R. v. Carmichael Date:, 2017 BCPC 269

Citation: R. v. Carmichael Date: 20170622 2017 BCPC 269 File Nos: 64389-1; 64647-1 Registry: North Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. TERRY WILLIAM CARMICHAEL ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE J. CHALLENGER Counsel for the Crown: V. Hanna Counsel for the Defendant: H.W. Chambers Place of Hearing: North Vancouver , B.C. Date of Hearing: June 22, 2017 Date of Judgment: June 22, 2017

[ 1 ] THE COURT: I do not know how much copper, Mr. Carmichael, you got by stripping the HVAC system, a functional HVAC system, but I suspect it was nowhere near what it will cost to have those units fixed. You have heard there was $30,000 damage. What were you going to get for the copper, a hundred bucks, if that? [ 2 ] THE ACCUSED: Maybe. [ 3 ] THE COURT: So you can understand it that business owner was outraged that somebody would do that much damage. They cannot even run their business without that system up and running. So who knows how much else you have cost them down the line.

It just does not make any sense to cause that much damage for that little profit. So that is a serious offence. [ 4 ] I have considered your record and the circumstances and, in particular, that you had been seeking the assistance of Dr. Baughen before being arrested and brought into custody. That bodes well in terms of your sincerity and your desire to do something about this. The fact that you do have a good place to live with your parents, that there will be a child there, your own child, and will serve as a motivation to continue your treatment and stay clean.

Then, hopefully, we will not see you back before the court again. I suspect, sir, that if you are caught dismantling functional things such as HVAC systems again simply to strip a small amount of metal, the court is going to have to respond seriously. I remember a fellow in New Westminster, we eventually sent him to jail for a year. He just would not stop. [ 5 ] So I will grant you a conditional sentence order.

It will be for a period of nine months. [ 6 ] The terms will be that you will keep the peace and be of good behaviour. [ 7 ] You are to appear before the court when required to do so by the court. [ 8 ] You are to remain with the Province of British Columbia unless written permission to go outside the province is obtained from the court or your conditional sentence supervisor. [ 9 ] You must report in person by no later than 4:00 p.m., June 26th, 2017, to a supervisor at 100, 233 West 1st Street in North Vancouver and report thereafter as and when directed. [ 10 ] You will reside at the home of your parents at [redacted] in North Vancouver, British Columbia, and not change that address without their prior written permission. [ 11 ] You will 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. [ 12 ] For the first 90 days of your conditional sentence, you will be bound by a house-arrest curfew.

You must be continually inside your place of residence save and except for attending to any medical emergencies for yourself or any member of your immediate family.

Your supervisor may give you written permission -- or, sorry, or for reporting to your supervisor as your supervisor requires. [ 13 ] Your supervisor may give you written permission to be outside your residence for the purposes of attending directly to the North Shore Health Connection Program, remaining at that program, and returning immediately home thereafter; attending to any counselling or other programming approved of; and completing your community work service hours. [ 14 ] Your supervisor may give you written permission to be outside your residence for the purpose of engaging in any exercise program for up to two hours each day. [ 15 ] Is there any other reason that he would be out? [ 16 ] MR.

CHAMBERS: Yes. He will have that weekly appointment with Dr. Baughen. [ 17 ] THE COURT: Is that not the North Shore Health Connection Program? [ 18 ] MR. CHAMBERS: I do not believe -- oh, okay. [ 19 ] THE COURT: Is that all part of one? Okay, so I will say Dr. Baughen, and it is B-a-u-g-h-e-n; was that was it was? [ 20 ] MR. CHAMBERS: Just have a moment, Your Honour, I may have it written down here somewhere, B-a-u-g-h-e-n -- [ 21 ] THE COURT: E-n, all right, and -- [ 22 ] MR.

CHAMBERS: -- and he will also need to attend daily at a pharmacy for purposes of taking his medication. [ 23 ] THE COURT: Okay, right, and/or Dr. Baughen's office. So that will be to attend directly to the program and/or Dr.

Baughen's office and/or a pharmacy for the purpose of receiving your slow-release morphine medication. [ 24 ] So does that take care of all of the other issues? [ 25 ] For the balance of your conditional sentence, you will be bound by a curfew of 10:00 p.m. to 6:00 a.m. daily. [ 26 ] You must present yourself at the door of your residence immediately upon the demand of any peace officer or your conditional sentence supervisor to determine compliance with the curfew condition of this order.

[ 27 ] You will attend for, accept, and complete to the satisfaction of your supervisor any counselling to include, but not limited to, substance abuse management counselling. [ 28 ] You will perform 50 hours of community work service under the direction of and to the satisfaction of your supervisor and complete those hours within the first six months of your period of conditional sentence. [ 29 ] You will then be placed on probation for a period of 12 months.

The terms of that will be that you will keep the peace and be of good behaviour and appear before the court when required to do so by the court. [ 30 ] You must report in person within 72 hours of the conclusion of your conditional sentence to a probation officer at 100 - 233 West 1st Street, in North Vancouver and report thereafter as and when directed. [ 31 ] You must reside as directed by your probation officer and not change that address without their prior written permission. [ 32 ] You will 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. [ 33 ] You will attend for, accept, and complete any counselling or other programming including attending at the North Shore Health Connection Program or to the office of Dr.

Baughen and complete same to the satisfaction of your probation officer. [ 34 ] You are not to attend -- sorry, did I include any no-gos on the CSO? I think I forgot that. [ 35 ] MS. HANNA: No, Your Honour. [ 36 ] THE COURT: All right. So you are not to attend to the 700 block - and this is on both orders - of East 3rd Street in North Vancouver; the 700 block of Marine Drive in North Vancouver, except when in transit; or the unit block of Bewicke Avenue. [ 37 ] You are not to attend any Standard Building Supply premises, and is that then everything on both orders? [ 38 ] MS.

HANNA: There are no tools, Your Honour. [ 39 ] THE COURT: Oh, yes. You are not to be found in possession of any tools outside your place of residence or place of lawful employment. [ 40 ] MR. CHAMBERS: And Dr. Baughen's office have requested that they be able to discuss Mr. Carmichael's situation with the conditional sentence -- [ 41 ] THE COURT: Oh, you were suggesting sort of a Rogers . [ 42 ] MR. CHAMBERS: Well, or at least if Your Honour perhaps put in that he is to provide written consent to Dr. Baughen's office of permitting them to discuss Mr.

Carmichael's case with the conditional sentence supervisor? [ 43 ] THE COURT: All right. You will provide your written permission to your probation officer to discuss your participation in the North Shore Connection Program or treatment by Dr. Baughen. You will provide Dr. Baughen a copy of this order. Sorry, so he should provide written permission to both offices, I think. So if I just -- I just say he -- [ 44 ] MR.

CHAMBERS: I do not know that he has to do that because I do not think probation -- this -- the sentence -- the conditional sentence supervisor does not need his consent to speak to somebody else about his situation, but the doctor will not be able to talk to Mr. -- [ 45 ] THE COURT: Okay. [ 46 ] MR. CHAMBERS: -- to talk to the CSO supervisor without Mr. Carmichael -- [ 47 ] THE COURT: Okay. So you will provide a consent release to the office of Dr. Baughen permitting them to discuss your progress with your conditional sentence supervisor or probation officer, and you will provide Dr.

Baughen's office with a copy of your conditional sentence order and probation order. [ 48 ] Is that everything? [ 49 ] MR. CHAMBERS: I think that is everything other than the -- [ 50 ] THE COURT: The -- [ 51 ] MR. CHAMBERS: -- victim fine surcharge which I would ask Your Honour to find payable forthwith, find him in default, and one-day concurrent. [ 52 ] THE COURT: Yes. [ 53 ] MS. HANNA: And these convictions do attract the DNA provisions of the Criminal Code -- [ 54 ] THE COURT: All right, I will order -- [ 55 ] MS. HANNA: -- all three [indiscernible/overlapping speakers].

[ 56 ] THE COURT: -- that he provide a sample of his DNA by attending to the North Vancouver RCMP any Tuesday or Wednesday between 1:30 and 3:30 and to do so by no later than Wednesday, July 12th. [ 57 ] MS. HANNA: And I will direct the clerk to enter stays of proceedings on the outstanding counts on Information 64647. [REASONS FOR SENTENCE CONCLUDED]