Transcript of Pre-Sentencing Hearing (2021-02-02)
Synopsis
This hearing is extremely critical because the prosecutor, Chris Johnson, actually admitted, on the record, that the reason I am in custody and being prosecuted is because my disclosure material keeps getting published on the internet p4l12-21.
In other words, all these prosecutions against me have nothing to do with enforcing probation orders or protecting Capuano from harassment - it's really just retaliation for exposing the corruption and ineptitude of the BC prosecutors and judges.
PDF244069-7-B
Vancouver Registry
In the Provincial Court of British Columbia
(BEFORE THE HONOURABLE JUDGE RIDEOUT)
Vancouver, B.C.
February 2, 2021
REGINA
v.
PATRICK HENRY FOX
v.
PATRICK HENRY FOX
PROCEEDINGS
(Fix Date for Sentencing)
(Fix Date for Sentencing)
Crown Counsel appearing by teleconference: Chris Johnson, Q.C.
Appearing on his own behalf by videoconference: Patrick Fox
Vancouver, B.C.
February 2, 2021
(VIDEOCONFERENCE COMMENCES)
(ACCUSED IN REMOTE LOCATION)
Judge:
Mr. Fox, you can hear us and see us okay?
Fox:
I can, and am I properly positioned? Can you see me okay?
Judge:
Yes, it's excellent. Thank you. Mr. Johnson is here for the Crown.
Johnson:
Yes.
Judge:
He was the one who conducted the Crown trial, as you might recall.
Fox:
Oh, yes.
Johnson:
Chris Johnson, Your Honour, for the record. We're here today to fix a date for sentencing on -- prior to -- I think it was in December, actually. Your Honour requested a psychiatric report. I completed the papers, but I didn't follow through on their filing. So, that actually has not been done.
And subject to what Mr. Fox has to say, I'm prepared to deal with the sentencing sooner rather than later and forgo the report, but of course that's up to --
Judge:
Yes, I ordered it. Mr. Fox, in light of the current COVID-19 restrictions, they can't have any in-person assessments done. It's done over the phone. It's not adequate in my view. I'd like to find out how you think and so on, but unless you want a psychiatric opinion I'm not going to -- I'm going to withdraw that request that you be shrunk by a psychiatrist, okay?
Fox:
Okay. I would like to say, though, that my preference would be that the psych assessment would be done, but of course again only if it would be recorded and copy of the recording is provided to me.
Judge:
Well, yeah -- yeah, you get a copy of the psychiatrist's notes and so on, but no recording. So, if you're not -- if you're not up for that, then I won't -- I won't order it, okay? I see you're shaking your head.
Fox:
Okay.
Judge:
So, let's just erase that and as far as timing for a sentencing matter, Mr. Johnson, what --
Johnson:
Your Honour, for the sentencing I can make my submissions probably within 15 or 20 minutes I would imagine, but I think Mr. Fox might have more to say.
Fox:
Yes.
Judge:
And with respect to sentencing, Mr. Fox, unless there's some reason why you'd be brought in person, we would do it virtually by way of the CCTV. Are you content with that?
Fox:
[Indiscernible/videoconference]
Judge:
It's your call. You can come in and I can do it personally.
Fox:
I would prefer -- sorry. I would really prefer to be here in person because anytime I'm making submissions, I believe it puts me at a substantial disadvantage being in a little closet with no table. It's difficult to take notes. But there is an issue that I think needs to be raised before we proceed with that.
I've been bothering -- or I shouldn't say bothering. I've been requesting of Mr. Johnson that he provide me a copy of the disclosure material. It was provided to me three days before the trial and then taken back from me the day after the trial because I intend to rely on some of that, particularly the interview with Detective Dent, at the sentencing. However, he has, it seems, completely ignored my numerous requests.
Judge:
So, in particular you're looking for a copy of the interview conducted by Constable Dent with you?
Fox:
Well, yes, that's the most significant thing --
Johnson:
Mr. Fox, if I can just ask you a question? Are you -- are you saying that all of the particulars that were given to you with respect to this matter were then taken back?
Fox:
Everything that was on the hard drive. The hard drive was taken back and that is essentially what was given to me other than a copy of the indictment. Yes, it was [indiscernible].
Judge:
Who took it back? The prison authorities took it back?
Fox:
Yes, they said that the Crown contacted them and requested that it be [indiscernible].
Johnson:
There's a Crown -- there's a procedure in place with respect to Mr. Fox because --
Judge:
Because of a --
Johnson:
I believe it's because a laptop disappeared at some point in time and I don't say that that was --
Judge:
No, no, no. Can we get him --
Johnson:
I can definitely get him, I think within a few days, the interview, but if he wants everything, that would take longer.
Fox:
Okay. Can I say? Since I'm a software engineer and systems analyst, I know a lot about computers and what you're saying, it would take longer to copy the PDF files than it would if you were copying just the [video, the mp4] files makes absolutely no sense. It would take [just as long].
Judge:
I mean, we've -- we've had the trial, I found you guilty of the single count.
Fox:
[indiscernible/overlapping voices]
Judge:
What would you need all the disclosure for on sentence?
Fox:
Well, that's the thing. I can't really say off the top of my head right now. I only had it in my possession for literally two and a half days before the trial. Like, I didn't really go through it all that extensively, so there might be more stuff in there that might be beneficial at sentencing.
Judge:
I mean --
Fox:
I don't know why the Crown would have an aversion to this.
Judge:
I know you told me that you were planning to appeal the conviction and that -- you know, that's your business, not mine.
Fox:
Yes.
Judge:
But as far as the impact on -- and you'd have to get transcripts and so on, but I'm not -- I can't advocate for you. You know that. But you're a smart guy. It's just what you would need for sentence because it's pretty straightforward. There will probably be a couple of cases Mr. Johnson's going to rely upon from a superior court, either the Supreme Court or B.C. Court of Appeal, in relation to the sentence. Not a lot. I'm not -- I don't want a lot. And then it comes down to a number less the time that you've -- that's enhanced at 1.5 to one.
Fox:
Sure. And I anticipate that Mr. Johnson is going to argue that given my statements to Detective Dent that that shows that I have a complete disregard for justice or for the court or that I had contempt of the court, some other nonsense. So, certainly --
Judge:
Well, let's get Constable Dent's interview with you.
Johnson:
I'll get the entirety of that to you, Mr. Fox.
Judge:
All right? There you go.
Fox:
Wonderful. And if Mr. Johnson has any concerns about me publishing the material or such, he can rest assured I already have a copy of that material, I just don't have it here in the jail. So, it is going to be published. I mean, providing a copy, not providing a copy to me here right now isn't going to affect that at all.
Judge:
Yes.
Johnson:
I think that may be why you're here today, Mr. Fox, because it was published.
Judge:
Yes.
Were you going to be asking for another probation order or is it just going to be a straight sentence?
Johnson:
Straight sentence.
Judge:
And that's it?
Johnson:
He's still on a very long --
Judge:
So, it's not going to take that long to do. You're going to have to get the material. You're entitled to 1.5 to one under the Criminal Code and I'll be applying that. I think Mr. Johnson said something along the lines of 18 months as I recall. I'm not going to hold him --
Fox:
Eighteen to 24.
Judge:
Eighteen to 24? So, you can do the math as well as I. You're probably better at math than I am. I'm not saying that's the number. It's the Crown position. It's my number that counts, not the Crown number that counts and you know that.
Fox:
Am I going to be getting any credit for the four months that I had previously served that wasn't given to any of the other convictions as well or --
Judge:
I don't know what I'm going to do with -- Mr. Johnson, as an officer of the court,
the Crown, he will do the math for me from the Crown perspective, you're going to do the math from your perspective, and I'll work it out from there.
Johnson:
On this case, Mr. Fox, I'm looking at the court list which does indicate how long you've been here. It says 138 days on this file.
Fox:
Yes, on this file, but when I was in previously, there was still four months that hadn't been allocated to one of the other charges.
Johnson:
Yeah. I think you're entitled to make submissions on that.
Fox:
Sure.
Johnson:
I wouldn't agree with that generally as a principle because you're entitled to time with respect to this file, not other files.
Judge:
So, that will be something for me to work out in due course, Mr. Fox.
Fox:
Uh-huh.
Judge:
I will have you brought in person since you -- it probably would be better anyways for you to address the court rather than, as you say, in a small room in this sort of cloistered position you're in, and the matter is to go to the case manager.
Mr. Johnson, when can we -- how much time do you think? An hour, hour and a half?
Johnson:
Does Your Honour have time this morning? I could simply run up there now or --
Judge:
He wants to be brought in.
Johnson:
Oh, yeah.
Judge:
But --
Johnson:
To get a date.
Judge:
Yes.
Johnson:
Is it possible, Mr. Sheriff, to keep Mr. Fox there for about 15 minutes?
Judge:
I'm --
Sheriff:
They only have two rooms right now, so probably not, but --
Johnson:
Oh.
Sheriff:
-- we could request him back later on.
Judge:
Well, we can have him -- why don't we do this, Mr. Fox? Mr. Johnson is going to fix the date with the case manager today and we'll have you back tomorrow morning in this court, I'm sitting here tomorrow morning, to confirm that date.
Fox:
Okay. But, Mr. Johnson, please keep in mind that because I'm in custody, I have to contact somebody on the outside to do the legal research like on CanLii, send that to me, then I review it and ask them to bring those cases. So, clearly I need some time to --
Judge:
How much time do you think?
Johnson:
Are you saying about a month or what are you saying? Sorry, Your Honour.
Fox:
I honestly cannot estimate. I mean, at least a month.
Johnson:
All right.
Judge:
Okay.
Johnson:
And, Your Honour, setting aside how much time?
Judge:
An hour.
Johnson:
Thank you.
Judge:
Oh, well, better -- it might be half a day just in case. I don't know if you plan to testify at your sentence or not. I can't imagine you taking the witness box again. It's really down to the number. But you're self-represented. I don't want to set less time, but let's do this. Set an hour and a half, but for the morning in case we've got to carry over into the afternoon, Mr. Johnson.
Johnson:
Thank you.
Judge:
And we'll have you back --
Fox:
[Indiscernible/videoconference]
Judge:
-- Mr. Fox, tomorrow morning, 9:30, back in front of me to confirm that date, okay?
Fox:
Sure. One quick thing, though, that I wanted to check on. At the trial the court had said that they were going to order the transcript of the trial.
Judge:
No.
Fox:
I've not heard anything further on that.
Judge:
No, no, no. I said if you plan to appeal, it's your obligation to get transcripts and file them and so on. I'm not getting a transcript.
Fox:
Okay. No, no, but actually at that hearing on November 26th you did explicitly state that you were going to order the transcripts. That's when I said, well, I'm going to appeal, so that doesn't matter anyway. And then you said I have a right to do so, but you're still going to go ahead and order the transcript.
Judge:
I don't --
Fox:
But now you're saying you're not. That's fine.
Judge:
Yes, I don't recall -- you can always get a copy of the transcript -- you're a computer whiz. You can always get it sent to you by -- electronically and you can download it if you have access to a computer.
Fox:
I understand all that. I was just wondering where we stood on the court ordering it.
Judge:
No, unless there was something exceptional going on, I was not planning to order a transcript.
Fox:
Okay. Wonderful.
Judge:
All right? All right, tomorrow morning see you back, 9:30, and we'll have the date with Mr. Johnson and confirm it tomorrow.
Clerk:
And that's by video, Your Honour?
Judge:
Yes.
Johnson:
Thank you, Your Honour.
Judge:
And for the sentence proper he is to be brought in person. Thanks, Mr. Johnson.
Johnson:
Thank you, Your Honour. I may have to phone in or have somebody from my office appear tomorrow. I'm just letting you know.
Judge:
That's fine.
Johnson:
Thank you. And is Your Honour sitting in this court tomorrow? Thank you.
Judge:
Yes, the three-day matter that fell apart because of COVID.
Clerk:
Can I just confirm that the psych report that was ordered but didn't go through, do you know when it was ordered?
Johnson:
It was ordered --
Judge:
It was ordered the day I convicted him.
Johnson:
-- by His Honour --
Clerk:
Okay.
Johnson:
-- but I was supposed to follow through and --
Clerk:
Okay.
Johnson:
-- didn't.
Clerk:
[Indiscernible/not near microphone]
Johnson:
Do you need my phone number for the file in case by phone tomorrow?
Clerk:
That would be great. I'll just go off the record.
Transcriber: S. Houde