R. v. Canute Date:, 2015 BCPC 50

Citation: R. v. Canute Date: 20150202 2015 BCPC 0050 File No: 77738-1 Registry: Nanaimo IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. DEAN BRADLEY CANUTE JEREMY HARRIS DEAN THOMAS MANSON ISAAC HAYES MANSON REASONS FOR SENTENCE OF THE HONOURABLE JUDGE JUDGE MacCARTHY (Re: Accused Dean Canute) Counsel for the Crown: I. McFadgen Counsel for the Defendant: M. Moss Place of Hearing: Nanaimo , B.C. Date of Hearing: February 2, 2015

Date of Judgment: February 2, 2015 [ 1 ] THE COURT: Dean Bradley Canute is before me. Mr. Canute has entered a plea of guilty that -- sorry, is this strictly on Count 1 or is it on Counts 1 and 2? He is named in both counts. [ 2 ] MR. McFADGEN: He is -- what I would suggest, Your Honour, is Crown would -- Crown would suggest sentencing take place on Count 1, stay Count 2 at the conclusion of sentencing. [ 3 ] THE COURT: All right.

So Dean Bradley Canute has entered a plea of guilty on Count 1 of Information 77738, that he, together with some other individuals, on or about the 23rd day of March 2014, at or near Nanaimo, in the Province of British Columbia, did unlawfully fish for or catch and retain bivalve molluscs, namely, clams, in a prohibited area, and that is contrary to Section 3(2) of the Management of Contaminated Fisheries Regulation and it amounts to an offence under s. 78(

a) of the Fisheries Act . [ 4 ] Having entered that plea of guilty to the offence, the circumstances were outlined by Crown with respect to this matter.

Those are not challenged; I accept those circumstances as the facts and they are sufficient to support the plea of guilty to the offence. [ 5 ] The important aspects of the facts are that the area, which I understand to be the Nanaimo Harbour area, was subject to a closure under Closure 17.4, that prevented the harvesting of shellfish in that particular closed area. [ 6 ] A letter has been introduced by Crown, and I will accept that as Exhibit 1 on the sentencing. It is a letter dated November 26, 2014, from the Canadian Food Inspection Agency.

EXHIBIT 1 (on Sentence): Letter from Canadian Food Inspection Agency [ 7 ] The Canadian Food Inspection Agency co-manages a program known as the Canadian Shellfish Sanitation Program, along with Environment Canada and Fisheries and Oceans Canada.

The purpose of that program is to protect the public from health risks associated with the consumption of contaminated bivalve molluscs and shellfish, which would include the clams which are the subject matter of the present charge. [ 8 ] It is important to note that the Closure 17.4 was put in place due to what is described in Exhibit 1 as a variety of pollution sources. Those pollution sources are enumerated, and include anchorages, fresh water drainages, storm water inputs, industrial activities and shipping.

The concern noted in Exhibit 1 is fecal material and other contaminants which may contaminate the shellfish. Also there are concerns about agricultural runoff, wildlife, upland septic seepage that may also impact very negatively on the shellfish. [ 9 ] In this case, it is alleged by Crown and not disputed that Mr. Canute was in possession of somewhere in the neighbourhood of about 170 pounds of clams from the contaminated area. That is not being denied; it gives an indication of some magnitude of the offence in this case. [ 10 ] Given the fact that Mr.

Canute, an aboriginal, is a first-time offender, he therefore has no criminal record that is being alleged by Crown. By way of a joint submission, it has been suggested that sentence be disposed of by way of, first of all, a fine in the amount of $1,000, with time to pay, and a 12-month probation order with community work service. [ 11 ] Having regard for the principles of sentencing and having regard for deterrence as being of significant importance in this matter, I am of the view that what is being proposed in this circumstance is a fit sentence. [ 12 ] Accordingly, I will impose upon Mr.

Canute the fine of $1,000. He is to pay that fine within 12 months of today's date. [ 13 ] I will also impose upon him a probation order. That probation order, as I indicated, will extend for a period of 12 months. It will contain the following conditions. First of all, you shall keep the peace and be of good behaviour. You shall appear before the court when required to do so by the court. [ 14 ] You shall notify the court or your probation officer in advance of any change in name or address, and promptly notify the court or the probation officer of any change of employment or occupation.

You shall report today in person to the probation office here in Nanaimo at the address that will be provided to you, and you shall report thereafter as directed.

I am going to impose the condition that when first reporting to the probation officer, you shall inform him or her of your residential address and phone number and inform the probation officer of any change of that residential address or your telephone number. [ 15 ] I am going to impose the condition that, under the direction and supervision of your probation officer, you shall successfully complete one hundred hours of community work service which will be completed no less than -- within ten months of today's date, and that will be completed to the satisfaction of your probation officer. [ 16 ] I believe those are all the conditions that were being sought.

No victim fine surcharge applies in this matter. I will leave it to Mr. Canute to deal with how best to perform that community work service within the allotted time. [ 17 ] Okay. Thank you, Mr. Canute. [ 18 ] MR. McFADGEN: Your Honour, Crown can stay Count 2 against as only Mr. Canute. [ 19 ] THE COURT: Mr. Canute. Thank you. [ 20 ] MR. McFADGEN: Thank you, Your Honour.

[ 21 ] MR. MOSS: Thank you, Your Honour. (REASONS CONCLUDED)