Refusal to provide disclosure material [Patrick Fox; Chris Johnson (BCPS); Kelsea Goodwillie (BCPS)]
1451 Kingsway Ave
Port Coquitlam, BC
V3C 1S2
222 Main St, #204
Vancouver, BC V6A 2S8
Court File 244069-7-B;
Disclosure material
Dear Sir/Miss:
I respectfully request to be provided a copy of all of the disclosure material in the referenced matter. It was provided to me on 2020-11-23 – a mere three days before the trial – and it was taken back from me today.
Although the trial may be over, I am still going to require access to the disclosure for the purpose of preparing for sentencing and, of course, for the appeal.
If you are unwilling to provide the disclosure material I request you please schedule a hearing at the earliest opportunity so I may present the matter to the court.
Thank you.
Patrick Fox
Hey Chris, we received the attached letter from FOX, requesting his disclosure. I did get the hard drive back from north fraser shortly after the trial was adjourned. Please let me know if you need anything.
Thanks!
Major Trial Legal Assistant
Vancouver Crown Counsel Office
B.C. Prosecution Service | Ministry of Attorney General
204-222 Main Street | Vancouver BC V6A 2S8
Telephone (604) 660-4353 | Fax (604) 660-4347
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Under the Fox disclosure protocol are we allowed to provide him with paper copies? -Chris
Sent from my iPhone
Good morning,
Shannon has been trying to sort out the best method for getting Mr. Fox his disclosure. She has been having many discussions with Patti and the deputy warden at North Fraser. Patti has said no to further paper disclosure, and the deputy warden has explained that having them hold onto the hard drive isn't ideal because they are not there around the clock, so he may not have access to the hard drive every time he wants it. The solution they have come up with is to have his file flagged so his legal box is searched when he is released, and the hard drive returned to us. This will become the new "Fox disclosure protocol" if you are agreeable to it. Please let me know if you think this is acceptable.
Thanks!
Major Trial Legal Assistant
Vancouver Crown Counsel Office
B.C. Prosecution Service | Ministry of Attorney General
204-222 Main Street | Vancouver BC V6A 2S8
Telephone (604) 660-4353 | Fax (604) 660-4347
Hello,
Yes I am agreeable to that.-Chris
Sent from my iPhone
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Hello Kelsea,
Mr Fox was sentenced today to a sentence of 16 1/2 month in jail, plus one year of probation. Less time served he now has to serve an additional 6 months. I'm wondering what our protocol is regarding any disclosure that he still has? Thank you for all of your help in this matter.
-Chris
Sent from my iPhone
Hi Chris,
The only disclosure he should still have is the small paper disclosure we sent in the very beginning. I'm not sure if this is something we would be able to have returned, if he even still has it? It was very small. I do have the hard drive, so that's one less thing to worry about...
Major Trial Legal Assistant
Vancouver Crown Counsel Office
B.C. Prosecution Service | Ministry of Attorney General
204-222 Main Street | Vancouver BC V6A 2S8
Telephone (604) 660-4353 | Fax (604) 660-4347
[EXTERNAL] This email came from an external source. Only open attachments or links that you are expecting from a known sender.
Sounds good to me. Thanks again for all your help. I'm happy to have this file finished with!
-Chris
Sent from my iPhone
1451 Kingsway Ave
Port Coquitlam, BC
V3C 1S2
Johnson Doyle Nelson & Anderson
325 Howe St, Suite 601
Vancouver, BC V6C 1Z7
Court File 244069-7-B;
Disclosure material – second request
Dear Mr. Johnson:
On 2020-11-27 I sent a letter to the BCPS office at 222 Main St, requesting a copy of the disclosure material in this matter because I will need it in preparing and presenting my sentencing submissions. It is my understanding that letter has been forwarded to you.
I have still not received any response to that request.
I assume you are also aware of the recent (2020-11-30) editorial I wrote/published regarding your handling of this case so I'm not going to repeat everything covered therein. I believe it is sufficient to say I intend to rely on or refer to specific segments of the VPD interview video to support my position on sentencing. I have a right to do so, and therefore the BCPS is legally required to provide me that video so I can prepare my sentencing submissions.
Thank you.
Patrick Fox