Transcript of Status Conference (2023-03-21)
Court of Appeal CA49120
244069-10-BC
Vancouver Registry
In the Provincial Court of British Columbia
(BEFORE THE HONOURABLE JUDGE ST. PIERRE)
Vancouver, B.C.
March 21, 2023
REX
v.
PATRICK HENRY FOX
v.
PATRICK HENRY FOX
PROCEEDINGS (Confirm Trial Date)
BAN ON PUBLICATION 486.5(1) CCC
244069-10-BC
Vancouver Registry
In the Provincial Court of British Columbia
(BEFORE THE HONOURABLE JUDGE ST. PIERRE)
Vancouver, B.C.
March 21, 2023
REX
v.
PATRICK HENRY FOX
v.
PATRICK HENRY FOX
PROCEEDINGS (Confirm Trial Date)
BAN ON PUBLICATION 486.5(1) CCC
Crown Counsel: Ryan Elias
Appearing on his own behalf: Patrick Fox
Vancouver, B.C.
March 21, 2023
(VIDEOCONFERENCE COMMENCES)
(CSL R. ELIAS FROM REMOTE LOCATION)
(ACCUSED FROM REMOTE LOCATION)
Elias:
Yes, thank you, Your Honour, number 21, please.
And Your Honour, for the record, it's Elias, E-l-i-a-s, first initial R. I use he and him pronouns and I'm here for the Provincial Crown.
I see Mr . Fox in the video room there.
Judge:
Yes. Mr. Fox, you can hear us okay?
Fox:
Yes, I can hear you.
Judge:
Thank you. All right.
Elias:
And Your Honour, we are mid-trial with Mr. Fox right now. There was a -- our last trial date was March 27th and there was an adjournment for -- for a disclosure request that Mr. Fox has made. Today was just the second check-in to see how that was progressing and confirm that our next trial date, March 28th, can proceed and, in my view, it can. We received Mr. Fox's request last week.
Judge:
You said you were last in court -- I'm -- I thought you said --
Elias:
March 7th.
Judge:
March 7th. I thought you said 27th. Okay. March 7th.
Elias:
I probably misspoke, Your Honour, I apologize.
Judge:
And who's -- who's the judge who's seized?
Elias:
Judge Oulton.
Judge:
Judge Oulton. Okay. There was a -- there's a -- Mr. Fox's disclosure request.
Mr. Fox, are you receiving anything?
Fox:
I have not received any response or further information regarding the recent disclosure.
Judge:
Okay. And so, you haven't received any mail or word from the Crown with respect to --
Elias:
That's correct, Your Honour .
Judge:
All right. Yes.
Elias:
Oh , sorry, I apologize for interrupting.
Judge:
Yes, Mr. Elias.
Elias:
We've received -- we've received his -- his request. We're working on it. I got an update from the VPD yesterday with a preview of some of the material they're gathering.
Judge:
Yes.
Elias:
And I hope to have that ready to go to Mr. Fox in the next day or two. So, it's cutting it a little tight --
Judge:
Mm-hmm.
Elias:
-- given that it takes one or two days to get the material to him.
Other elements of his request, the Crown is going to take the position that it's not relevant. So, regardless, in my -- in my view, we should return before Judge Oulton on the 28th to discuss the disclosure matters and see if we can proceed with the trial. I hope that we can.
Judge:
Okay. All right. Mr. Fox, I guess the upshot of that is you're either going to be satisfied or not. But on the 28th, you can bring those concerns to Judge Oulton and deal with it on the record in front of the trial judge; okay?
So, I'll -- I'll maintain the 28th date, then.
You're coming in person on that date.
Fox:
Yes.
Judge:
Yes, okay. Thanks, Mr. Fox.
Fox:
Thank you.
Elias:
Thank you, Your Honour. And that's my only matter before you today.
Judge:
Okay. Thanks, Mr. Elias.
(VIDEOCONFERENCE CONCLUDED)
(PROCEEDINGS ADJOURNED TO MARCH 28, 2023, AT 9:30 A.M.)
Transcriber: P. Moore