R. v. B.M.F., 2021 BCPC 109

Citation: R. v. B.M.F. 2021 BCPC 109 Date: 20210422 File Nos: [Omitted for publication] Registries: [Omitted for publication] IN THE PROVINCIAL COURT OF BRITISH COLUMBIA Youth Division REGINA v. B.M.F. Youth Matter - Restriction on Access, s. 118 & s. 110 YCJA ORAL RULING ON APPLICATION TO TERMINATE PROBATION ORDER OF THE HONOURABLE JUDGE A. WOLF Counsel for the Crown: A.J. Taylor Appearing for the Accused: No appearance Place of Hearing: [Omitted for publication], B.C. Date of Hearing: April 22, 2021 Date of Judgment: April 22, 2021

[ 1 ] THE COURT: I am going to provide some very brief reasons. We will order a transcript and we will send it to Mr. F. [ 2 ] Mr. B.F. has applied to the Court to terminate his probation. On July 8th, 2020, a judge ordered that he complete 15 months' probation. There were many terms of probation, too many to list here. The crimes were serious. He was sentenced for an assault charge, a mischief charge, and a resist arrest charge and breach of bail charge. [ 3 ] In support of the application to terminate the remainder of his probation, his probation officer has written a letter of support.

The letter confirms that on August 8th, Mr. F. was referred to a full-time substance abuse residential treatment program. The program is located on the mainland. Mr. F. is an Indigenous youth. Going to the mainland took him away from his home community. It is unfortunate there were not readily accessible local options to be found within his home community. Mr. F. started the residential treatment program on September 2nd and completed it December 23rd.

He was very successful in his recovery. [ 4 ] During his three-month stay there, he actively participated in individual and group counselling in relation to his substance use. [ 5 ] As well, during that time period, in only three months, he earned his high school Dogwood diploma. On top of that, he also upgraded his math and completed pre-employment training. [ 6 ] In addition to that he came back home to his community. Sadly, he is dealing with some significant grief and loss issues.

However, even with these heavy emotional feelings, he has remained clean and sober. [ 7 ] In addition to his list of many accomplishments at the Waypoint Program drug and alcohol recovery program, he also recently completed an online course about cultural learning and healing. [ 8 ] The letter I have in front of me is written by his youth probation officer, Mr. T., who recommends that the remainder of his probation be terminated. He has completed nine of 15 months of his probation. His probation officer has recommended that he continue to address his grief by doing some counselling, but is confident that Mr.

F. can do this on his own. The reason he recommends grief counselling is that, without it, there is an increased chance that Mr. F. might fall back into old unhealthy habits without continued emotional support. In the end, the probation officer fully supports terminating the probation and the Crown is not opposed. To the contrary, the Crown also recognizes the great achievements of this young person. [ 9 ] It is unfortunate that Mr. B.F. is not in Court today because he should be congratulated by the Court for his hard work and great achievements.

He is not here today as I am told he had to attend to a family medical emergency. [ 10 ] I cannot imagine the amount of effort and self-insight that must go into recovery. It must be a difficult and unique road for all individuals, whether they are an adult or a young person, or an Indigenous person, or non-Indigenous person. [ 11 ] Mr. F. may not realize this, but the high school drop out rate for Indigenous youth is 6/10 if you live on First Nations land, 3/10 if you are Indigenous but live off of First Nations land.

This statistic should be considered within the broader concept that non-Indigenous people have an approximate drop out rate of 1/10. Sadly, as well, our jails are filled with Indigenous adults and youth. More often than not, addictions plays a strong role in this high incarceration rate. [ 12 ] It is amazing at such a young age he has been able to complete the program, deal with his addictions issues, understand how important it is to deal with grief issues, and that he has taken active steps towards upgrading his employment training. I am also extremely happy that he has achieved his Dogwood diploma.

If he ever has to walk across a stage to formally receive his high school diploma, I would be honoured to cheer him on, and give him a standing ovation, if I were to be invited to the ceremony. [ 13 ] He is already miles above most in his achievements and it is with great pleasure that I terminate the remainder of his probation and wish him great success in the future. [ 14 ] Many of the decisions I have written have focused on legal issues such as findings of guilt or acquittals. [ 15 ] Today, I wanted to take a moment and celebrate this young Indigenous persons achievements.

Your family and community should be very proud of you. I hope you are too. Well done. [ 16 ] That concludes these reasons. (RULING CONCLUDED)