R. v. B.C.W., 2021 BCPC 299

Citation: R. v. B.C.W. 2021 BCPC 299 Date: 20211201 File Nos: 30186-1, 30186-2-A, 30186-3-A, 30186-4-A, 30186-5-A, 30186-6-A, 30727-1, 30727-2-A, 30921-1 Registry: Prince Rupert IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. B.C.W. ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE D. PATTERSON BAN ON PUBLICATION: 486.4 CCC Counsel for the Crown: A. Thomas Counsel for the Defendant: J. McCarthy Place of Hearing: Prince Rupert , B.C. Date of Hearing: December 1, 2021 Date of Judgment: December 1, 2021 [ 1 ] These are my reasons for sentence.

Some of the details within my reasons for sentence are graphic and may be difficult to read and/or listen to and, by repeating them in my reasons for sentence, I mean no disrespect in any way, shape, or form to the victims of the crimes or to B.C.W. herself, but I think it is important that the court be explicit and blunt in order that people can understand how it is that the court has come to the conclusion it has in this particular case.

[ 2 ] In his book, Bad Judgment - The Myths of First Nations Equality and Judicial Independence in Canada , retired Alberta Provincial Court Judge John Reilly makes an astute observation on page 5 that holds true in B.C.W.'s case: One of the most important lessons I learned during my efforts to improve the delivery of justice to Aboriginal people is that "same" is not "equal." When you treat people who are unlike as it they are alike, you are practicing systemic discrimination. You can achieve true equality when you take account of the differences.

The most common symbol of Justice is a blindfolded woman holding a set of scales. The scales of course are the judicial system: everything in favour of the offender goes on one side; everything against him goes on the other. When everything is properly weighed, a decision will be made for or against the accused. But what do we do if the scales are weighted against the accused before we even start? We either take weight off the heavy side or we put some on the light side, or perhaps a little of each, to bring them into balance.

In the case of Aboriginal offenders we can unweight the heavy side by acknowledging the inherent bias in the system, or we can weight the light side by acknowledging the right of these offenders to be treated differently. This is not to give the Aboriginal accused an unfair advantage but rather to give them equality by taking away disadvantage.

Reilly, John, 2019, Bad Judgment - The Myths of First Nations Equality and Judicial Independence in Canada , Calgary, Rocky Mountain Books Ltd. [ 3 ] B.C.W. is before me for sentencing on Information 30186-1, Information 30186-2-A, Information 30727-2-A, Information 30727-1, and Information 30921-1.

In relation to Information 30186-1, on March 17, 2021, she entered a guilty plea to the following count: Count 1: B.C.W., on or about the 12th day of August, 2019, at or near Prince Rupert, in the Province of British Columbia, did, for a sexual purpose, touch, directly or indirectly, with a part of her body or with an object, the body of I.W., a person under the age of sixteen years, contrary to

Section 151 of the Criminal Code . [ 4 ] In relation to Information 30186-2-A, earlier today, B.C.W. entered the following guilty plea to Count 1: B.C.W., on or between the 18th day of December, 2019, and March 10, 2021, at or near Prince Rupert, in the Province of British Columbia, being at large on a release order dated October 1, 2019, did fail to comply with the curfew/house arrest condition of that release order, contrary to Section 145(5) (

a) of the Criminal Code . [ 5 ] In relation to Information 30727-2-A, B.C.W. entered a guilty plea in front of me earlier today to Count 1: B.C.W., on or about the 20th day of November, 2021, at or near Prince Rupert, in the Province of British Columbia, being at large on a release order, did fail to comply with the condition of that release order by failing to reside at Tse Koo Huba Yoh, 1139 2nd Ave, Prince George, British Columbia, contrary to Section 145(5) (

a) of the Criminal Code . [ 6 ] In relation to Information 30727-1, back on June 1, 2021, B.C.W. entered a guilty plea to Count 1 which reads: B.C.W., on or about the 28th day of February, 2021, at or near Prince Rupert, in the Province of British Columbia, did take a motor vehicle, to wit: a black Mazda 3, without the consent of Harry Temple, the owner thereof, with intent to drive it, contrary to Section 335(1) of the Criminal Code . [ 7 ] Finally, on Information 30921-1, B.C.W. entered a guilty plea earlier today in front of me to Count Number 1 which reads: B.C.W., on or about the 29th day of May, 2020, at or near Prince Rupert, in the Province of British Columbia, did assault Constable McCormick, with intent to resist the lawful arrest of herself, contrary to Section 270(1) (

b) of the Criminal Code . [ 8 ] I should indicate for the record that, on all informations, the BC Prosecution Service has proceeded summarily. [ 9 ] This is a joint submission on sentence. The Crown and B.C.W. have come before the court today with a joint submission on sentence. As set out in the Supreme Court of Canada decision of R. v. Anthony-Cook , 2016 SCC 43 , I must apply what is commonly referred to as "the public interest test” in deciding whether I agree to the joint submission or if I will depart from it.

I may only depart from the joint submission if the proposed sentence would bring the administration of justice into disrepute or if the proposed sentence is otherwise contrary to the public interest. At paragraph 34 of Anthony-Cook , the court had this to say: . . .

Rejection denotes a submission so unhinged from the circumstances of the offence and the offender that its acceptance would lead reasonable and informed persons, aware of all the relevant circumstances, including the importance of promoting certainty in resolution discussions, to believe that the proper functioning of the justice system had broken down. . . THE FACTS [ 10 ] In relation to Information 30186-1, the facts are as follows. On August 12, 2019, at approximately 6:13 p.m., B.C.W. called police to report that she had been the victim of a crime.

She reported that she had been drinking alcohol early in the day and estimated that she had consumed at least two litres of a cooler beverage. She then went to Downtown Prince Rupert in order to purchase a bottle of vodka with her children, S.W. and M.W. An acquaintance was outside the liquor store and tried to convince B.C.W. to have a beer with him.

B.C.W. explained to the police that she knew this man had assaulted one of her friends and so she told him that she did not want him to be around her children or herself. [ 11 ] B.C.W. then proceeded to walk in the direction of her home, but the man followed her as she pushed the stroller and her daughter ran ahead. B.C.W. stated that the man then put his hands on the stroller and navigated her away from the street and down into a trail. She

asked him to remove his hands from the stroller, but he refused. She explained that she became fearful for her safety and, as such, did not want her children to notice. She called to her daughter and told her they were going to go down the trail. [ 12 ] While they were walking on the trail, the man began to try to put his hands down the back and front of B.C.W.'s pants. Her daughter was running up ahead and was looking for salmon berries. B.C.W. reported that the man then kneeled on the ground, put his face near her genital area, and attempted to remove her pants.

He was reportedly trying to lick her genitals and he insert his finger inside her. B.C.W. pushed him away and wanted to flee, but felt trapped because she could not abandon her children. She also did not want her children to witness her hurting another person or to see that she was being hurt. [ 13 ] She kept telling the man to leave her alone and was trying to create distance from him by walking faster. B.C.W. covertly dialled 911 on her mobile telephone while all this was happening.

Throughout this interaction, in order to cope with her fear, she was drinking from the bottle of vodka that she had purchased from the liquor store. The man continued to follow her until the trail ended by the Anchor Inn, where she told him she was taking her children to the store. She indicated to police where she was and the police met her at the Anchor Inn, where she gave the police her statement. [ 14 ] While she was in the process of giving her statement to the police, her older daughter began playing with another girl at the store, I.W., age eight.

B.C.W. described being very upset and distraught after the incident, but that she wanted to make herself seem okay for her children. She felt angry with herself and she felt like it was happening again, in reference to the childhood sexual abuse that she had suffered as a child. [ 15 ] At some point after finishing with the police, B.C.W. left her two children and went with the young I.W. to an abandoned residence.

Either shortly before this happened or while they were travelling to the abandoned residence, B.C.W. video-chatted over Facebook with I.W.'s mother and told her of her plans to spend time with the children. She also asked for and received permission from I.W.'s grandmother to allow I.W. to go berry-picking at the park with her children and her. [ 16 ] At some point, I.W. told B.C.W. that she wanted "love", apparently in reference to her classmates.

Regardless of how B.C.W. took that remark, whether she misinterpreted it or whether she simply ignored it, B.C.W. took I.W. into the abandoned house, leaving her two children unaccompanied at the park, and B.C.W. told I.W. to lie on the ground. B.C.W. got on top of I.W. and began licking her stomach. B.C.W. told I.W. that she wanted I.W.'s “titty” in her mouth right now and proceeded to pinch I.W.’s breasts. B.C.W. also kissed I.W. on the mouth and bit I.W.’s tongue. I.W. told B.C.W. "only one lick" as she wanted to go home.

B.C.W. pulled down I.W.'s pants and started licking I.W.’s labia. [ 17 ] I.W. tried to scream and run, but B.C.W. held her down, covered her mouth, and told her to be quiet. B.C.W. stuck her finger inside I.W.'s vagina. I.W. managed to get loose and run away, but during the altercation, her pants ripped.

I.W. noted that as she attempted to get away from B.C.W., B.C.W. hit her on the front of her crotch and said, "If you F me, I will F you," in addition to threatening to kill I.W.'s parents and family. [ 18 ] I.W. returned home where she appeared panicked to her grandmother and she told her grandmother that “they had to move” and then she told her grandmother about the sexual assault. Her grandmother took I.W. to the hospital to be examined. [ 19 ] In relation to Information 30186-2-A, the facts are quite simple.

B.C.W. was subject to a release order dated October 1, 2019, which had a curfew and house arrest condition. On December 18 and December 25 of 2019 as well as March 7 and April 26 of 2020 and on March 10 of 2021, B.C.W. was not home when the police came by for curfew checks. [ 20 ] In relation to Information 30727-2-A, B.C.W. was under a new release order. One of the conditions of the release order was that B.C.W. reside at the Tse'Koo Huba Yoh treatment facility in Prince Rupert, British Columbia.

In early August of 2021, B.C.W. left the residence and remained off the police radar until she was arrested on the 20th of November of 2021. [ 21 ] In relation to Information 30727-1, on February 28, 2021, at about 4:54 p.m., Harry Temple contacted the RCMP and reported that his black Mazda3 motor vehicle had been stolen, probably by B.C.W., as she had been at his house and had been drinking.

At about 5:54 p.m., one of his daughter’s friends called to report seeing his car in a ditch on the highway leaving Prince Rupert and, at 6:20 p.m., the RCMP located the vehicle in a ditch off the highway leaving Prince Rupert. [ 22 ] In an unrelated event at 8:54 p.m. that same evening, the RCMP received a call of suspicious circumstances which turned out to be a fire in a carport at a residence. When the police attended, the attending police officers saw smoke and two human feet sticking out from behind some coverage. One of the police officers yelled out, "Police.

Who's there?" and B.C.W. replied, "B." She came out. The police officer recognized her. The police officer was aware that B.C.W. was wanted and arrestable for the stolen car a few hours earlier. [ 23 ] B.C.W. was arrested. The police officer noted that B.C.W. appeared impaired by a narcotic and that she had alcohol on her breath. B.C.W. was sweating profusely and the police noted drug paraphernalia. The police also noted that B.C.W. was very cooperative. Later, video evidence was recouped from the residence of Mr.

Temple showing B.C.W. getting into and driving away in the stolen Mazda3 motor vehicle. [ 24 ] In relation to Information 30921-1, an incident on the 29th of May of 2020, B.C.W. was hanging out at an area in Prince Rupert known as "The Slab”. This is an area by the Anchor Hotel and it has a cliff, made of a slab of granite, with about a 20-foot or so drop. B.C.W. was drinking alcohol there and the police received a report of people drinking alcohol in the area.

Police attended with the intention of ticketing the loitering people for consuming alcohol in a public area. [ 25 ] One or more of the police officers were aware that B.C.W. had outstanding warrants for breaches of her release order and so one police officer made a verbal arrest, telling B.C.W. that she was under arrest for the breach of the release order. B.C.W. apparently did not like being told that and she charged the police officer, Constable McCormick, grabbed onto her, and Constable McCormick was fearful that she would fall over the ledge.

A second police officer assisted Constable McCormick and, ironically enough, B.C.W. then fell over the ledge, injuring herself so severely that she was in hospital until July of 2020.

[ 26 ] Those are the circumstances of the offences.

PRE-SENTENCE REPORT AND PSYCHOLOGICAL ASSESSMENT [ 27 ] I am going to quote from both the presentence report and the psychological assessment at some length, as I believe the authors of these two reports have done an excellent job of surmising B.C.W.'s life, the realities of her existence, many of the issues which not only B.C.W. but other members of the various First Nations in this part of British Columbia face on a daily basis, and the inadequacies and the failures of public health, the Ministry of Family and Child Development, and government policy, to assist First Nations people like B.C.W. [ 28 ] B.C.W. is of Tsimshian descent and is a registered status member of the [omitted for publication] Nation, which is the [omitted for publication] community.

B.C.W. belongs to the [omitted for publication] Clan. She has six children. She moved around a lot as a child and she grew up in a dysfunctional situation. She spent some time with her mother. She spent far too much time in foster care. She had her first involvement with the Ministry of Children and Family Development at the age of two, when she was apprehended and removed from the family home. [ 29 ] The presentence report has an excellent Gladue component to it.

On page 11, under the title "Sentencing Considerations for Indigenous Offenders," starting at the second paragraph, probation officer Kait Whiteley had the following to say: The story of Gitxaala is filled with a history of dislocation and isolation, racism, violence as well as enduring a constant state of poverty. These factors combined have culminated into the current crisis of highly disproportionate rates of Tsimshian members encountering the criminal justice system. Indigenous peoples' involvement in the criminal justice system is intimately tied to the legacy of colonialism.

Poverty and other incidents of social marginalization have contributed to the collective experience of the Tsimshian People. The isolation from Indigenous lands was just the beginning in a long series of government policies focused on assimilation and eradication of Aboriginal identity. With the forced imposition of the Eurocentric worldview, the Tsimshian People were marginalized not only within the Western system but also within their own communities as their traditional roles and places within the Tsimshian society was uprooted and they in turn were displaced.

The most prominent feature of the Tsimshian history is the forced imposition of the residential school system. The residential schools were created for the purpose of separating Indigenous children from their families, in order to minimize or weaken family ties and cultural linkages, and to indoctrinate children into a new culture. The Tsimshian children were forced to attend the schools. The children were removed from their families and communities, often by use of force and/or threat of incarceration if the parents failed to comply.

At the schools, the children's collective and individual identities were attacked, and they were told that they as a people were worthless. They were prohibited from practicing their spiritual ceremonies and forced to renounce their traditions and adopt the ways of the Western culture, not only in language and dress but in every manner of being.

The policies were in existence for over a century in order to eliminate Indigenous governments, ignore Indigenous rights, terminate the Treaties; and then through a process of assimilation, cause Indigenous peoples to cease to exist as distinct legal, social, cultural, religious, and racial entities in Canada. The establishment and operation of residential schools were central elements of this policy, which has been described as cultural genocide. For children, life in the schools was lonely and alien. Buildings were poorly located, poorly built, and poorly maintained.

The staff were limited in numbers, often poorly trained, and not adequately supervised. Discipline was harsh, and daily life was highly regimented. Indigenous languages and cultures were denigrated and suppressed. The educational goals of the schools were limited and confused, and usually reflected a low regard for the intellectual capabilities of Indigenous people. For the students, education and technical training too often gave way to doing the chores necessary to make the schools self-sustaining.

Child neglect was institutionalized, and the lack of supervision created situations where students were subject to sexual and physical abuse. For many Tsimshian individuals, it is the legacy of the Residential School system that has forced them to leave their home communities in search of a better life for themselves and their children. However, once in the city they may find themselves contending not only with the issues that forced them to leave (such as domestic violence and poverty) but also racial discrimination and issues of isolation and dislocation.

Whether they reside in an urban or rural community, the collective experience of Indigenous People is one that is fraught with many social injustices.

The effects of the Residential School system have been intergenerational, its legacy has been one of violence including: physical, sexual, mental and emotional abuse; alcoholism, drug and solvent abuse; extreme poverty; low education rates; high unemployment rates; loss of identity; high suicide rates; loss of parenting skills with a high number of Indigenous children in the child welfare system; secondary to a gross over-representation in the criminal justice system.

European contact helped to undermine traditional values and practices in Indigenous communities, such as those related to justice, equity and respect. One outcome of contact, perhaps the most devastating, was the breaking down of traditional norms, standards and enforcement mechanisms within Indigenous communities. This created conditions that allowed the incidences of sexual abuse and violence to grow unchecked, since the resources available within the community to deal with the abuse were greatly diminished.

The undermining of traditional Indigenous practices and beliefs, particularly through the establishment of reserves and residential schools, left many communities without even a basic way of teaching community members about healthy living. The result was often a lack of proper sexual education. Providing healthy role models was also an important educational tool, but this also became difficult as community cohesiveness began to deteriorate. Thus, the colonizing process that began hundreds of years ago is a root cause of many problems in Indigenous communities today.

B.C.W. indicates that she has experienced a disconnect from her culture stemming from her involvement in the child welfare system at an early age. While in her parent's custody, B.C.W. reports attending a few feasts in [omitted for publication], but aside from those occasions, no other cultural events, or links to her indigenous community. C.J., B.C.W.'s paternal grandmother, reports that herself and her husband, B.C.W.'s grandfather, both attended residential schools in Port Alberni and Edmonton. She indicates that they both experienced physical, sexual and emotional abuse while in attendance at these schools.

B.C.W. acknowledges the impact that the residential school system has had on her own life as well as its generational impact within her family. B.C.W. report's that her maternal grandfather, R.S., also attended residential schools, but was uncertain as to which location. She states that R.S., was convicted of incest in 1985 for the sexual assault of her mother, J.S. R.S.'s corrections file further indicates upon his release he was again convicted of incest in 1996 against his younger daughter, K.S. In 2000, R.S. was again charged with the sexual assault of three (3) underage girls in [omitted

for publication], one being his niece. B.C.W. reports that the maternal side of her family have experienced cycles of generational sexual abuse, which she associates to the impact of the trauma endured by family's involvement in the residential school system. As previously mentioned in this report, B.C.W. reported to being sexually abused by her maternal uncle, V.S. In review of R.S.'s community corrections file, he reported multiple incidents of being sexually abused by his paternal uncles at a young age. In

summary of these findings, B.C.W.'s historic and present family dynamic suggests extensive intergenerational trauma, resulting in reports of physical and sexual abuse, as well as exposure to substance use within the family and extended family home. [ 30 ] A few quotes from page 3 of the psychological assessment prepared by Sarah Coupland, Ph.D., Registered Psychologist, with the Forensic Psychiatric Services Commission.: B.C.W. described her upbringing as being marked by a number of adversities, including sexual abuse, parental substance use and mental health problems, early parental death, and placement in the foster care system.

She reported that she was born in Terrace, British Columbia, but that she moved between Terrace, Prince Rupert, and [omitted for publication] throughout her childhood. She explained that her parents were young when she was born (i.e., her mother was 18 and her father was 21-years-old), and that they were using alcohol and other substances heavily. She indicated that she was first apprehended into care of the Ministry of Children and Family Development (MCFD) when she was approximately two-years old. She thought she spent her early childhood years oscillating between her parents' care and foster care placement.

When she was 11-years-old, she was placed on a continuing custody order (i.e., she became a permanent ward) with MCFD. When asked about her time in her parents' care, B.C.W. relayed that her parents "tried really hard to be normal, despite all the things they were going through." She detailed witnessing extensive intimate partner violence between her parents, including times wherein her father assaulted her pregnant mother. At times she would intervene in the assaults (i.e., trying to stop her father or contacting police), which led to her being physically banned.

B.C.W. was the eldest of five children and she has two brothers and two sisters. She related that she was often the primary caregiver for her younger siblings as her parents would disappear for several weeks at a time. B.C.W. disliked foster care and explained how she would try to avoid apprehension by bringing her siblings to her aunt's home in order to give the illusion that a responsible adult was caring for them. B.C.W. reported that she was sexually abused between the ages of six- to 11-years-old by a maternal uncle.

This abuse would occur when she stayed with her grandmother, and that her uncle would sexually touch her while she was sleeping. She recalled one incident wherein she awoke to him attempting to have penetrative sex with her, though she was able to escape. She disclosed the abuse while she was residing in foster care, which led to a police investigation. However, she thought the investigation concluded because her grandmother told police that B.C.W. had fabricated the story. When asked about the impacts that this sexual abuse had upon her, B.C.W. described feeling fearful and helpless.

She explained that her grandmother held the distorted belief that her daughter (B.C.W.'s mother) had "stolen" her husband (B.C.W.'s grandfather), and that she had wanted to be sexually abused. When B.C.W. confronted her grandmother, her grandmother responded by saying that she was not going to allow B.C.W. to "take her son from her." This incident led to a significant rift in their relationship. As an adolescent, B.C.W. resided in three foster homes in Prince Rupert.

She detailed that she frequently ran away from these placements, which she attributed to her desire to use substances and wanting to be with her family. Her mother died in 2009 when B.C.W. was 21-years-old. Though she was unsure of the exact cause of her mother's death. she knew her mother had suffered from alcoholic cirrhosis of her liver but also noted that her mother had been abusing opiates. She indicated that her father died by suicide approximately seven months after her mother died. [ 31 ] Page 6 under the heading "Sexual Development and Sexual Functioning", Dr.

Coupland stated: B.C.W. expressed the opinion that she first learned about sex through her early childhood sexual abuse. In addition to her intrafamilial childhood sexual abuse, she reported that when she was 11-years-old she was sexually assaulted at a party. She explained that a 24-year- old man had invited her to the party, plied her with alcohol, and had forced vaginal intercourse with her. She estimated that she began puberty when she was approximately 10-years-old, which was when she first began menstruating. [ 32 ] On page 7, under the heading “Relationship and Sexual History”, Dr.

Coupland stated: B.C.W. reported that her current relationship, with G.L., began when she was 22-years-old and he was 55-years-old. He reportedly worked as a longshoreman and offered to pay for her substance use so she would not need to engage in prostitution. [ 33 ] On page 8, under the heading “Medical Health History”: A full narration of B.C.W.'s medical history is outside the scope of the present assessment. A review of her medical records suggests that she has a number of chronic health concerns, the majority of which appear to be consequences of her substance use. The following is provided as a brief

summary of her most significant medical problems. [ 34 ] Page 9 under the heading "Mental Health History": . . . B.C.W. expressed the opinion that she has had life-long struggles with depression. She reported that she had been prescribed antidepressants during her adolescent years, which she had found helpful. She recalled briefly seeing a counsellor while in one of her foster care placements, though was unable to remember the nature or length of treatment. She first experienced suicidal ideation when she was 17-years-old.

She explained that at the time her siblings had been moved to a different foster care placement out of town and her parents had formally separated. B.C.W. described being arrested for being under the influence of alcohol and that while in a holding cell she tried to hang herself with her bra. She lost consciousness and awoke to paramedics attending to her. She attempted suicide again shortly thereafter while in a treatment facility in Mission. She indicated that she tried to overdose on sleeping medication.

B.C.W. reported that her father died by suicide shortly thereafter, and she felt compelled to focus on living in order to be there for her children as she did not want them to experience the same grief she felt. B.C.W. reported that she most recently experienced suicidal ideation shortly after the index offence in August 2019. She explained that

the gravity of the charges and the potential impacts it would have on her ability to care for her children left her questioning whether she wanted to live. When asked how she coped with this, B.C.W. iterated that her social worker had been very supportive and provided her with goals on how she could regain access to her children.

She denied experiencing any recent suicidal ideation and expressed a positive outlook about the future. [ 35 ] Page 11 at the bottom: B.C.W. reported that she could not recall anything after having provided her statement to police and expressed that her next memory was of navigating her stroller home with her children in the dark. When asked whether she thought she sexually assaulted I.W., B.C.W. stated that she was unsure but she did not want to doubt the victim's account because she remembered how hurtful it was to her when her grandmother had called her a liar after disclosing her own sexual abuse.

B.C.W. speculated that there was possibly a link between the sexual assault she experienced in the hour preceding her offending and the nature of the offending, as the behaviour she reportedly engaged in was similar to what was allegedly perpetrated against her. B.C.W. appeared to express genuine remorse and became quite emotional when discussing the potential impacts of her actions on the victim. [ 36 ] Page 14: Based on the above information, B.C.W. meets criteria for Posttraumatic Stress Disorder (PTSD) stemming from the repeated sexual and other traumas she has experienced throughout her lifetime.

Since that time and to this day, she experiences recurrent involuntary, and intrusive distressing memories which have included dissociative reactions (i.e., flashbacks) in which she feels as though the traumatic events were reoccurring. She acknowledged actively attempting to avoid thinking about the trauma, and voiced persistent negative beliefs about herself, others, and the world. Consistent with this diagnosis, she has also displayed irritable behaviour, hypervigilance, reckless or self-destructive behaviour, problems with concentration, and sleep disturbances.

The evaluator is of the opinion that though B.C.W. does display some features of Borderline Personality Disorder (e.g., emotional lability, aggression, impulsivity), her symptoms are better accounted by a diagnosis of PTSD. B.C.W. meets the criteria for several substance use disorders. The severity of the disorders are provided as an estimate and may change with further assessment. According to B.C.W.'s self-reported use, she presently meets criteria for Alcohol, Opiate, and Stimulant Use Disorder.

The evaluator considered and ruled out all other diagnoses. [ 37 ] Continuing on page 14 under "Risk Assessment and Risk Management": The assessment of sexual violence risk for females is an emerging field, and there is limited research validating existing sexual violence risk assessment tools in female populations. Available research suggests that the base rate for sexual recidivism amongst female perpetrators is quite low, and is substantially lower than male sexual offenders. According to a meta-analysis of 10 studies (i.e., 2490 female offenders) the rates of sexual recidivism fell between 1% and 3%.

As established sexual violence risk assessments measures are likely to overestimate risk in female offenders, the evaluator has elected to use the HCR-20 (Historical Clinical Risk Management-20, Version 3) and Female Additional Manual (FAM) to assess B.C.W.'s likelihood for reoffending. [ 38 ] Middle of page 15: B.C.W. has a history of problems with violent behaviour beginning in adolescence and antisocial behaviour beginning at the age of 14- years-old. She has evidenced extensive problems within both her intimate and non-intimate relationships and has never been legally employed.

She has a history of and continues to struggle with problems related to substance use. As discussed above, she meets criteria for Posttraumatic Stress Disorder. She has experienced traumatic victimization across her lifespan, including neglect, witnessing intimate partner violence, sudden deaths of her parents, and repeated sexual violence as a child, adolescent, and adult. B.C.W. also has a history of engaging in prostitution, though she has not been involved in the sex trade for the past decade.

B.C.W. also experienced pregnancy at a young age, and subsequently had a history of parenting difficulties, such that four of her six children were apprehended into MCFD care. She also has a history of suicidality. She has a history of non-compliance with conditions (e.g., repeated probation violations) and recommended treatment (i.e., medication noncompliance, leaving treatment early). There was no evidence to suggest that she had any sexual deviancy.

Though she did not overtly endorse attitudes supportive of sexual offending, B.C.W. appeared to have internalized several maladaptive cognitions as a result of her own sexual abuse which may play a role in the perpetration of sexual violence. B.C.W. reveals significant recent problems with insight across several domains. In particular, she has not yet had the opportunity to understand the connection between her childhood sexual abuse, her current symptoms of PTSD, and their link to her substance use and propensity for violence.

She continues to evidence substantial instability across affective and behavioural domains, particularly when she is not in a structured custodial setting, as evidenced by her increase in substance use and erratic behaviour leading to her custodial remand. She has also struggled with chronic feelings of low self-esteem. However, B.C.W. is expressing a desire to participate in treatment, recognizes her need for treatment, and feels that it is a priority in her rehabilitation, which are all favourable prognostic indicators.

With regard to potential future problems, B.C.W. has not yet been able to establish connections with professional services and plans. She hopes to resume residing with her husband and children, though it is unclear whether this is feasible and desired by her husband. B.C.W. has not yet had the opportunity to engage in treatment for her sexual offending behaviour, which represents an ongoing risk factor that needs to be addressed. [ 39 ] "Risk Formulation" on page 16: An examination of the violence perpetrated by B.C.W. suggests that she has been primarily motivated by gaining control or compliance.

For example, she has engaged in assaults against her intimate partner and women with whom he was unfaithful with in an attempt to dissuade her partner from repeating his behaviour. ln regards to the index offence, it is possible that she sexually assaulted the victim in an attempt to provide her with a sense of control over her own victimization or as a means to elevate her status away from being a powerless victim.

The impact of this motivating factor on B.C.W.'s behaviour may have been enhanced during her offence due to the close temporal proximity between her own sexual victimization that evening and subsequent offending. These motivators appear to be

primarily linked to her history of trauma and victimization, low self-esteem, and symptoms of PTSD. In B.C.W. 's case, key disinhibitors, which decreased the perceived costs of engaging in his offences, include her lack of insight and negative self-concept. These factors are likely associated with her history of complex trauma and her recent experience of sexual assault.

As she blamed herself for her own inability to protect herself from sexual abuse and also lacked the ability to appreciate the link between her emotions, distorted cognitions, and substance use, she likely was unable to appreciate the consequences associated with her violence in the moment. Potential destabilizers, which influenced B.C.W.'s decision-making towards engaging in violence, include her impulsivity and impaired reasoning, which likely stems from her substance use and complex trauma symptoms.

A consideration of the above factors suggests that B.C.W. presents a low risk for future sexual violence, though she also presents a moderate risk for general violence absent strategies to mitigate her risk. The most likely scenario of future sexual violence would involve an incident similar to the index offence, in that she would likely sexually abuse a non-related child placed in her care. The evaluator is of the opinion however, that there is a very low likelihood of this type of reoffence occurring.

Rather, the most likely scenario of future violence would involve B.C.W. engaging in an assault while under the influence. The most likely target would be an acquaintance or someone with whom she was using substances. The severity of physical harm caused by B.C.W. in this scenario would likely be low to moderate. The psychological effects of her behaviour are likely to be severe. With regards to imminence, there is no evidence to suggest that B.C.W. is at risk of engaging in imminent harm.

Her imminence for violence would increase should she resume her substance use, should her mental health symptoms become exacerbated (i.e., increased emotional lability, decreased sleep), and increased in stressors (e.g., losing access to her children), and should she be become noncompliant with other conditions and treatment recommendations. [ 40 ] Finally, on page 17, middle of the page under "Summary Recommendations": A consideration of her risk factors and formulation suggests that B.C.W. presently represents a low risk for future sexual violence, but a moderate risk for general violence. [ 41 ] I am not going to be quoting any more from the reports, but I think it suffice to say any member of our society who has any empathy whatsoever or who has any sense of right from wrong, would understand that B.C.W. has never had an opportunity to live what most Canadians would call a "normal life." Hers is a history that should shame all of us who are non-Indigenous, whether we are first generation settlers or whether our ancestors moved to what is now Canada hundreds of years ago.

It does not matter. [ 42 ] Canada is one of the world's wealthiest countries. Canada has the means, the ability, just not the desire to fix this problem. While the issue of the horrible treatment of Indigenous Peoples in Canada is finally coming to light, it is only doing so because of horrible things, such as the discovery of mass graves at residential schools. It should not take mass graves and murdered women to make all of us recognize that individuals like B.C.W. have not gotten a fair shake.

THE VICTIM IN RELATION TO FILE 30186-1 [ 43 ] Young eight-year-old I.W. did nothing but be the sweet young spirit she is when she was brutally attacked by B.C.W. Words cannot put into context how horrible that experience must have been for I.W.

Like B.C.W., who carries her trauma from childhood, from her adolescence, from her early adult life, and now as a 33-year-old woman, so I.W. will have to carry with her what happened to her as an eight-year-old. [ 44 ] The Crown made the decision in this case not to seek a Victim Impact Statement from I.W. because the Crown did not want to re- victimize her by taking her back to the events of two years ago. In the specifics of this case, I say bravo.

Usually I would not, but in this case, I am hopeful — I do not know this, but I am hopeful that I.W. is getting the help she needs as a young Indigenous girl who would now be 10 years of age. Who, I am told, is herself in and out of foster care and/or the presence of her grandmother, as opposed to her own biological mother. A young child, a young Indigenous child, who will now have to deal with many of the same factors that B.C.W. did. It is my hope that our government, that our society, will reach out to this young girl and provide her with the supports that B.C.W. did not get from our society.

THE PURPOSES AND PRINCIPLES OF SENTENCING [ 45 ] I am quickly going to review the purposes and principles of sentencing. At s. 718 of the Criminal Code : 718 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 by imposing just sanctions that have one or more of the following objectives: (

a) to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct; (

b) to deter the offender and other persons from committing offences; (

c) to separate offenders from society, where necessary; (

d) to assist in rehabilitating offenders; (

e) to provide reparations for harm done to victims or to the community; and (

f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims or to the community. [ 46 ]

Section 718.01 says: When a court imposes a sentence for an offence that involved the abuse of a person under the age of eighteen years, it shall give primary consideration to the objectives of denunciation and deterrence of such conduct.

[47]

Section 718.02 of our Criminal Code deals with an offence against a peace officer. It says: When a court imposes a sentence for an offence under subsection 270(1),

section 270.01 or 270.02 or paragraph 423.1(1)(b), the courtshall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence. [48]

Section 718.04 says that: When a court imposes a sentence for an offence that involved the abuse of a person who is vulnerable because of personal circumstances— including because the person is Aboriginal and female — the court shall give primary consideration to the objectives of denunciationand deterrence of the conduct that forms the basis of the offence.

Section 718.04 came into law approximately one month after the offence on File 30186-1. Nevertheless, it is a codification of what wasand is the caselaw in this area. [49]

Section 718.1 of the Criminal Code says: A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. [50]

Section 718.2 of the Criminal Code says that: A court that imposes a sentence shall also take into consideration the following principles . . . (

e) all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done tovictims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginaloffenders. [51] I am not going to go into great detail about the principles of sentencing applicable to Aboriginal offenders. Suffice to say thatR. v. Gladue, (SCC), [1999] 1 S.C.R. 688, and R. v.

Ipeelee, 2012 SCC 13, form the foundation and teach sentencingjudges such as myself that we need to engage in a different process for arriving at a fit sentence where the offender is Indigenous, notnecessarily a different sentence, but a fit sentence. [52] I am of the view that under the public interest test, a judge should not depart from a joint submission on sentence unless theproposed sentence would bring the administration of justice into disrepute or is otherwise contrary to the public interest.

As I indicatedearlier, rejection of the joint submission would denote a submission so unhinged from the circumstances of the offence and B.C.W., thatits acceptance would lead reasonable informed persons, aware of all of the relevant circumstances including the importance of promotingcertainty and resolution discussions, to believe that the proper functioning of the justice system had broken down. [53] Guilty pleas in exchange for joint submissions on sentence are a proper and necessary part of the administration of the criminaljustice system. We are taught in Anthony-Cook at paragraph number 35: . . .

When plea resolutions are “properly conducted [they] benefit not only the accused, but also victims, witnesses, counsel, and theadministration of justice generally” . . . [54] At paragraph 39 of Anthony-Cook: From the Crown’s perspective, the certain or near certain acceptance of joint submissions on sentence offers several potential benefits.First, the guarantee of a conviction that comes with a guilty plea makes resolution desirable (Martin Committee Report, at pp. 285-86).The Crown’s case may suffer from flaws, such as an unwilling witness, a witness of dubious worth, or evidence that is potentiallyinadmissible — problems that can lead to an acquittal.

By agreeing to a joint submission in exchange for a guilty plea, the Crown avoidsthis risk. Second, the accused may have information or testimony to offer the Crown that can prove invaluable to other investigations orprosecutions. But this information may not be forthcoming absent an agreement as to a joint submission. Third, the Crown may considerit best to resolve a particular case for the benefit of victims or witnesses. When an accused pleads guilty in exchange for a jointsubmission on sentence, victims and witnesses are spared the “the emotional cost of a trial” (R. v.

Edgar, 2010 ONCA 529, 101 O.R.(3d) 161, at para. 111). Moreover, victims may obtain some comfort from a guilty plea, given that it “indicates an accused’sacknowledgement of responsibility and may amount to an expression of remorse” . . . [55] I could go on and write an essay on the benefits of joint submissions in cases of Indigenous people, but I will not. [56] I pause to note that in Canada, in 2021, according to the Correctional Service of Canada (CSC), Indigenous women are over-represented in the federal correctional system.

While just 6% of Canadian federal offenders are women, Indigenous women represent42% of incarcerated women offenders and 27% of women offenders under supervision in the community.

It is both a shocking and mind-numbing statistic. [57] Furthermore, compared to the average Canadian, women offenders have a higher incidence of substance abuse, mental healthproblems, and are more likely to have a history of being the victim of physical and/or sexual abuse. [58] In this particular case, the joint submission that has been placed before the court I believe meets the goals of justice and is notcontrary to either the public interest or the administration of justice. [59] I accept the joint submission in this case. [60] B.C.W. has spent 130 days in custody in relation to the lead information, 30186-1.

She has also been in custody, off and on, onthe other informations, as well. In all the circumstances, I agree with counsel that she is entitled to a credit of 130 real days at a rate of1.5.

[ 61 ] So the term of imprisonment I would have imposed on Information 30186-1, Count 1, before granting any credit is 185 days. The actual time spent in custody is 130 days. I am granting you credit at a rate of 1.5. So the actual credit that I am granting is 195 days. The sentence imposed, therefore, is 185 days' time served. So you do not need to serve any further time. There will also be a three-year probation order attached to Information 30186.

I will come to that momentarily. [ 62 ] In relation to Information 30186-2-A, Count Number 1, the term of imprisonment I would have imposed before granting any credit is 30 days. The actual time spent in custody is 130 days. I am granting you a credit of 1.5. The total credit I am granting is 195 days. The sentence imposed, therefore, is 30 days' time served. [ 63 ] In relation to Information 30727-2-A, Count 1, the term of imprisonment I would have imposed before granting any credit is 30 days. The actual time spent in custody is 130 days. I am granting you credit at a rate of 1.5.

The total credit I am granting is 195 days. The sentence imposed is 30 days' time served. [ 64 ] On File 30727-1, Count 1, the term of imprisonment I would have imposed before granting any credit is 185 days. The actual time spent in custody is 130 days. I am granting you credit at a rate of 1.5. The total credit I am granting is 195 days. The sentence imposed, therefore, is 185 days' time served. There will be a three-year period of probation attached to 30727-1, as well.

It will be the exact same terms as the three-year period of probation that I am imposing on 30186-1. [ 65 ] Finally, in relation to 30921-1, Count 1, the term of imprisonment I would have imposed before granting any credit is 185 days. The actual time spent in custody is 130 days. I am granting you credit at a rate of 1.5. The total credit I am granting is 195 days.

The sentence imposed, therefore, is 185 days' time served and there will be, as well, a three-year period of probation which will be in the exact same terms as on the other two informations. [ 66 ] Madam Clerk, any questions so far about that? [ 67 ] THE CLERK: No, thank you, Your Honour. [ 68 ] THE COURT: All right. Mr. McCarthy? [ 69 ] CNSL J. McCARTHY: Just for clarity and fullness of the record, that all of these sentences are concurrent to one another? [ 70 ] THE COURT: Thank you, yes.

All sentences are concurrent to each other. [ 71 ] The terms of probation that will apply to the three counts where I said there would be a three-year probationary term will be as follows. [ 72 ] THE CLERK: Your Honour, can we just clarify those files? [ 73 ] THE COURT: Yes, so again, just for clarity's sake, it will be Count Number 1 of Information 30186-1, Count Number 1 of Information 30727-1, and Count Number 1 of Information 30921-1. [ 74 ] THE CLERK: Thank you. [ 75 ] THE COURT: You must comply with the probation order for a term of 36 months.

The conditions are as follows. [ 76 ] 2001, you must keep the peace and be of good behaviour, you must appear before the court when required to do so by the court, and you must notify the court or the probation officer in advance of any change of name or address and promptly notify the court or the officer of any change of employment or occupation.

Do you understand all that, B.C.W.? [ 77 ] THE ACCUSED (via videoconference): Yes. [ 78 ] THE COURT: You agree to do that, B.C.W.? [ 79 ] THE ACCUSED: Yes, I do. [ 80 ] THE COURT: Thank you. [ 81 ] 2002, you must have no contact or communication directly or indirectly with I.W. or K.B. Do you understand that, B.C.W.? [ 82 ] THE ACCUSED: Yes, I understand. [ 83 ] THE COURT: Do you agree to do that? [ 84 ] THE ACCUSED: Yes, I do. [ 85 ] THE COURT: Thank you. [ 86 ] 2005, you must not go to or be within 100 metres of I.W. or K.B. or any school, residence, or workplace of I.W. or K.B.

If you attend at any location and one or both of I.W. or K.B. are already present at that location, you will leave that location immediately without words or gestures and not return for a period, at a minimum, of three hours. Do you understand that, B.C.W.? [ 87 ] THE ACCUSED: Yes. [ 88 ] THE COURT: Do you agree to follow that?

[ 89 ] THE ACCUSED: Yes, I do. [ 90 ] THE COURT: Okay. [ 91 ] 2101 -- sorry, it is actually going to 2104, Madam Clerk, you must report in person to a probation officer. [ 92 ] Now, I just need to clarify, Mr. McCarthy, when she gets out, is she staying in Prince George or is she coming back to Prince Rupert? [ 93 ] CNSL J. McCARTHY: B.C.W., do you propose to return to Prince Rupert and stay with G.L.? [ 94 ] THE ACCUSED: Yes. [ 95 ] THE COURT: All right, thank you. [ 96 ] CNSL J. McCARTHY: She will be returning to Prince Rupert which would take -- [ 97 ] THE COURT: Next Monday at 3:00 p.m.? [ 98 ] CNSL J.

McCARTHY: Today is Wednesday. To be safe, why do we not make it, "Will report by 3:00 p.m. a week today"? [ 99 ] THE COURT: All right. [ 100 ] CNSL J. McCARTHY: Thank you, Your Honour. [ 101 ] THE COURT: You okay with that, Ms. Thomas? [ 102 ] CNSL A. THOMAS: Yes, I am, Your Honour, and just of note, B.C.W. did report into her probation officer during the period that she was missing from the treatment facility. So I do know that she is in good -- in good -- [ 103 ] THE COURT: All right, thank you. [ 104 ] CNSL A.

THOMAS: -- compliance with that. [ 105 ] THE COURT: You must report in person to a probation officer at the Prince Rupert Community Corrections Office, the address and telephone number which will be placed into the probation order for you, by no later than 3:00 p.m. on Wednesday, December 8, 2021, unless you have obtained, before your release from custody or before 3:00 p.m. on December 8, 2021, written permission from the probation officer to report elsewhere or within a different timeframe. After that, you must report as directed by your probation officer.

Do you understand that, B.C.W.? [ 106 ] THE ACCUSED: Yes, I do. [ 107 ] THE COURT: So if something very unforeseen happens, landslides happen and the highway closes down and you cannot get back to Prince Rupert, you have to contact and get the written permission of the probation officer for whatever action it is they tell you to do. Make sense? [ 108 ] THE ACCUSED: Yes. [ 109 ] CNSL J. McCARTHY: And just as a notification, B.C.W., written permission includes texts. [ 110 ] THE ACCUSED: Okay. [ 111 ] THE COURT: Correct. All right. So electronic -- well, I will put that word in the condition.

Such permission may be given in an electronic format from the probation officer, period. [ 112 ] THE CLERK: Okay. [ 113 ] THE COURT: 2202, when first reporting to your probation officer, you must provide them with the address where you live and your telephone number. You must not change your address or your telephone number without notifying your probation officer in writing at least two days in advance of any change.

Do you understand that? [ 114 ] THE ACCUSED: Yes. [ 115 ] THE COURT: Do you agree to do that? [ 116 ] THE ACCUSED: Yes, I do. [ 117 ] THE COURT: Thank you. [ 118 ] 2303, you must not go to any public park, public swimming area, community centre, or theatre where persons under the age of 16 years are present or can reasonably be expected to be present, or a daycare centre, school or playground. The exceptions are as follows: In the immediate presence of G.L. or with the prior written permission of your probation officer. Such permission is to be given only for compelling reasons.

You must carry that permission, which can be in electronic format, with you at all times when you are in the prohibited area. Do you understand that, B.C.W.? [ 119 ] THE ACCUSED: Yes.

[ 120 ] THE COURT: Do you agree to that? [ 121 ] THE ACCUSED: Yes, I do. [ 122 ] THE COURT: Thank you. [ 123 ] 2501, you must attend, participate in, and complete any intake, assessment, counselling, or education program as directed by your probation officer. Do you understand that? [ 124 ] THE ACCUSED: Yes. [ 125 ] THE COURT: Do you agree to do that? [ 126 ] THE ACCUSED: Yes, I do. [ 127 ] THE COURT: 2502 -- and I am just going to confirm with you again, B.C.W., you are consenting, and Mr.

McCarthy has told me that you are, that you would participate and complete any intake, assessment, program, treatment, or a full-time live-in treatment program as directed by your probation officer, correct? [ 128 ] THE ACCUSED: Yes. [ 129 ] THE COURT: All right. So 2502, having consented in court, you must attend, participate in, and complete any intake, assessment, program, treatment, or a full-time live-in treatment program as directed by your probation officer. This may include programming or treatment for: (

a) alcohol or drug addiction; (

b) psychiatric and psychological health; (

c) sexual offending. Do you understand that? [ 130 ] THE ACCUSED: Yes. [ 131 ] THE COURT: You agree to follow that? [ 132 ] THE ACCUSED: Yes, I do. [ 133 ] THE COURT: Is that a wide enough berth from your perspective, Ms. Thomas, to allow Corrections to have her involved in forensic programs? [ 134 ] CNSL A. THOMAS: In truth, Your Honour, I do not know what requirement is necessary. [ 135 ] THE COURT: Well, let us add, then, to that, just so we are all clear, we will add (

d) to that, Madam Clerk, "the forensic sex offender program" and we will add one more condition, as well, "a First-Nations-based trauma intervention program." [ 136 ] CNSL J. McCARTHY: And these are all permissive, correct, Your Honour? [ 137 ] THE COURT: Say that again? [ 138 ] CNSL J.

McCARTHY: These are permissive? [ 139 ] THE COURT: Yes, they are permissive, not compulsory. [ 140 ] 2507, having consented in court, you must do the following -- for greater clarification we are going to add to that, Madam Clerk. [ 141 ] So having consented in court, you must do the following, for greater clarification: (1) report to Forensic Psychiatric Services or elsewhere as directed for any intake, assessment, counselling, or treatment as directed by your probation officer; (2) attend all scheduled appointments with the professionals in charge of your mental healthcare; (3) take all medications and medical treatment prescribed to you by those professionals; (4) provide your probation officer with the names, addresses, and telephone numbers for those professionals; (5) give those professionals a copy of this order; (6) if you decide not to follow these directions, you must immediately report that fact to your probation officer.

You have consented in court to those professionals notifying your probation officer if you fail to attend for an appointment or refuse to take the prescribed treatment or medication. Do you agree with all of that, B.C.W.? [ 142 ] THE ACCUSED: Yes, I do. [ 143 ] THE COURT: All right. So you understand that if for any reason if you cannot comply, instead of just walking out the door and disappearing for several months, you contact the probation officer, right? [ 144 ] THE ACCUSED: Yes. [ 145 ] THE COURT: All right. Mr. McCarthy? [ 146 ] CNSL J.

McCARTHY: And then your lawyer. [ 147 ] THE COURT: And your lawyer, yes -- [ 148 ] THE ACCUSED: Yes. [ 149 ] THE COURT: -- Mr. McCarthy. All right. Any other conditions that I missed, Ms. Thomas? [ 150 ] CNSL A. THOMAS: No, Your Honour, there is just the ancillary orders left.

[ 151 ] THE COURT: Yes. All right. [ 152 ] In relation to DNA, this applies to Information 30186-1, and it is Count Number 1. [ 153 ] Count 1 on Information 30186-1 is a primary designated offence pursuant to s. 487.051(1) of the Criminal Code . I authorize the taking of samples of bodily substances from you. You must attend at the Prince Rupert Royal Canadian Mounted Police detachment in Prince Rupert, British Columbia, by no later than January 30, 2022, and submit to the taking of the samples. This order is valid until executed.

Any questions about that, B.C.W.? [ 154 ] THE ACCUSED: No. [ 155 ] THE COURT: You agree to do that? [ 156 ] THE ACCUSED: Yes. [ 157 ] THE COURT: All right. [ 158 ] I am just going to stop for a moment. Any questions about any of those probation conditions? [ 159 ] THE ACCUSED: No. [ 160 ] THE COURT: You agree to follow them all? [ 161 ] THE ACCUSED: Yes, I do. [ 162 ] THE COURT: Okay. Sex Offender Identification Registration Act , pursuant to s. 490.012 of the Criminal Code , you are required to comply with the Sex Offender Information Registration Act for 10 years.

Do you understand that, B.C.W.? [ 163 ] THE ACCUSED: Yes. [ 164 ] THE COURT: You agree to do that? [ 165 ] THE ACCUSED: Yes. [ 166 ] THE COURT: Thank you very much. [ 167 ] Ms. Thomas, victim fine surcharges, my inclination is to waive them all? [ 168 ] CNSL A. THOMAS: I am in agreement with that, Your Honour. [ 169 ] THE COURT: All right. All victim fine surcharges are going to be waived.

Pursuant to s. 737(2.1) of the Criminal Code , I am satisfied that because of B.C.W.'s precarious financial circumstances, the surcharge would cause her an undue hardship and, accordingly, I order that she pay no surcharge and that applies to all five court informations. [ 170 ] All right. Anything I missed, Ms. Thomas? [ 171 ] CNSL A.

THOMAS: No, Your Honour, and at this point, the Crown is prepared to direct stays of proceeding on 30186-1, Count 2; Count 2 and 3 on Information 20186-2-A; to the entirety of Informations 30186-3-A, 4-A, 5-A, and 6-A; to Count 2 on Information 30727-1; and to Count 2 on Information 30921-1. Madam Clerk, could you just confirm that that deals with all counts on all informations? [ 172 ] THE CLERK: It does. [ 173 ] CNSL A. THOMAS: Thank you. [ 174 ] THE COURT: Thank you. [ 175 ] B.C.W., I mean this, good luck moving forward.

I hope you find the place in both your mind and your heart to comply with the probation and to do what you need to do so you can have a wonderful rest of your life with your children, with your family, and with society generally. Good luck. [ 176 ] THE ACCUSED: Thank you. _______________________________ D. Patterson, PCJ Provincial Court of British Columbia