Transcript of Bail Hearing (2020-09-17)

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Vancouver Registry

In the Provincial Court of British Columbia

(BEFORE JUDICIAL JUSTICE RODGERS)

Burnaby, B.C.

September 17, 2020

REGINA

v.

PATRICK HENRY FOX

PROCEEDINGS AT
JUDICIAL INTERIM RELEASE HEARING

Crown Counsel appearing by teleconference: Chris Johnson

Appearing on his own behalf by videoconference: Patrick Fox

Defence Counsel: Andrew Nelson, Duty Counsel

210515.Sep 17 20.proceedings.docx

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

Phone 250-754-7822

Burnaby, B.C.

September 17, 2020

(VIDEOCONFERENCE COMMENCES)

(ACCUSED FROM REMOTE LOCATION)

Judge:

Good evening, sir. What's your name, please?

Fox:

Patrick Fox.

Judge:

Mr. Fox. Now just a minute. Mr. Johnson, we have to get in touch with Chris Johnson, is that right?

Clerk:

That's correct.

Judge:

Okay. I'll see if I can get him on this line here.

(TELECONFERENCE COMMENCES)

(CROWN COUNSEL MR. JOHNSON FROM REMOTE LOCATION)

Johnson:

Hello, Chris Johnson.

Judge:

Hello Chris, it's Justice Rodgers, formerly Judge Rodgers. I'm dealing with the bail hearing of Mr. Fox. Mr. Fox is presently before me by video from the jail at Vancouver. And also on the line is Mr. Andrew Nelson, who is duty counsel.

So I'm going to hear first of all from you please, Mr. Johnson.

SUBMISSIONS FOR CROWN BY MR. JOHNSON:

Johnson:

Yes, Your Worship. Nice to hear your voice. It's been awhile.

Mr. Fox is before you on two allegations of breach of probation. One is a probation order which emanated from the Supreme Court of British Columbia in 2017, and the other is a probation order which was just granted, I believe, on August the 19th of this year, when Mr. Fox was convicted of breaching probation.

Just briefly by way of some background, Mr. Fox was charged with a number of offences in Supreme Court back in 2017. He elected to have a trial by jury. The jury convicted him of criminal harassment and firearms offences, and he was sentenced by Madam Justice Holmes.

He was sentenced on the charge of criminal harassment to a sentence of three years imprisonment followed by probation for three years, and on the firearms offence he was sentenced to ten months imprisonment which was consecutive to the three years.

And so he's still on probation out of Supreme Court. And that probation order ordered Mr. Fox to remove a website.

And Mr. Fox's former spouse, Your Worship, is a woman by the name of Desiree Capuano. Mr. Fox has engaged in a campaign of criminal harassment against Ms. Capuano, and continues to do that.

I strongly dispute this. There is not, nor was there ever, any harassment against Capuano. Throughout the entire period of time that the Crown and the courts claim I was harassing Capuano, she was consistently the one provoking and initiating the disputes; she was the one consistently escalating the hostilities; she was the one taking actual, physical actions against me to cause my irreparable harm. In almost every instance, all I was doing was responding to what Capuano had instigated. But then, it seems this is the Canadian way: the person who wins the fight is guilty of assault, regardless of who was the aggressor and who was the defender; and if it's a dispute between a male and a female, then the male is the guilty party. Period. Nothing further needs to be considered.

I'm not being bitter or cynical. This is just the reality of how Canadians think. Seriously, look into it.

He -- he did have, at the time of the Supreme Court matter, a website called www.desireecapuano.com. That website is full of information and allegations, many of them, the Crown says, false, relating to his former spouse.

Fox:

They are true. The allegations are true. Stick with the facts, please.

Johnson:

And more -- more recently, he's operated a website called www.desicapuano.com. It was that website, the operation of which he was convicted of before Judge Phillips just last month -- just a few weeks ago, in fact -- and at the time of his conviction, he was sentenced to time served of six months on that matter, and in addition was sentenced to probation, and was required within 24 hours to remove that website.

The police said it came to their attention that that website was operational after Mr. Fox was released in August, and they've conducted an investigation and found that, not only was that website operational but that Mr. Fox had added information to it, including allegations related to the Attorney General and why he wasn't being charged with criminal harassment. I believe it mentioned myself, I'm told, but I haven't seen it.

But in any event, Mr. Fox, when he was sentenced by Judge Phillips, indicated that under no circumstances would he ever remove the website, and in fact he's proved that by his prior conduct and his subsequent conduct.

The Crown says that there is a serious risk that Mr. Fox, if released, will continue the offence, and he's in fact adamant that he will continue the offence.

So the Crown says that he ought to be detained on the secondary ground.

There is a cause for concern on the primary ground as well, Your Worship. Mr. Fox has -- after the Supreme Court matter, he was subsequently charged with breach matters and firearms, and was convicted of attempting to transport firearms from Canada to the United States,

This is false. The firearms charge was part of the criminal harassment case, not subsequent to it.

And the firearms charge was only for having my legal, registered firearms in my possession at a place other than what my ATT (Authorization to Transport) permitted. Namely, the allegation was that I transported my firearms from my apartment in Burnaby to a shipping depot in Burnaby, but my ATT only authorized me to transport between my apartment and either a shooting range or the border. It was an administrative offense (section 93 of the Criminal Code).

I was not convicted of bringing my firearms to the US because I was authorized to do so. I was originally charged with that, but the charge was stayed (after it served it's real purpose, which was only to ensure I'd be denied bail).

which is alarming given that it is believed that his former spouse lives in the United States.

So what! First, the US is a big country. Just because I returned to the US doesn't mean I'm going to be anywhere near where Capuano is. Second, I have at least six other handguns in the US, which were purchased legally in the US before I came to Canada, which aren't registered because there is no firearms registration in Arizona (where I purchased them).

So big fucking deal that I brought the four handguns which I purchased and registered in Canada, back to Los Angeles with me. Even if I had left those guns in Canada, if my intention was to harm Capuano, I could walk into any gun store in Arizona and walk out with a new, unregistered, untraceable handgun 10 minutes later.

The fact that the Canadian authorities made such a big deal about me bringing my Canadian firearms to Los Angeles, considering they knew I had other firearms there, proves that they weren't concerned about me shooting Capuano. They were concerned with me shooting Capuano with the firearms I bought in Canada using the firearms license the RCMP should never have issued me considering I was an illegal alien.

What a fucking dip-shit this Chris Johnson is.

He was sentenced on that matter earlier in 2019. I believe -- I'm not sure if the record is before you or not -- but he received a sentence of 12 months, much of it time served at that point in time.

Judge:

Yes.

Johnson:

So this is an individual who has been convicted on several occasions now with offences related to firstly his former spouse and secondly breaching the orders, and seems to do so with impunity.

And in fact, just as I say, has advised the judge and in fact advised the police I am told when they interviewed him yesterday, that he will never take down the website.

I can advise that the website is operated through a server which is located in the United States, and that server is not subject to Canadian court orders, and so the court orders here have not been successful.

First of all, what court orders here? There have been no Canadian court orders against the hosting provider. There have only been orders against me. And, of course, ordering me to take down a website that isn't mine is going to have absolutely zero effect.

Second, if Capuano, the Crown, the police, or the court really had any interest in getting the website shut down then they could, at any time, seek a US court order for the hosting provider to shut it down. But none of them have taken any steps toward that. They have no interest in actually getting the website shut down; they're only interested in prosecuting and imprisoning me - so that they can publicly say "You see, that's what happens to people who talk shit about us, or expose our corruption and misconduct on the internet."

I think that -- I am told by the police that they were successful in convincing the website operators to close Mr. Fox's website for about six months while he was in jail, but that's where that stands.

Again, this is wrong. What's wrong with this guy's head? Does he have brain damage? This is the same prosecutor that handled the prior case before Judge Phillips a mere four weeks ago. He was there when I cross-examined Detective Fontana about all of this.

So, anyway, the reality is that the Fontana was able to convince a customer service rep at GoDaddy to suspend the website for 90 days, but anything more than that would require a US court order. And they never bothered to pursue a US court order because they knew there was nothing illegal about the website. Moreover, the fact that GoDaddy put the website back online after the 90 days shows that the website doesn't even violate any of GoDaddy's policies.

So Johnson and all the rest of you can just go fuck yourselves. Aren't there any actual criminals in Vancouver that these jackasses should be focusing on instead of wasting their time and resources on all this bullshit?

And so I say that it's a reasonable expectation that Mr. Fox not operate this very harmful website, and Mr. Fox obviously is continuing to do that.

"This very harmful website"? Harmful to who? Capuano? She's the one that put it back online so that I'd be arrested for breaching the probation order, you fucking dumbass! The only people being harmed by this website are the corrupt, lying, cheating, justice system participants who have been involved in the cases against me.

And what does this slippery prick mean "Mr. Fox obviously is continuing to do that"? There was absolutely no evidence that I had any involvement with the website being online or with the material that had recently been published to it.

This is a perfect example of what passes for criminal justice in Canada: you can be arrested, denied bail, imprisoned for a year or more waiting for trial, then convicted and sentenced to 16 months in jail, all without a single piece of evidence that you had anything to do with any of it. And yet these self-righteous jack-offs have the audacity to criticize China for doing that same thing.

Judge:

All right. Well, thank you, Mr. Johnson.

Mr. Fox, I'm going to explain the procedure to you, and then I will answer any questions that you may have.

Fox:

Well, may I respond to Mr. Johnson's comments? Many of his comments were grossly inaccurate.

Judge:

Well, no, it's not the time for that. The time is --

Fox:

[Indiscernible].

Judge:

The time is to see about getting you out of jail if possible.

Now let me explain the procedure to you.

Fox:

Sure.

Judge:

You're entitled to a bail hearing. You can have that bail hearing tonight before me, and I will decide whether you should be released or whether you should be kept in jail until such time as these charges have been dealt with. And that'll be a few weeks or a few months --

Fox:

Weeks?

Judge:

-- depending on -- on what you want to do.

The other choice you have is to adjourn this matter until tomorrow when you would appear before a judge by video, with the assistance of a lawyer, to present a release plan for you.

It seems to me that this is a serious matter --

Fox:

It's not. He is just making up a bunch of crap. Anyway, I'm sorry [indiscernible]

Judge:

In view of your refusal to comply with court orders, it is a serious matter.

Fox:

I don't care. This is -- let's just adjourn this for a week. I'll come back and make another bail hearing at that time.

Judge:

All right. If that's what you wish, Mr. Fox. It will give you a chance to speak to a lawyer as well.

Fox:

I'm going to represent myself. I don't want a lawyer.

Judge:

All right then. Well, you're --

Fox:

And Mr. Johnson, go fuck yourself.

Judge:

Oh, that's not a nice thing to say.

Fox:

I mean it for Mr. Johnson, not for you.

Judge:

Oh, okay. Well, you're adjourned then, back in custody for one week, to the 24th of September. You'll appear by video at 9:30 in the Provincial Court of British Columbia, at 222 Main Street, and I'll put that into the initial appearance room, but you'll be assigned to courtroom to speak with a judge.

Mr. Fox, do you have any questions about all that?

Fox:

None whatsoever, thank you.

Judge:

All right. Thank you and good night.

Fox:

Thank you.

Judge:

Thank you, Mr. Johnson.

Johnson:

Thank you, Your Worship.

(VIDEOCONFERENCE CONCLUDED)

(TELECONFERENCE CONCLUDED)

(PROCEEDINGS ADJOURNED TO SEPTEMBER 24, 2020, AT 9:30 A.M. FOR CONTINUATION)

Transcriber: L. Jamieson