Transcript of Bail Hearing (2020-10-20)
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Vancouver Registry
In the Provincial Court of British Columbia
(BEFORE THE HONOURABLE JUDGE SENNIW)
Vancouver, B.C.
October 20, 2020
REGINA
v.
PATRICK HENRY FOX
v.
PATRICK HENRY FOX
PROCEEDINGS
(Plea, Election)
(Plea, Election)
Crown Counsel: Chris Johnson, Q.C.
Appearing on his own behalf appearing by videoconference: Patrick Fox
Vancouver, B.C.
October 20, 2020
(VIDEOCONFERENCE COMMENCES)
(ACCUSED IN REMOTE LOCATION)
Johnson:
Calling number six, then, Your Honour, Patrick Fox.
Judge:
And you are Patrick Fox?
Fox:
Yes, I am. Thank you.
Johnson:
Chris Johnson, Your Honour, appearing on this matter. Mr. Fox has been adjourned on a few occasions that he can determine when it is that he wants to seek his release.
So, Mr. Fox, do you have any further information about that?
Fox:
Mr. Johnson, have you received the messages I've been leaving with your firm?
Johnson:
No, I have not received a message from you.
Fox:
On October 5th I left a message with whoever answers the phone, the receptionist or the secretary, informing you that I wanted to cancel the bail proceedings until after I'm arraigned. The next day I called to make sure that you had received the message because I [indiscernible/ videoconference] leave you a voicemail about it. She said, "Oh, the voicemail's not set up".
So, I asked her if she can confirm that you received the message. She said, "Yes, he definitely received the message and he said that he would see what he could do about rescheduling these". So, then I called again last week to confirm what the status was because there's been no change, and she confirmed again that you had received the messages.
Johnson:
Right. Thanks for your reminder. I actually do now recall that I received a message indicating that you wanted to have your arraignment before your bail hearing.
Fox:
Yes.
Johnson:
So, I apologize if anybody misunderstood what I was saying.
Judge:
And is Crown ready to arraign?
Johnson:
Yes.
Judge:
All right. Mr. Fox, are you ready to arraign the matter?
Fox:
Yes.
Judge:
All right. Is that something we can do right now or should we put it over?
Johnson:
I'm not sure whether this is a mandatory pretrial conference or -- I think it is and that's a bit complicated because Mr. Fox appears on his own, but I think that is a mandatory requirement.
Judge:
Yes. So, the first step, then, is to set up a pretrial conference obviously with Mr. Fox appearing by video. It will have to be done in a courtroom. So, I don't know, Mr. Johnson, if you want to confer with the case managers and find a date and then we can get Mr. Fox back and put the date of the pretrial on the record.
Johnson:
I can do that.
Mr. Fox, I can do that this morning or you could adjourn for a day or two and I could get that information between now and then.
Fox:
Let me make sure I'm clear on this. So, are we now saying that you want to have a pretrial conference before the arraignment?
Johnson:
Okay. So, just if I might. Because of the current pandemic, the court has directed that all matters of this nature have what's called a pretrial conference before you're able to fix a date. And so, you and I are required to attend at a pretrial conference so the judge can ensure the timing of it and whether the matter could be dealt with in some other way, that type of thing. So, that's the first step which we should be able to do relatively quickly.
Judge:
Yes.
Fox:
Fascinating.
Judge:
So, did you wish to see if Mr. Johnson could set that date today and come back today to put it on the record, or did you want to come back in a couple of days, Mr. Fox? What would you prefer?
Fox:
I would like to do this as soon as possible so I can get the arraignment done.
Judge:
All right. Are you able to do that today?
Johnson:
I can. I'm just going to see if Mr. Sheriff is able to keep him in the room because I think I could probably --
Judge:
All right.
Johnson:
If we stood down Mr. Fox, are you able to keep him there for about 10 minutes?
Sheriff:
Yes.
Johnson:
Yes? Thank you.
Fox:
What -- what -- actually, instead of keeping me here for 10 minutes, could we let me go back to the housing unit and then we can come back maybe later this afternoon or something?
Johnson:
I'm not here this afternoon, unfortunately.
Fox:
Wonderful.
Judge:
All right.
Fox:
It's just that if I'm still here in this room at 11:15, I'm stuck here until 1:30.
Johnson:
I'll be back in under 10 minutes, Mr. Fox.
Judge:
All right. We'll stand the matter down.
Johnson:
Thank you.
Fox:
Thank you.
(WITNESS STOOD DOWN)
(VIDEOCONFERENCE CONCLUDES)
(OTHER MATTERS SPOKEN TO)
Johnson:
I could recall Mr. Fox if that's convenient to the court.
(VIDEOCONFERENCE COMMENCES)
(ACCUSED IN REMOTE LOCATION)
Johnson:
Mr. Fox, can you hear us?
Fox:
Yes.
Johnson:
Your Honour, I did attend at the judicial case managers and they -- Mr. Fox had previously indicated a day and a half would be sufficient, and so we've scheduled the matter for November 26th and 27th. So, that's the full day of the 26th and the afternoon of the 27th.
Fox:
This is for what?
Johnson:
For your trial.
Fox:
Okay.
Johnson:
And, Mr. Fox, you've been mailed the particulars. I don't know whether you've received them yet.
Fox:
I was only mailed a very brief narrative and --
Johnson:
Yes.
Fox:
-- and a couple of statements related to the arrest. There's no actual evidence or disclosure.
Johnson:
Right. I think what you received was the initial package and there's an electronic package which I'm in the process of arranging to be disclosed to you on a laptop.
Judge:
And so, has somebody dispensed with the requirement for a pretrial conference?
Johnson:
Yes. Apparently the pretrial conference rule does not apply when it's a self-represented person.
Judge:
I see. All right.
So, you're going directly to trial, then, Mr. Fox. The first day, November 26th, and continuing for a half day on November 27th.
Fox:
Wonderful. So, can I assume, then, there's not going to be an arraignment and I'm now formally charged and the Jordan clock and everything has begun --
Johnson:
The Jordan --
Fox:
-- that formality is done?
Johnson:
The Jordan clock, I believe, commenced when you first appeared in court.
Fox:
Okay, great.
Johnson:
And you have not yet been arraigned. We could do that.
Judge:
Yes. So, Mr. Fox, Crown is proceeding by indictment, and how do you elect?
Fox:
How do I elect?
Judge:
Yes. Trial by a Provincial Court judge or by a Supreme Court judge?
Fox:
It has to be provincial. You have absolute jurisdiction because this is a probation violation.
Johnson:
That's very good, Mr. Fox.
Judge:
Yes. And there are two counts that you are charged with.
Fox:
Yeah.
Judge:
And how do you plead on those two counts?
Fox:
Not guilty on both.
Judge:
All right.
Johnson:
Thank you. And so, Mr. Fox, the last question I have for you is would you like to appear by video or in person? And as you know, the court is encouraging people to appear by video, but it's ultimately your choice.
Fox:
For the trial I definitely want to be there in person, and I also request that you schedule a pretrial conference because there are a number of outstanding issues that we'll need to address.
Johnson:
Well, if those issues arise, then I will do that, but as of right now I'm not aware of any of those issues. So, I think what we should do is fix the trial date and if you have issues you want to raise, you can contact me.
Fox:
I will contact you, then.
Judge:
All right. So, to the 26th at 9 o'clock, Court 304, for trial.
Johnson:
Thank you.
Fox:
And that will be in person?
Judge:
Yes.
Fox:
Okay, great.
Johnson:
Thank you. Thank you, Your Honour.
Transcriber: S. Houde