R. v. Breen, 2022 BCPC 174

Citation: R. v. Breen 2022 BCPC 174 Date: 20220803 File No: 89874-1; 89955-1 Registry: Nanaimo IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. HOWARD GERARD BREEN VICTOR LAWRENCE BRICE ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE W. JACKSON Counsel for the Crown: N. Bennet Counsel for the Defendant: E. Strain Place of Hearing: Nanaimo , B.C. Date of Hearing: August 03, 2022 Date of Judgment: August 03, 2022

[1] THE COURT: Mr. Brice appears before the court on two informations. He has entered a guilty plea to Count 2 of Information89874 which is the protest blocking a highway or partly blocking a highway, January the 27th, 2022, and guilty to another protest at abranch of the Royal Bank of Canada on April the 7th, 2022. This was Count 1 of Information 89955. The protest at the highway is notparticularly unusual. It was a peaceful protest blocking the traffic. I am not sure if the protestors gluing themselves to the door at thebank is unique or not.

It is certainly something I have not heard of, but it would certainly be an effective way of protest or at leastcausing disruption at the bank. [2] The Crown suggests 12 months of probation under a suspended sentence. The defence suggested a conditional discharge withthe same terms with a slight modification concerning glues. [3] The Crown has provided me with two cases, the Newfoundland Court of Appeal decision of The Queen v. Elsharawy, (NL CA). That case basically summarizes the Fallofield test, at paragraph 3. As well, I have been provided with a decisionof the B.C. Provincial Court, The Queen v.

Bibbings, [unreported], and The Queen v. Baldwin-Pinch, [unreported], which are,respectively, Richmond File 66275 and Vancouver File 264419. [4] The Crown suggests that because there is a degree of vandalism by the gluing and the fact that there are two incidents, as isreferenced in the Baldwin-Pinch decision, that it would, concerning the second leg of the Fallofield test, undermine public confidence inthe administration of justice if a conditional discharge was granted. The defence, obviously, does not agree. [5] I have also had pointed out to me the highly productive and model citizenship of Mr. Brice.

He was a pharmacist for 34 years.There are eight letters of reference starting with Paul Manly and working through one from Mr. Brice's wife's, Bromlin. These should bestapled together and marked collectively as Exhibit 1 on this sentencing, Madam Clerk. [6] The basis for Mr. Brice's actions were a very obviously sincere concern for the immediate and long-term effects of climatechange and frustration with the lack of political movement despite his attempts to motivate politicians. [7] I will cut to the chase and then give my reasoning. I am going to grant a conditional discharge.

Provincial Court Judge Dhillonreasoned that the presence of two different incidents makes the behaviour of the accused more egregious and willful. There is a counterlogic in the laws of sentencing concerning when there are two incidents close in time that are very similar. This deals with the totalityprinciple of sentencing. Similarly, when in sentencing a second offence would trigger a mandatory higher penalty, if they were bothsentenced at the same time neither one was found to be the prior conviction.

They were both considered first convictions This is not alegal precedent but is simply a logical factor that I am applying. [8] It is not an issue that a conditional discharge is in Mr. Brice's best interest. I do not believe that a conditional discharge in thisparticular set of facts with this particular accused would undermine public confidence in the administration of law. [9] So, on both charges there will be one conditional discharge covering both with probation terms as part of the sentence for 12months. The terms of which are Mr.

Brice: [10] 2001, that you keep the peace and be of good behaviour. [11] 2102, that you must report in person to a probation officer in the office in Nanaimo Community Corrections, 17 Church Street,Nanaimo, British Columbia, no later than noon tomorrow, August the 4th, 2022, and after that, you must report as directed by yourprobation office. [12] 2106, your reporting will end when you have satisfied your probation officer that you have completed all your community workservice. [13] 2509, you must complete 40 hours of community work under the direction of your probation officer.

The community workservice must be completed by January the 31st, 2023. [14] 2301, you must not go to the Royal Bank of Canada located at 110 - 2000 Island Highway North in Nanaimo, British Columbia. [15] This does not have a precedent, Madam Clerk. [16] You must not impede traffic at any public roadway nor impede any person in the course of their transit either on foot, vehicle, orconveyance, and not lie down, sit, or pause for an unreasonable period of time on any public roadway. [17] 2630, you must not possess any glue, Super Glue, adhesive, fixative, or resin outside your residence, except: with the priorwritten permission of your probation officer, or such glue, adhesive, fixative or resin which normally would be used by or with children.You must carry the permission if you have one from the probation office with you, which may be in electronic format, when you possessany of these items outside your residence. [18] Now, Mr.

Brice, you understand those conditions? [19] THE ACCUSED: I do. [20] THE COURT: Yes, thank you. So I will waive the requirement that you be read the order again by a justice of the peace and thatyou have to sign the probation order. You will hear it again from the probation officer tomorrow when you check in. So it will be sent toMs. Strain and she will get you a copy of the order. You will get another one tomorrow, anyway, from the probation office. They willhave you actually sign when they give you a copy. [21] So, I think was there another count, Mr. Bennet?

[ 22 ] CNSL N. BENNET: There is, Your Honour, it's on Information 89874-1, Count 1, a stay of proceedings as against Mr. Brice only. [ 23 ] THE COURT: All right, thank you. [ 24 ] CNSL N. BENNET: Yes, that takes care of the remaining counts, Your Honour. [ 25 ] THE COURT: Thank you.