Transcript of Sentencing Hearing (2021-04-12)

Synopsis

The prosecutor, Chris Johnson, still had not returned the disclosure material to me so I was not able to prepare sentencing arguments.

I expressed this to the judge, who responded "Don't you want to get this over with?" I said: No, I don't care about sitting in jail for the rest of my life, what I care about is exposing the corruption and misconduct that has been going on in my cases.

Regardless, the judge moved forward with the sentencing anyway, giving me 16.5 months in prison.

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Court of Appeal CA47391

COURT OF APPEAL

ON APPEAL FROM THE PROVINCIAL COURT OF BRITISH COLUMBIA, FROM THE JUDGMENT OF THE HONOURABLE JUDGE RIDEOUT, PRONOUNCED ON THE 26TH DAY OF NOVEMBER 2020, AND FROM THE SENTENCE PRONOUNCED ON THE 12TH DAY OF APRIL 2021.

REGINA

RESPONDENT

v.

PATRICK HENRY FOX

APPELLANT

TRANSCRIPT

Ministry of Justice, Solicitors for the Crown (Respondent)
Criminal Justice Branch, Criminal Appeals
6th Floor, 865 Hornby Street
Vancouver, B.C. V6Z 2G3
Phone: (604) 660-1126

David Layton, Q.C.

Patrick Fox, Appellant
Appearing on his own behalf

J.C. WordAssist Ltd. (Head Office)

111 Skinner Street, Nanaimo, B.C. V9R 5E8

Phone 250-754-7822

244069-7-B

Vancouver Registry

In the Provincial Court of British Columbia

(BEFORE THE HONOURABLE JUDGE RIDEOUT)

Vancouver, B.C.

April 12, 2021

REGINA

v.

PATRICK HENRY FOX

PROCEEDINGS AT TRIAL
AND SENTENCE

Crown Counsel: Chris Johnson, Q.C.

Appearing on his own behalf: Patrick Fox

219025_TRANSCRIPT

J.C. WordAssist Ltd. (Head Office)

111 Skinner Street, Nanaimo, B.C. V9R 5E8

Phone 250-754-7822

INDEX

Submissions on Sentence for Crown by Cnsl C. Johnson
Submissions on Sentence for Accused by Patrick Fox

EXHIBITS

Nil

RULINGS

[REASONS FOR SENTENCE]

Vancouver, B.C.

April 12, 2021

(VIDEOCONFERENCE COMMENCES)

(CROWN COUNSEL CNSL C. JOHNSON FROM REMOTE LOCATION)

(ACCUSED FROM REMOTE LOCATION)

Judge:

Good morning.

Johnson:

Good morning. Chris Johnson here [indiscernible/videoconference] appear for the provincial Crown, and I'm calling the Patrick Fox matter.

Judge:

So, Mr. Fox, I'm obliged to go through this. I've found you guilty of Count 1 on this information. You are self-represented. You are entitled to have legal counsel at every turn. Do you wish to proceed without legal counsel and represent yourself?

Fox:

I do.

Judge:

Thank you. All right. When was the conviction -- when did I convict him? I think it was November 26. Yes.

Mr. Johnson, did you do the math for me? I don't like math.

SUBMISSIONS ON SENTENCE FOR CROWN BY CNSL C. JOHNSON:

Johnson:

He's been in custody from September the 17th until today's date, which is – rounding up a little bit is seven months. And with time served that would be 10 and a half months.

Judge:

Do you agree, Mr. Fox?

Fox:

Sure.

Judge:

But time credited -- it's important -- so it's 10 -- 10 months and 15 days is time credited.

Fox:

Okay. Yes, sir.

Johnson:

Yeah, I'm giving him credit for a few extra days.

Judge:

Yes. So it's in your interest. So 10 months and 15 days. What's -- Mr. Johnson, what's your position on -- I know his background. What's your position on any further time?

Johnson:

Well, the Crown seeks a sentence -- I think I indicated on the last occasion -- 18 to 24 months.

Judge:

Yes, you --

Johnson:

And the --

Judge:

You did.

Johnson:

The reason for that is the record and the [indiscernible/videoconference] nature of Mr. Fox's conduct. And so I feel [indiscernible/ videoconference] other options to prevent Mr. Fox from conducting himself in this way. So that's the sentence the Crown's seeking.

[indiscernible/videoconference] have a record, which is, I believe, before the court. But if it's not, I don't think [indiscernible/videoconference].

Judge:

I've got it.

Johnson:

And so, Your Honour, he was convicted on November 10th of 2017. He was [indiscernible/ videoconference] of criminal harassment, possessing a firearm in an unauthorized place.

Judge:

Right.

Johnson:

That conduct all related to his former spouse and a website that he created to harass her. And his sentence at that point in time, he'd been in jail for 17 months, and so he received a time-served sentence plus three years of probation. And that probation [indiscernible/ videoconference]. But in any event, he then [indiscernible/videoconference] on June the 12th of 2020 and on that occasion he received a sentence of 12 months, but he'd been in jail for eight months, so he received a time-served sentence and an additional term of probation of 18 months. And he is on probation from that.

And then on August the 19th of 2020 he was convicted of further -- these are all [indiscernible/videoconference].

Judge:

Right.

Johnson:

There's some issues. On that day he was convicted of breach of probation and received a sentence of six months, but I believe it was four months [indiscernible/videoconference] last occasion.

Judge:

You're breaking --

Johnson:

[Indiscernible/videoconference].

Judge:

You're breaking up, Mr. Johnson.

Johnson:

Oh, yeah. My video seems very disrupted. Can you hear me now, Your Honour?

Judge:

Now I can, yes.

Johnson:

So on that last occasion Mr. Fox received a reasonable sentence and then on release continued the various [indiscernible/videoconference] conduct, and so that's why the Crown takes the position it does today.

Judge:

Okay. What about any further probation?

Johnson:

Yes, I'd ask for another year of probation with the same terms. I don't know whether Your Honour has the probation order before you of either of -- this matter.

Judge:

I've got both Madam Justice Holmes' probation order and Judge Phillips' order.

Johnson:

Yes. And so I don't have Judge Phillips' order before me. Madam Justice Holmes' order contained a number of protective conditions, including not to operate or contribute to any website relating to Desi --

Judge:

Desiree.

Johnson:

And so that's what I'd be seeking.

Judge:

Okay.

Johnson:

And I believe, Your Honour, in the probation order of Judge Phillips Mr. Fox was directed to remove the website that he operated relating to Ms. Capuano and failed to do so. So I'm asking again for an order that that website be removed.

Crown and various BC courts have, at various times, claimed they interpret the wording of Condition 4 of the Judge Phillips order (which is effectively identical to the wording of Condition 13 of the Justice Holmes order, and Condition 6 of the Rideout order) as requiring me to remove the website from the internet and to keep it removed for the entire duration of the order.

However, if that is the case then there would be no need for Crown to seek another order containing that same condition here, because the condition from the Holmes order is still in effect. This proves (just as it did at the Phillips sentencing) that the Crown doesn't actually interpret the wording of the condition in that way. The Crown actually interprets it as only imposing a requirement on me for the specified period of 48 hours following my release from custody.

You will notice, at the 2021-02-02 appearance, Rideout asked Johnson if he was seeking another probation order and Johnson said no, because the Holmes order is still in effect for a significant duration (2021-02-02 p4l22-27). That would mean at that time Johnson had mistakenly understood Condition 13 of the Holmes order to impose that requirement on me for the entire duration of the order, so a new order with the same condition would not be necessary (it would be redundant). But he must have subsequently realized that was wrong, and that the condition only imposed the requirement on me for the brief period following my release, which is why he changed his position and said the Crown wants another probation order with that same condition (just like he requested at the Phillips trial/sentencing (2020-08-19 p52l12-25)).

Judge:

Okay. Mr. Fox, what's your position? You're asking for time served, I take it?

SUBMISSIONS ON SENTENCE FOR ACCUSED BY PATRICK FOX:

Fox:

Well, my first -- first I have to say I'm very unprepared to proceed with sentencing at this point because I still have not received the disclosure material, namely the interview with Detective Dent. The Crown keeps saying that they're going to provide me with a copy so I can prepare some submissions.

Second, at the previous appearance the Crown had said that they weren't seeking any additional probation, but now they're saying they are, so I'm caught off guard by that as well.

Judge:

I've got a transcript of Constable Irmalov [phonetic] in front of me. Is there some other transcript that you're seeking from a different police officer that might be relevant, Mr. Fox?

Fox:

Yes, the interview that Detective Dent had conducted of me was the only interview in this matter. Detective Dent was the VPD officer that testified at the trial. And I brought this up at the previous hearing that I'd been requesting a copy of that so that I could use that as evidence at my sentencing. The Crown said that they would provide it. It's been another two months, and they still have not provided it.

Johnson:

My recollection, Your Honour, is that that -- Mr. Fox, I believe you were provided with that and it was retrieved after you were convicted. Is that not correct?

Fox:

I had it in my possession for two and a half days. The Crown provided it to me three days before the trial and then took it back immediately the day after the trial. But for the purposes of sentencing, to use that as mitigating evidence, I would like to be able to show that the statements that were made by me to Detective Dent were not as the Crown was portraying them at the trial. Most of those statements by myself and by Detective Dent were actually made sarcastically or jokingly, and the Crown [indiscernible/ videoconference] at the trial, but [indiscernible/videoconference].

So that's where I stand at this point.

Johnson:

Mr. Fox, at least in my view, it's entirely open to you to make that submission. And I don't pretend to be able to say whether you're being sarcastic or not.

Fox:

Well, I can't refer to specific statements that were made because this was seven months ago. I don't remember them off the top of my head. I need the interview so that I can make the notes so that I can come in and present logical arguments.

Judge:

I mean, don't you want to get this over with?

Fox:

No.

Judge:

No?

Fox:

I want truth and justice to be exposed. I want corruption and misconduct to be exposed. That's what I want. I don't care about sitting in jail for the rest of my life.

Judge:

Well, I do.

Fox:

Let me sit here. I don't give a crap.

Judge:

Your liberty interests are important. It's part of our Charter of Rights.

Fox:

The truth is also important, is it not?

Judge:

Of course it's important.

Fox:

I mean, evidence is important, right?

In response to my complaints that I can't possibly be ready to proceed with the sentencing because the Crown still hasn't provided me the disclosure material for me to be able to prove my statements were not serious, Rideout asks "Don't you want to get this over with?" I tell him no, I'm concerned with with the truth and justice and exposing corruption and misconduct. I tell him I'm not concerned with how long I will have to sit in jail.

It's not about sitting in jail, it's about proving to everybody who might Google me, for the rest of my life, that I didn't commit the offenses I've been accused of committing. It's about proving that the only reason I was found guilty is because of the outrageous corruption and collusion that has been going on in my cases.

Judge:

I've -- I've made a finding. You can always appeal my ruling, right? You have ground -- you can always go the appeal route. Whether you succeed or not is another matter. But let's -- let's deal with the probation order.

I was going to put you on probation whether Mr. Johnson asked for it or not, simply protective conditions, no reporting or anything like that. What's your position on that? Because I'd like to get this done today.

Fox:

My position on probation is that I have no legal status in Canada. I'm not [indiscernible/videoconference] in Canada. And so the first opportunity that I have to get myself deported or to leave Canada, I intend to do so. As soon as this current probation order expires in December, is finished, and there's no condition requiring me for remaining illegally in British Columbia, I intend to leave Canada. So any probation conditions that are imposed at this point are going to be very unenforceable once I return to my country of origin. That's my position on probation.

Johnson:

Just on that point, Your Honour, I think you're -- the court is aware that the Crown disputes that --

Judge:

Yes.

Johnson:

-- and takes the position that Mr. Fox is a Canadian citizen.

Judge:

Yes, he pitched this --

Fox:

I have documents.

Judge:

It's okay, Mr. Fox. You've pitched that already in front of me, so you're repeating what -- I mean, you're going to have to sort that out. It's something that is out of my hands, right. It is out of my hands.

Fox:

Well, what you could do is you could phrase the probation conditions, make them contingent on me actually being authorized to be in Canada.

Judge:

Well, there are statutory conditions that apply, right? There are mandatory statutory conditions in relation to a probation order. I can't do anything about that. You're stuck with those conditions.

Fox:

Yeah. I'm not concerned about those ones.

Judge:

Well, one of them is that you shall remain within the jurisdiction of Canada.

Fox:

That's not a mandatory condition.

Judge:

Yes, it is actually. Report to the court, you have to stay and so on.

Fox:

But reporting is not a mandatory condition either.

Judge:

I'm not going to have --

Fox:

[indiscernible/overlapping speakers]

Judge:

I'm not going to have a reporting condition.

Fox:

Right.

Judge:

I mean, you've got to get this done.

So now Rideout is insisting that we need to get this sentencing done.

So, they lock you up; don't allow you access to legal research material for you to be able to prepare any legal arguments; don't allow you access to the disclosure material for you to be able to prove the Crown and the police grossly misrepresented the facts; then when you complain about these injustices, they accuse you of delaying and force the proceedings forward anyway. And remember, this is the same judge who, at the trial, when I complained about the Crown failing to inform me of their intention to call Dent as a witness he said I should have raised that issue before the trial, and he refused to either exclude Dent or grant an adjournment so I could prepare.

Don't kid yourself. Judge Rideout is just as sleazy and greasy and Chris Johnson.

[REASONS FOR SENTENCE]

Judge:

And, Mr. Registrar, the wording is in the probation order of Madam Justice Heather Holmes. You can find it there to be exact. And also the order of Judge Phillips, which I am handing back.

Johnson:

Your Honour, can I just clarify the sentence. I wasn't clear on what sentence he's proceeding as of today --

Judge:

Six months --

Johnson:

-- in jail.

Judge:

Six months new time.

Johnson:

Okay. Thank you. So in other words has a total sentence of 16 months because he's being given credit -- or sorry --

Judge:

Yes, 16 months and 15 days.

Johnson:

Yeah, okay. Thank you.

Judge:

So, Mr. Fox, as a matter of law you'll be eligible to apply for parole after one third of that sentence. I don't know if that's going to happen or not. Certainly after two thirds of the sentence generally you will be released, unless you're [indiscernible]. I don't know what's going to happen. But that's it for the -- we have to get this concluded, Mr. Fox. It's just gone on too long.

Johnson:

Thank you, Your Honour. The Crown doesn't have anything to add at this stage.

Judge:

Any questions, Mr. Fox?

Fox:

Well -- nah.

Judge:

No? Thank you, sir. Good luck in the future, sir. Mr. Johnson.

Fox:

Thank you. I look forward to being back here in the future.

Judge:

Mr. Johnson, thank you.

Johnson:

Thank you, Your Honour.

Judge:

All right.

(VIDEOCONFERENCES CONCLUDED)

Clerk:

Would you like him -- do you need him to sign documents?

Judge:

Oh, no. We should've -- actually, I didn't cover that, did I?

Clerk:

That's okay.

Judge:

I didn't go through, do you -- well, he did understand the terms and conditions. We're going to dispense with his signature. He knows the routine.

Clerk:

Okay.

Judge:

He's been around the block.

(PROCEEDINGS CONCLUDED)

Transcriber: A. Pinsent