R. v. Liu Date:, 2014 BCPC 318

Citation: R. v. Liu Date: 20141121 2014 BCPC 0318 File No: 78315-1 Registry: Nanaimo IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. FAN LIU ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE J.P. MacCARTHY Counsel for the Crown: J. Blackman Counsel for the Defendant: D. MacLeod Place of Hearing: Nanaimo , B.C. Date of Hearing: November 21, 2014 Date of Judgment: November 21, 2014 [ 1 ] THE COURT [orally]: Fan Liu is before me; he has entered pleas of guilty on three offences which can generally be regarded

as offences under the Wildlife Act and specifically the Wildlife Act Commercial Activities Regulation . Count 1 alleges that on or about the 12th of December 2013, that he did traffic a bear gall bladder, contrary to s. 2.08(3)(

a) of the Wildlife Act Commercial Activities Regulation . Count 4 is an allegation that on or about the 18th day of February 2014, he again did traffic in a bear gall bladder, contrary to the same provision of the same regulation. And then in Count 7 there is an allegation that on or about March 18, 2014, he did traffic a bear gall bladder, again, that was contrary to same provision of the same regulation. [ 2 ] Crown has outlined the circumstances with respect to each of these charges to which Mr. Fan Liu has entered pleas of guilty.

No issue is taken with respect to those circumstances, which I find to be the facts, and they are sufficient to support both the pleas, as well as findings of guilt on each of the three counts. [ 3 ] By way of brief

summary, the charges arose out of what can be fairly characterized as a sting operation undertaken by conversation officials, who became aware of the interests of Fan Liu in obtaining bear parts. As a result of information received by the conversation officers, an undercover officer approached Fan Liu at his dental practice here on Vancouver Island. [ 4 ] On December 12th, 2013, there were four bear paws and one gall bladder acquired by Fan Liu for a price of $320.

On February 18th, 2014, as I understand it, eight bear paws and two gall bladders were acquired for a price of $700, and then on March 18th, four bear paws and one bear gall bladder for $320. It was at the completion of that March 18th, 2014, purchase that Fan Liu was arrested and now is before this court. [ 5 ] The situation regarding the dealing and trafficking in wildlife parts is of considerable concern to both the Provincial government as well as to the citizens of this Province.

Accordingly, it is a matter that is taken very seriously, and Crown is proceeding in such a fashion as to demonstrate that this is a serious matter. What is of concern is that although specific deterrence may not necessarily be required with respect to this particular offender, there needs to be a clear message sent to others who would contemplate participating in these types of offences.

The message is that they will be treated appropriately severely with the imposition of necessary conditions in order to dissuade them and to also prevent them from engaging in this type of activity. [ 6 ] I have heard from defence counsel that Fan Liu holds a professional qualification as a dentist and has done so since 2001. He has been practicing here on Vancouver Island since 2002. He also faces some potential disciplinary proceedings before the College of Dental Surgeons. The report of his alleged offences made its way to the College as a complaint.

That complaint remains unresolved at present time, I presume awaiting the outcome of the disposition of this matter today. But nonetheless, besides facing the personal embarrassment and also the financial penalties that are going to be imposed as a result of this activity, in the future he will need to resolve issues with his professional body as to whether there are grounds for additional sanctions to be imposed upon him by the College. [ 7 ] The Crown and defence have consulted for some time and have come up with what they have put to me as a joint submission.

It is designed to provide the appropriate level of denunciation, as well as to provide the necessary amount of compensation to the Province and to the community. [ 8 ] In cases of this nature, where an individual does not have a criminal background, as is the situation here, it is important to look at creative sentencing solutions.

What has been put before me is, in my view, a creative sentencing suggestion which meets the goals of the Crown and the offender and also meets the goals of the community in terms of dealing with this type of activity. [ 9 ] I have before me a form of order which I accept as the product of counsel’s joint submission, and I will outline the provisions as they are contained therein. [ 10 ] With respect to each of the three counts, there will be a minimum fine of $50 on each of the three counts noted above.

So that fine will total $150. [ 11 ] In addition to that, with respect to Count 1, which was the offence on the 12th of December 2013, the offender will pay the sum of $2,500 to the Habitat Conservation Trust Fund, such sum to be used in support of fish and wildlife conservation projects on Vancouver Island. That order is made pursuant to s. 84.1(

e) of the Wildlife Act . [ 12 ] In respect to Count 4, pursuant to the same section, the order will be that the offender Fan Liu pay the sum of $5,000 to the Habitat Conservation Trust Foundation, such sum to be used in support of fish and wildlife conservation projects on Vancouver Island. [ 13 ] With respect to Count 7, again, pursuant to the same s. 84.1(e), of the Wildlife Act , the offender will pay the sum of $7,500 to the Habitat Conservation Trust Fund, such sum to be used in support of fish and wildlife conservation projects on Vancouver Island. [ 14 ] There will be a further order that the total monies of $15,000 payable pursuant to the orders made under s. 84.1(

e) are to be delivered to the clerk of the court in Nanaimo, British Columbia, on or before November 21st, 2015, to be forwarded to the Habitat Conservation Trust Foundation at number 107, 19 Dallas Road, Victoria, British Columbia, V8V 5A6. [ 15 ] This court further orders that the fines imposed on each of the counts, totalling $150, be delivered to the clerk of the court in Nanaimo, British Columbia, forthwith. [ 16 ] And there will be a further order, pursuant to s. 84(6.2) of the Wildlife Act , that the sum of $1,320 in Canadian currency paid by Fan Liu to the undercover conservation officer during the course of the investigation be forfeited to the Provincial government. [ 17 ] I will sign the form of order that has been placed before me and approved as to form by both counsel. [ 18 ] I believe that is all that I need deal with on this particular matter, is that correct? [ 19 ] MR.

MACLEOD: It is, Your Honour.

[ 20 ] MR. BLACKMAN: That is all, Your Honour. [ 21 ] MR. MACLEOD: Thank you very much. [ 22 ] THE COURT: All right. And I thank counsel for their able submissions on this matter. Thank you. [ 23 ] MR. MACLEOD: Thank you. (REASONS CONCLUDED)