Transcript of Bail Hearing (2020-10-05)
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Vancouver Registry
In the Provincial Court of British Columbia
(BEFORE THE HONOURABLE JUDGE DHILLON)
Vancouver, B.C.
October 5, 2020
REGINA
v.
PATRICK HENRY FOX
v.
PATRICK HENRY FOX
PROCEEDINGS
(Adjournment)
(Adjournment)
Crown Counsel: Chris Johnson, Q.C.
Appearing on his own behalf appearing by videoconference: Patrick Fox
Vancouver, B.C.
October 5, 2020
(VIDEOCONFERENCE COMMENCES)
(ACCUSED IN REMOTE LOCATION)
Johnson:
Chris Johnson, Your Honour, appearing for the Provincial Crown on one file. It's I believe number nine, Patrick Fox, and he's appearing by video.
Judge:
Yes, thank you.
Clerk:
And, Your Honour, I don't have [indiscernible/not near microphone].
Johnson:
So, the matter was adjourned to today's date to determine whether Mr. Fox is ready to fix a date for a bail hearing --
Judge:
All right.
Johnson:
-- because we anticipate it'll take more than 20 minutes.
Judge:
Is Mr. Fox available?
Clerk:
Yes.
Judge:
And what about the file? Madam Clerk says she needs the file to --
Johnson:
I think -- I did canvass with Madam Clerk. If it's being put to another date, then she can catch up.
Judge:
All right. Sir, what is your name?
Fox:
Patrick Fox.
Judge:
Mr. Fox, I'm going to allow counsel to introduce themselves for the record.
Johnson:
Chris Johnson, Your Honour, J-o-h-n-s-o-n. I'm appearing on behalf of the Provincial Crown on this matter.
So, Mr. Fox, you'll recall on the last occasion it was adjourned to today so that you could advise whether you're ready to fix a date for a bail hearing.
Fox:
Um -- fix the date for a bail hearing? Interesting. Well, I had received some of the material I was waiting for last week, but the jail, as you can see, they rejected it, so I had to have them sent again and it hasn't arrived yet.
With respect to setting a date for a bail hearing, I'm hoping to -- well, I don't want to waste the court's time in doing it too soon, but at the same time I don't want it to drag on for too long. I don't know -- say a week, two weeks, but I think I'd prefer to appear in person if I'm going to be making submissions.
Johnson:
Are you wanting to actually fix a date in a -- when you say a week or two weeks, do you want us -- do you want me to arrange an actual date? Because my estimate is your bail hearing will take about half an hour to 45 minutes.
Judge:
Yes.
Johnson:
But I don't -- sorry, Mr. Fox, the materials that you're waiting for, are they in -- with respect to a bail hearing or something else?
Fox:
They're respect to the bail hearing. I'm assuming you're going to bring up the same ridiculous arguments that you brought up at that first bail hearing on September 17th, like the nonsense about the firearms and all that silliness.
Judge:
All right. Mr. Fox, you know, you have an editorial opinion. Why don't you keep that to yourself?
Fox:
Sure.
Judge:
And just -- I take it that, Mr. Johnson, you're going to rely on the same facts and principles?
Johnson:
Yes. Mr. Fox, when you first appeared before a justice of the peace on Friday, I set out a summary of what I intend to say at a bail hearing
and I still intend to do that.
Judge:
All right. So, let's get back to the scheduling issue. Do you wish to come back in a week's time to indicate whether you're ready to fix a date or do you want to have your hearing go a week from -- in about a week? What is it that you're asking for?
Fox:
Well, let's fix the date right now and let's fix it for anywhere from a week to two weeks from now.
Judge:
All right. So, then why don't we put on the court's list for -- within a week to two weeks down the road?
What I'm going to say to you, Mr. Fox, I think we're trying to limit transport into courthouses while we're in a pandemic. If this matter is only going to take about an hour, I would highly recommend that you attend by video; otherwise transporting, waiting all day to get into a courtroom, and then doing your submissions could really make it quite unwieldy and probably not the healthiest choice. What's your view on that?
Fox:
It's extremely difficult to make submissions and take notes in these little closets that they provide for videoconference rooms.
As for the amount of time it would take to be transported to [indiscernible] holding cells, I'm fine with all of that. I'd rather be able to make better submissions and arguments in person and be able to take notes.
Johnson:
Your Honour, that -- it's come to my attention just this morning, actually, that there are two cases of COVID-19 at North Fraser Pretrial and I think the transportation may be an issue.
Judge:
All right. So, what I would recommend is this, is I am going to put you down for video. I'll ask that you be given the facility to have paper and pen.
I can hear you perfectly clearly. You're very lucid and as long as -- and as long as we follow the protocols -- look, I mean, I've got a mask on. If you're in a courtroom, you're going to be masked and, you know, it's just -- I'm going to direct for now, unless something occurs where the judge can't follow you or understand you that you appear by video on a date that we're going to put forward in the future.
Mr. Johnson, what's your calendar like within the next two weeks?
Johnson:
I'm just looking at next week, Your Honour. I'm available on Friday, October the 16th, or I'm also available the following Monday, October 19th, if either of those would be --
Judge:
Mondays are typically very busy for bail and --
Johnson:
Yes.
Judge:
-- contested bail. So --
Johnson:
I'm also available Tuesday, then, October 20th, Your Honour.
Judge:
All right. Why don't we fix the date October 20th?
Fox:
Okay, but I would like to point out the dates that he's selecting are not a week to two weeks from now. The dates he's selecting are two weeks from now.
Judge:
That's true. Two weeks down the road because we've got a short week with the holiday Monday next week. So, are you okay with that?
Fox:
I don't really have a choice, do I?
Judge:
Well, it makes it easier for us to make sure that we actually have a day where we can schedule your matter and have you appear. Mind you, it should be by video. Is there anything we can do to facilitate that you have writing materials, etc., available to you?
Fox:
Well, it's not so much the writing materials. It's just it's very difficult to take notes on my lap. So, I need a chair --
Judge:
I understand that.
Fox:
There's no table or a desk or --
Judge:
Right. I'm going to ask, please, that -- I don't know whether you're able to talk to Corrections that he be provided an opportunity to be able to write in front of the video camera. I can see how difficult that would be to sit there and to have to write on your lap, or given a writing table of some kind.
Johnson:
Yes.
Judge:
I don't know if I could pass that on to assist you. I'm hoping that's the case.
Fox:
Sure.
Judge:
I'll ask the sheriffs also to communicate that so that you actually have the ability to look at the monitor, to hear from counsel and hear directions from the judge and to take notes. It's very important that we facilitate that for you,
but for now you're going to come back. You'll be initially appearing in Courtroom 101 in the morning at 9:30 with the plan that it be moved out to a dedicated room for purposes of a contested bail hearing on October 20th. Thank you.
Johnson:
Thank you, Your Honour.
Fox:
There is one other issue that I want to bring up that's becoming a little bit messy at this point. I've still not been arraigned or even informed of what the charges are against me. I've been in custody for almost three weeks now and none of this has been provided to me. Can we do something about that, can we set a date at least so that I can be arraigned so we can move forward with this?
Judge:
Yes, I think you should ask for that to be considered at the conclusion of your bail hearing.
Fox:
Right.
Judge:
And arraignment would be required you to be ready to plead and to determine your mode of trial if that's an issue, as well as whether you'll be representing yourself or whether you'll have a lawyer represent you. What's your plan?
Fox:
Yes. I'm ready for all that.
Judge:
Okay.
Fox:
I'm going to plead not guilty and I'm going to have a trial and I'm going to represent myself.
Judge:
Oh, well, let's put that on the list to be done on the 20th.
Johnson:
At the same time?
Judge:
Yes, everything to be done because he clearly is ready to proceed in that way and you've got a heads up now. So, you can think about the witnesses in the Crown case and all of that sort of stuff.
Johnson:
Thank you.
Judge:
All right, then. Thank you very much, sir.
Fox:
One more thing?
Judge:
Yes.
Fox:
Just [indiscernible] provide me some disclosure material because you guys don't even have any evidence that I even still own the website.
Johnson:
I will provide you with some disclosure material, yes.
Fox:
Thank you.
Judge:
Thank you. October 20th, 9:30, 101. Thank you, Mr. Johnson.
Johnson:
Thank you, Your Honour.
Transcriber: S. Houde