R. v. F.B. Date:, 2015 BCPC 290

Citation: R. v. F.B. Date: 20150622 2015 BCPC 0290 File No: 60246-2-C Registry: North Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. F. B. ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE J. CHALLENGER Counsel for the Crown: J.A. Krupa Counsel for the Defendant: H.W. Chambers Place of Hearing: North Vancouver , B.C. Date of Hearing: June 22, 2015 Date of Judgment: June 22, 2015

[ 1 ] THE COURT: Mr. B. pleaded guilty to a charge of aggravated assault arising January 1st, 2014 in West Vancouver. He was arrested very shortly after the offence. He entered his plea March 27th, 2014, and was released on bail July 9, 2014. As I go through my reasons, I will be talking about what he's been doing since, including a brief relapse. [ 2 ] The circumstances of the offence are chilling, to say the least. It was the early hours of New Year's Day. Mr. B. dropped by a home. He was grossly intoxicated by alcohol.

I say so because he blacked out, and there is also no explanation for what he did on that day. He acknowledged once before in court that what he did that day could well be described as monstrous. [ 3 ] Mr. M., the complainant, was at home with his girlfriend. Mr. B. arrived. They visited without incident. Mr. B. left. He returned with a crowbar up his sleeve. He entered the home and attacked Mr. M. He hit him first across the head, and I infer from the injuries to Mr. M. that there were at least two blows to the head. He swung at him again, and Mr. M.'s girlfriend stepped in. Mr.

B. pushed her to the ground and then raised the crowbar as though he was going to hit her. Mr. M. intervened and was hit on one of his hands, causing a significant injury to one of his thumbs and splitting the skin. [ 4 ] They ended up on a bed. Mr. M. was fighting back against Mr. B. Mr. B. struck him again and hit the other hand. There also was a tear to one of Mr. M.'s ears as a result of an earring being torn out. Mr. M. was also struck on the leg and on the back. [ 5 ] Mr.

M. said they ended up moving into another room which had a concrete floor and there were sparks flying from the force of the crowbar hitting the floor. [ 6 ] Another male in the house was awakened and came to assist. Mr. M. ran away. His girlfriend ran away. Although Mr. B. followed him for a short time, he then stopped following. [ 7 ] Mr. M. went to the hospital. He received 17 or 18 stitches to one hand. For some reason, the Crown does not know why, Mr. M. did not receive any sutures to his head or to his other hand.

It appears he was uncooperative at the hospital. [ 8 ] He was contacted by the police in terms of victim impact. There is a passage in the pre-sentence report that said that the probation officer was unable to reach either Mr. M. or his girlfriend. However, Mr. M. had reported to the police on January 7 that he had never been so scared in his whole life and had not been able to sleep because of nightmares and a constant migraine.

However, we have no other information about his injuries and so there is no evidence before the court that any lasting injury was caused, although I am certainly prepared to infer that both he and Ms. G., his girlfriend, would have been traumatized significantly by the nature of the attack. [ 9 ] Mr. B., as I will get to, has a criminal history. He had been serving a lengthy sentence, in fact, a five-year sentence, which was imposed in February of 2008 for a break and enter, a robbery, and an unlawful confinement. It appears that all of those offences occurred on the same date and were part of the same incident.

He was sentenced in February of 2009 for a break and enter from January 29, 2007, which was an offence which predated the offence for which he received the five years, and he was given three years concurrent. [ 10 ] In any event, he had been recently released from that sentence at the time of this offence. His warrant expiry was in October of 2013. His release date was in August of 2013. [ 11 ] Mr. B. had not done well on parole. There are a number of parole violations noted in his record; five in total, over 2011 to 2015. [ 12 ] Mr. B. was taken into custody where he experienced an epiphany.

Using recovery language, perhaps he "hit bottom". While he was in custody, he undertook a number of programs, and he wrote a letter to the court as well as his own Gladue report. In the letter, he details the efforts he made to try and get help and participate in programming in the institution. The letter reflects that he was gaining insight into his behaviour and insight into why he drank in the first place and why he continued to drink, and the history of pain in his life. [ 13 ] I will just read one passage from this letter which is on page 6.

He says [as read in]: I had the last six months to reflect on my life and find my compassion and humility, to be peaceful, happy, and light in body and spirit, to be safe and free from anger, affliction, and anxiety, to learn to look at myself with eyes of understanding and love, to find a better way to be happy and joyful with myself, to identify and see the sources of anger, craving, and delusion in myself. I practise mindfully embracing my anger and looking deeply to see through to me.

So to my dearest Paul [and that would be the victim], I am truly sorry I hurt you out of my ignorance, out of my lack of mindfulness, and from my poor choices of that night, of my alcoholism and state of well- being. I practise every day on how to learn once again how to walk, to breathe, to walk in a way that peace and joy are possible. I practise to find peace, life, and compassion so I can live with freedom and joy in my life. [ 14 ] There is a presentence report in this matter which will be marked as Exhibit 3. It outlines some of Mr.

B.'s history which is also reflected in his own self-authored Gladue report. Like so many First Nations offenders, he was not able to gain any assistance in the preparation of such a report. EXHIBIT 3 (on Sentence): Presentence report, dated June 25, 2014 [ 15 ] THE COURT: Mr. B. is a member of the Squamish Nation through his mother. His father is Haisla from Kitimat area. Mr. B.'s upbringing - I won't belabour the point - was disruptive. There were family difficulties in that his parents were separated and he was shuffled between homes.

There was alcohol abuse, verbal abuse, physical abuse, all kinds of difficulties, all very typical of the kinds of

problems that have beset our First Nations people as a result of the assimilation policies. [ 16 ] Mr. B., at age 16, moved back to his mother's. He had already become dependent, if not an alcoholic, and dependent on crack cocaine, but somehow he graduated from high school. This is a theme for Mr. B. throughout his life.

Despite "his life spiralling out of control" he has nevertheless managed to graduate from high school, obtain skills, and work from time to time. [ 17 ] His primary issue, of course, is substance abuse, and his record reflects that substance abuse, which clearly is directly related to his upbringing and what we refer to as Gladue factors. [ 18 ] His record starts in 1990 with break and enter and mischief. In 1991, there are further property offences. He received probation. In 1991 he received his first jail sentence as a youth.

It was open custody in a facility which has now become VQ The Creek and where he is currently residing. There are various other property offences through 1991. Then in December of 1991, there is assault causing bodily harm. He received 30 days' open custody. There is a robbery in June of 1992. He received four months' open custody. Still as a youth, there is a break and enter. He received jail for two months. On November 9th, 1992, there is an assault with a weapon. He was jailed for three days. In July of 1993, there was an adult conviction for an assault.

He was given a 14-day intermittent sentence. [ 19 ] His first significant period of time in custody was in 1994 where he got a year for assault causing bodily harm and assault with a weapon. I assume that was one incident, as the sentence was concurrent. There was also a break and enter dealt with.

There is a fairly long hiatus between 1994 and 2005 where there are some offences for which he received shorter periods of jail. [ 20 ] In August 2005, he received a jail sentence of two years for B & E, robbery with violence, and mischief, and then we move on to the robbery, forcible confinement, break and enter for which he received the five-year sentence. [ 21 ] In the Gladue report that Mr.

B. authored himself, the most telling part has to be the answer to the question "Did you or a family member go to Indian Residential School?" "Yes, my grandpa J.B., my grandma A.M.B., my auntie B.C., my auntie G.H., my uncle B.B., and my uncle J.B.(1)." [ 22 ] The photographs of the victim entered by the Crown will be Exhibit 4. EXHIBIT 4 (on Sentence): Photographs of victim [ 23 ] Exhibit 5 will be a series of certificates showing what is reflected in Mr.

B.'s letter written in custody about how he managed to take virtually every course they offered through Corrections in the provincial system while he was there on remand. EXHIBIT 5 (on Sentence): Certificates re courses taken by accused while on remand [ 24 ] THE COURT: The next exhibits will be the certificates he has obtained since being released awaiting sentence. Exhibit 6 will be the certificates of completion of the Telmexw Awtexw -- the 78-day treatment program that he went to and completed on September 22, 2014, after his release. There are two documents there.

One is the card and one is the certificate. [ 25 ] THE CLERK: Exhibit 6. EXHIBIT 6 (on Sentence): Certificate of completion re Telmexw Awtexw program [ 26 ] THE COURT: He also was residing at a resource called Raven's Moon. He went there briefly before going to the treatment centre I have just referred to and then returned there after he completed treatment. We need to mark that. [ 27 ] Mr. B. was doing very well. However, in early January of 2015, he was exposed to alcohol consumption or drug use in the rehabilitation centre. He used alcohol on one occasion.

He had been doing sufficiently well in the resource that they permitted him to stay because he admitted it, and then shortly after, he relapsed and used cocaine. That was coincident with the anniversary of a child he lost while first in custody, and he then left the resource. He was no longer permitted to stay but did not turn himself in or report to his bail supervisor. [ 28 ] Instead, he went home and lived with his mother. He was out in the community without leave with a warrant outstanding from February 6 to 15th, but was actually in the community at large from January 23 to February 15th.

He went back into custody for a short period of time and then this court released him. I have been now dealing with Mr. B. since the time of his original bail hearing in January of 2014. [ 29 ] Since his last release, he has been residing at VisionQuest - The Creek, which appears to be a very suitable residence for him and where he has been doing extremely well. We have a letter from his probation officer indicating that he has been residing there and has been reporting as directed. There has been no information indicating any problems with his bail. That letter will be Exhibit 7.

EXHIBIT 7 (on Sentence): Letter from probation officer [ 30 ] THE COURT: There is a letter from the executive director and assistant director, which I can only say is a glowing reference from them about his performance at VisionQuest. The manager's comments are that he has demonstrated superior interpersonal skills. He is a natural leader and has a calming effect when dealing with issues or confrontations. He is hardworking. He only has to be asked once to assist in the upkeep of the camp. He has volunteered as a tutor and teaches three other clients, assisting them with their reading skills.

He is culturally active, and he is involved in the sweat lodge, is a fire keeper, and was planning aboriginal day celebrations. He has very positive plans for the future. [ 31 ] I have been told today that he intends to stay at VisionQuest for least a year because that is what they recommend as an appropriate period of time to ensure his continuing rehabilitation.

[ 32 ] There is a second letter from VisionQuest from Reverend David Price who has a BA, Masters in Divinity, and I am not sure what the EMDR-2 is, but he has been dealing with Mr. B. as a counsellor with respect to his shame and trauma and loss. Mr. B. has responded well to treatment. He has a deeper understanding of what causes him to act out antisocially and to abuse substances. He is working hard and showing prosocial attitudes and actions. [ 33 ] So those three letters will be the next exhibit. [ 34 ] THE CLERK: Exhibit 8, Your Honour. [ 35 ] THE COURT: Exhibit 8.

EXHIBIT 8 (on Sentence): Three letters [ 36 ] THE COURT: There is also a letter from a company known as The Employment Specialists, and when Mr. B. is able to work, there is day-to-day work available for him through that employment service. That will be Exhibit 9. [ 37 ] THE CLERK: Exhibit 9, Your Honour. EXHIBIT 9 (on Sentence): Letter fromThe Employment Specialists [ 38 ] THE COURT: Crown counsel, quite correctly, submits the range is between, I will say, 16 months to six years, because that is what I found in a recent case to be the range. At the time I did the bail hearing for Mr.

B., the Crown position was that four years would have been a sentence that was fit and proper and I would have agreed with that then. [ 39 ] Mr. Krupa now says, given the efforts that Mr. B. has made, that a sentence of two years less a day, less time served being the equivalent of nine months is appropriate. If my math is correct, that would be 15 months new time. [ 40 ] Of course, the Crown points to the need for general deterrence and denunciation of this kind of violence. I agree that the simple fact that Mr. B. was intoxicated does not mitigate this offence to any significant degree. The fact that Mr.

B. is a person with his particular aboriginal background and the fact that he was abusing alcohol in my view does not mitigate the offence except to the extent that it lessens his moral culpability for the offence. [ 41 ] The question is, what do we do when we have an offender who has made the efforts that Mr. B. has to turn his life around? [ 42 ] We could send him to jail but nothing would change either for him or anyone else in his community. However, now Mr. B. presents as someone who, if he is allowed to continue on the path he is on, will not likely come back before the courts.

More importantly, as he has now determined that he wishes to enter a helping profession and in particular one dealing with drug and alcohol counselling, he is someone who can contribute very meaningfully to his First Nations community, and to society at large. [ 43 ] I would describe him as having effectively turned his life around, and I do not mean to be facetious, from the inside out, literally and figuratively.

I discussed with him during the course of these proceedings the risk that he presented in committing the offence he did and how close he came to potentially killing one if not two people by wielding a crowbar. He mentions in his letter as well as in court today that he recognizes how close he came and that this has assisted him in realizing that he cannot go on in that way. [ 44 ] We heard here from one of the elders who worked at VisionQuest that Mr. B. is actively involved in healing circles with the elders. He is a supportive person with respect to new people who come into VisionQuest.

As I noted, he is helping with literacy. This was apparently an issue he identified and pursued and then trained and got a certificate. He is involved in almost daily spirit vows and prayers and encourages others to do that as well at The Creek. I gather he is a fairly valuable member of that community at present. [ 45 ] So we have the tension between my judicial duty according to the Supreme Court of Canada in Gladue and Ipeelee , and the need to denounce and deter this kind of gratuitous and very serious violence. [ 46 ] The recent case of R. v.

Hansen out of our Supreme Court, 2014 BCSC 625 , is of assistance and sets out in a very nice way what the courts can do in circumstances such as this and, in particular, where people have made exceptional strides forward in terms of their own rehabilitation. I won't read that into the record, but counsel for Mr. B. referred to one passage.

In particular, the passages I would rely on are at paragraphs 48 through to 57 which talk about innovative sentences and that if an innovative sentence can allow someone to take responsibility as well as address the other principles of sentence, then that is what the court has a duty to do when dealing with First Nations offenders. [ 47 ] With respect to the principles of sentence specifically, I have already found that Mr.

B.'s moral culpability for this offence is reduced as a result of his aboriginal background. [ 48 ] With respect to specific deterrence, rehabilitation, and protection of the public, I find that Mr. B. has made a sincere and, every indication is, lasting change in his life and he is well on his way to being a contributing and potentially very valuable member of his First Nations community if he pursues his role as a healer.

In my view, with appropriate support, and time, he will be able to get through this more tenuous time in his life in terms of his rehabilitation and recovery. [ 49 ] I also find that out in the community he can participate in restorative and reparative measures both within his community and at the recovery centre where he is currently doing so well. He will serve as an example to other members of the Squamish Nation and Tsleil-Waututh as someone who did turn their life around.

He can be a beacon of hope, if you will, in the community to show that even those with significant issues can overcome them and move on. [ 50 ] So with all of that on the one side and the need for denunciation and general deterrence on the other, I am satisfied that in these particular circumstances, despite the very serious nature of the offence and despite Mr. B.'s serious criminal history, that the time he has

served in custody to date, as well as a lengthy period of probation with significant restorative and reparative and rehabilitative terms, will serve all of the principles of sentence and, in particular, with respect to this aboriginal offender. [ 51 ] So Mr. B., if you will stand. [ 52 ] I am imposing at this time a one-day sentence and a suspended sentence for probation for three years. You may be seated. [ 53 ] THE ACCUSED: Thank you. [ 54 ] THE COURT: Well, Mr. B., what you have to understand is that you have earned this.

I would never have thought you would be here today at the time I dealt with you on bail in January 2014. I was frankly shocked when Sergeant Sanford attended in July to your sentencing and said she supported you being released into the community and that she was there to tell me that the Band and Corrections supported you. As it happens, happily, they appear to have been right. They saw something in you that told them you could make it. And I really do hope, because it is so necessary and it is so needed, that you pursue counselling as an occupation. [ 55 ] Madam Clerk, did we ever mark the record?

EXHIBIT 10 (on Sentence): Ministry of Justice JUSTIN conviction list for B., F. [ 56 ] And I say that, Mr. B., because there is so much need still for help for your people. Things are getting better for First Nations people, but there is still a lot of distress in the community, and the more people who can demonstrate that they can have a different life, and the more people who are around to help, who have the experience, who have the understanding, the better. [ 57 ] Mr. B., my experience is so different than yours.

I cannot even imagine what it has been like for you to do what you have done over the last year and a half. It has taken incredible strength. The thing you can always take with you is that if you can overcome an addiction and your trauma, you can do anything. It takes incredible strength of character to overcome that kind of dependency and to overcome the trauma and distress that you have experienced your whole life. So you can do it. There is no question.

And by coming to the conclusion I did today, I am telling you that I trust that you can, and I trust that you will take this sentence and the opportunity it is providing you seriously and we will not see you back here on breaches. If you do breach this, although it is suspended sentence, I can sentence you up to six months for a single breach. Do you understand that? [ 58 ] THE ACCUSED: Yes. [ 59 ] THE COURT: And that is one of the things that I have in my back pocket in terms of protecting the public. [ 60 ] THE ACCUSED: Mm-hmm. [ 61 ] THE COURT: If you relapse, you turn yourself in.

You call your probation officer. I am going to impose an abstinence term, and as long as that is in force you must turn yourself in. That will give me what I need to set you back on your feet so you can continue on your journey. Is that clear? [ 62 ] THE ACCUSED: Yes. [ 63 ] THE COURT: Do you trust me? [ 64 ] THE ACCUSED: Yes. [ 65 ] THE COURT: Okay. [ 66 ] So the terms of your probation are going to be -- oh, sorry, Madam Clerk.

The record will also reflect six months actual time served and enhanced credit of nine weeks. [ 67 ] So you will keep the peace and be of good behaviour and appear before the court when required to do so by the court. [ 68 ] You must report by telephone by no later than 4 p.m. tomorrow, June 23, 2015, to the probation offices at 100, 233 West 1st Street in North Vancouver, and report thereafter as and when directed.

They will send you back out to the Chilliwack office to report after that. [ 69 ] You will reside at a facility operated by VisionQuest Recovery Society and not change that address without the permission of the court. So you are going to have to come back and see me when you want to leave VisionQuest. [ 70 ] THE ACCUSED: Okay. [ 71 ] THE COURT: Okay?

Mostly because I just like to see you. [ 72 ] THE ACCUSED: Yes. [ 73 ] THE COURT: You must obey all the rules and regulations of the VisionQuest Recovery Society including any curfew. [ 74 ] You must abstain absolutely from the possession or consumption of alcohol or any drugs or substances scheduled in the Controlled Drugs and Substances Act save and except according to a medical prescription and then only according to the dosage

prescribed. [ 75 ] You will attend for, accept, and complete to the satisfaction of your probation officer any counselling to include but not limited to substance abuse treatment or anger management counselling. [ 76 ] You will attend the Warriors Against Violence program and complete same to the satisfaction of your probation officer. [ 77 ] You are not to be found in any premises such as a liquor store, bar, or pub where the primary commodity for sale is liquor. [ 78 ] You are to have no contact, direct or indirect, with P.M. or C.G.-T., save and except for participation in any victim offender reconciliation with their consent. [ 79 ] You are not to attend any residence, place of employment, or place of education at you which to know P.M. or C.G.-T. to reside, work, or attend. [ 80 ] You are not to possess any knives except for the immediate preparation or consumption of food or such knives as are necessary to carry out the duties of your employment at your place of employment, except that you may possess knives directly necessary for any cultural purposes such as carving or food gathering. [ 81 ] You are not to possess any weapons or imitation weapons as defined by the Criminal Code of Canada . [ 82 ] I think there will be a firearms prohibition. [ 83 ] MR.

KRUPA: Yes. [ 84 ] THE COURT: What is it, 110 for life? [ 85 ] MR. KRUPA: I believe so. [ 86 ] THE COURT: Do you ever do any hunting with firearms? [ 87 ] THE ACCUSED: No, I -- a long, long time ago.

I'll have to use a slingshot now, I guess, eh? [ 88 ] THE COURT: What's that? [ 89 ] THE ACCUSED: I'll have to use a slingshot? [ 90 ] THE COURT: Well, whatever it is, it is not going to be any firearm, crossbow, prohibited weapon, restricted weapon, imitation weapon, prohibited device, ammunition, prohibited ammunition, explosive substance, or all such things, and any related authorizations, licences, and registration certificates, and then following this sentence -- that is a probation term, but there is also going to be a firearms prohibition for life. [ 91 ] THE ACCUSED: Yeah. [ 92 ] THE COURT: Okay? [ 93 ] All right.

You are going to perform 240 hours of community work service under the direction of and to the satisfaction of your probation officer. That community work service is to be performed for the benefit of the Squamish Nation and is to be completed within the first 30 months of your period of probation. So that is lots of work, lots of hours; in fact, that is the maximum that I can impose. [ 94 ] I think 240, 250; what is the maximum? [ 95 ] MR. KRUPA: I don't know of a case that has gone to the maximum. [ 96 ] THE COURT: I think it is 240 for some reason. Anyway, it will be 240 hours of community work service. Okay?

So you are going to be able to do that by engaging in cultural practices -- [ 97 ] THE ACCUSED: Yeah, we already do that. [ 98 ] THE COURT: -- or maintenance. You are doing all that? Okay. Well, since you are going to be at VQ The Creek, your volunteer work there is considered part of the program, but can he leave and do work in that area? [ 99 ] UNIDENTIFIED FEMALE SPEAKER: We have been taking him down to the long house in Chilliwack where he -- [ 100 ] THE COURT: Oh, okay. [ 101 ] UNIDENTIFIED FEMALE SPEAKER: -- has done some volunteer work.

Would that be acceptable? [ 102 ] THE COURT: Yes. [ 103 ] UNIDENIFIED FEMALE SPEAKER: We could log that? [ 104 ] THE COURT: Yes. [ 105 ] UNIDENTIFIED FEMALE SPEAKER: Okay. Perfect.

[ 106 ] THE COURT: Okay. So it will be for the benefit of the Squamish Nation or at the direction of -- sorry, or for the long house program, and that is the Sto'lo long house? [ 107 ] UNIDENTIFIED FEMALE SPEAKER: Yes, it is. [ 108 ] THE COURT: Okay. For the Sto'lo long house program. S-t-o apostrophe l-o. [ 109 ] THE ACCUSED: Yes. [ 110 ] MR. KRUPA: It is 240 hours maximum. [ 111 ] THE COURT: Thank you. [ 112 ] All right. Does the Crown want any other -- [ 113 ] MR. KRUPA: DNA. [ 114 ] THE COURT: Yes. You will provide a sample of your DNA. Did you do that already on this?

Probably not. [ 115 ] THE ACCUSED: No. [ 116 ] THE COURT: Okay. So you will provide a sample of your DNA to the North Vancouver RCMP on any Tuesday or Wednesday. Is it West Van or? [ 117 ] MR. CHAMBERS: I'm just thinking, he's out closer to Chilliwack. [ 118 ] THE ACCUSED: I don't have a -- yeah, I'm in Chilliwack. [ 119 ] THE COURT: All right. And you are not coming in here? Okay.

So you will provide a sample of your DNA to the Chilliwack RCMP by no later than July 15, 2015. [ 120 ] Pursuant to s. 110, I have already stated the terms of the firearm prohibition, but that will also -- that is a separate order that attaches, and it will be for life. [ 121 ] THE ACCUSED: Sorry, I'm -- I'm allowed to carve, right? [ 122 ] THE COURT: Yes. [ 123 ] THE ACCUSED: Okay. [ 124 ] THE COURT: I have said that you can have a knife for the purposes of carving, and culture and food gathering. [ 125 ] THE ACCUSED: Yeah. [ 126 ] MR.

CHAMBERS: Thank you. [ 127 ] THE COURT: Anything else? [ 128 ] THE ACCUSED: Such as cleaning fish, right? [ 129 ] THE COURT: As cleaning fish. [ 130 ] THE ACCUSED: Yeah. Okay. [ 131 ] THE COURT: Anything else you need them for? Do you go out and collect roots or anything like that? [ 132 ] THE ACCUSED: I don't think -- [ 133 ] THE COURT: No? Okay. If for some reason you take that weaving and you need to go out and strip roots -- [ 134 ] THE ACCUSED: Yeah. [ 135 ] THE COURT: So any other terms that -- [ 136 ] MR.

KRUPA: No, Your Honour. [ 137 ] THE CLERK: Is the DNA mandatory or -- [ 138 ] THE COURT: Primary. [ 139 ] THE CLERK: Primary, all right. [ 140 ] THE COURT: I would think. [ 141 ] MR. KRUPA: Yes.

[ 142 ] THE COURT: All right. So do you have any other questions or anything, Mr. B.? [ 143 ] THE ACCUSED: No, not that I know of now, but I'm sure I will in due time. [ 144 ] THE COURT: Well, you can always ask Mr.

Chambers. [ 145 ] THE ACCUSED: Yeah. [ 146 ] THE COURT: And like I say, you are welcome to come back before the court if you need any kind of change in this sentence of any kind, okay, other than cancelling it. [ 147 ] THE ACCUSED: Yeah. [ 148 ] THE COURT: I am not just going to cancel it. [ 149 ] THE ACCUSED: Yeah. [ 150 ] THE CLERK: The probation is how long? [ 151 ] THE COURT: Three years. [ 152 ] THE ACCUSED: So it's a three-year suspended sentence or three years' probation? [ 153 ] THE COURT: It's the same thing. [ 154 ] THE ACCUSED: Oh, okay. [ 155 ] THE COURT: A suspended sentence is where there is no jail. [ 156 ] THE ACCUSED: Yeah. [ 157 ] THE COURT: I misspoke when I said a suspended sentence.

It's actually probation. [ 158 ] THE ACCUSED: It's probation, right? Okay. [ 159 ] THE COURT: So just keep in mind, too, depending on the breach, the Crown could proceed by indictment on that breach -- [ 160 ] THE ACCUSED: Yeah. [ 161 ] THE COURT: -- and you could get a significant period of time in custody. I do not want to say what I usually say, which is I never want to see you again because that is a good thing when you do not come back.

I would love to see you again. [ 162 ] THE ACCUSED: Yeah. [ 163 ] THE COURT: And you will come back at some point when you need to change your residence. [ 164 ] THE ACCUSED: Yeah. [ 165 ] THE COURT: But other than that, I wish you well, and I really sincerely hope that this is your last go-around with the courts and that you go on to do what you have the promise to do. Okay? [ 166 ] THE ACCUSED: Yes. [ 167 ] THE COURT: Good luck, Mr. B.. [ 168 ] THE ACCUSED: Thank you. [ 169 ] MR. CHAMBERS: Thank you, Your Honour. [ 170 ] THE CLERK: Your Honour, Count 2 and 3. [ 171 ] MR.

KRUPA: Crown directs a stay of proceedings. [ 172 ] THE CLERK: Thank you. [ 173 ] THE COURT: All right. Thank you everyone who came and sorry to keep you late. (REASONS FOR SENTENCE CONCLUDED)