ 8 ] KELLY EGAN: Yes, it is. [ 9 ] THE COURT: To -- [ 10 ] KELLY EGAN: And it's Evergreen Place, to be exact. [ 11 ] THE CLERK: Thank you. [ 12 ] THE COURT: To surrender all travel documents, including Canadian passport, travel visas, and if he surrenders his driver's licence he is not going to be able to produce it when he is asked to. [ 13 ] KELLY.

EGAN: Well, I -- can I just ask you a question? [ 14 ] MR. WOLF: Does he have an enhanced driver's licence, I think is the question. [ 15 ] THE COURT: Yes. [ 16 ] KELLY EGAN: Can he have a cell phone? [ 17 ] THE COURT: We are going to get to that. [ 18 ] KELLY EGAN: Okay. [ 19 ] THE COURT: Does he have an enhanced driver's licence? Do you? [ 20 ] MR. WOLF: I'm not sure, Your Honour. I know that he was travelling on a Canadian -- sorry, an American passport.

Does not have a Canadian passport but has a Canadian citizenship information, and those travel documents are in the possession of the authorities. [ 21 ] THE COURT: Do you have a biometric enhanced driver's licence? [ 22 ] THE ACCUSED: I have a regular driver's licence, Your Honour, and it is now at the North Vancouver RCMP. [ 23 ] THE COURT: So it is the Canadian passport, travel visas and by noon tomorrow to the RCMP detachment.

That is by noon December 18th to the RCMP detachment in North Vancouver, British Columbia. [ 24 ] That he is not to maintain any Internet account in his name or a cell phone that has Internet capabilities, and that he is not to access the Internet by any means between the hours of 9:00 a.m. and 5:00 p.m. for business purposes only. [ 25 ] KELLY EGAN: May I ask a question at that point? [ 26 ] THE COURT: Yes. [ 27 ] KELLY EGAN: We do work with the east coast, so there -- [ 28 ] MR.

WOLF: She outside suggested 7:30 to -- a.m. until around 5:00 p.m. would be appropriate. [ 29 ] THE COURT: 7:30 a.m.? [ 30 ] KELLY EGAN: Well, 7:00, can be 7:00. [ 31 ] THE COURT: 7:00 a.m. to 5:30 p.m. [ 32 ] MR. EDWARDS: And that's each day? [ 33 ] THE COURT: Yes. [ 34 ] MR. EDWARDS: And that is going to be only from that residence, only from his primary residence?

[ 35 ] THE COURT: Yes, and the -- such Internet access will only be from your primary residence. [ 36 ] MR. EDWARDS: Actually it -- [ 37 ] KELLY EGAN: Now, if I need -- [ 38 ] MR. EDWARDS: Can we actually have it named as that residence? He can come back to court and change it, but primary residence becomes an esoteric concept if he decides to move out and move some -- even into a hotel or something of that nature. [ 39 ] THE COURT: Yes, from the residence at whatever the place was, Evergreen Place. [ 40 ] MR. EDWARDS: 201-650 Evergreen Place. [ 41 ] KELLY EGAN: Can I ask one more question?

Because on the -- in the hours is 7:00 a.m. here is 10:00 a.m. on the east coast, if by chance there is an emergency that requires -- I guess that could be on the phone. He can talk on the phone before 7:00 a.m.? [ 42 ] THE COURT: Yes. [ 43 ] KELLY EGAN: He just can't use the Internet before 7:00 a.m.? [ 44 ] MR. EDWARDS: That is correct. [ 45 ] KELLY EGAN: Okay. [ 46 ] MR. EDWARDS: That would seem to be the case. [ 47 ] THE COURT: That he is not to have any contact with any female under 16 unless in the presence of an adult over the age of 21. That he is not to go to any location where -- you had a phrase, Mr.

Edwards, persons under the age of 16? [ 48 ] MR. EDWARDS: Not to any location where -- yeah, where children under the age of 16 frequent or are reasonably expected to be, including parks, playgrounds, schools, swimming pools and community centres. [ 49 ] THE COURT: Yes. Did you get that, Madam Clerk? [ 50 ] THE CLERK: Yes, Your Honour. [ 51 ] THE COURT: In addition, he is prohibited from any form of employment or volunteer activity, whether any employment paid or not or volunteer activity, where you would come into contact with children under the age of 16 years. (REASONS AT JUDICIAL INTERIM RELEASE CONCLUDED)