Transcript of Pre-Sentencing Hearing (2021-02-03)

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Vancouver Registry

In the Provincial Court of British Columbia

(BEFORE THE HONOURABLE JUDGE RIDEOUT)

Vancouver, B.C.

February 3, 2021

REGINA

v.

PATRICK HENRY FOX

PROCEEDINGS
(Fix Date for Sentencing)

Crown Counsel appearing by teleconference: Chris Johnson, Q.C.

Appearing on his own behalf appearing by videoconference: Patrick Fox

219337.Feb 03 21.proceedings.docx

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February 3, 2021

(TELECONFERENCE COMMENCES)

(COUNSEL C. JOHNSON IN REMOTE LOCATION)

(VIDEOCONFERENCE COMMENCES)

(ACCUSED IN REMOTE LOCATION)

Clerk:

Thank you, Your Honour. Online with ad hoc Crown, Mr. Johnson.

Judge:

Thanks.

Johnson:

Chris Johnson, Your Honour, [indiscernible/teleconference] counsel and ad hoc Crown on the Fox matter.

Judge:

Right. Mr. Fox, you can hear us and see us okay?

Fox:

Yes, I can. Thank you.

Judge:

All righty. I forgot to ask you yesterday. You're self-represented. Historically you are self-rep. You do know that you are entitled to have independent legal advice and have legal counsel, okay? You're aware of that?

Fox:

I'm aware of that.

Judge:

Thanks. Mr. Johnson, we've got a date for Mr. Fox?

Johnson:

Yes, Your Honour. I attended at the judicial case managers yesterday and the date that we obtained is April the 12th at 9 a.m., Court 304, although they expect it will be at 9:30.

Judge:

Correct, it'll be assigned in front of me, Mr. Fox. Per your request yesterday, you want to come in person, so I've arranged for that as well. Any materials Mr. Johnson is going to be relying on, he'll make sure that it gets to you in a timely manner. Any materials you're relying on, try to get it to Mr. Johnson and to me in as a timely manner as possible. I'm not going to hold you to a time limit, but see what you can do to make sure if you're relying on certain materials, I get those materials in advance of the next hearing date, okay?

Fox:

Okay. And I can tell you right now I will be relying extensively on the video of the interview with Constable Dent.

Judge:

Right. You mentioned that yesterday and, Mr. Johnson, you're going to make sure that gets out to Mr. Fox; correct?

Johnson:

Yes, I will. And I can also say, Mr. Fox, if you are going to rely on anything else, you could provide me with copies of it and I'd be happy to file them with the court on your behalf.

Fox:

Okay. There would be a chance that I would rely on other disclosure material, but it sounds like you're being resistant to providing me a copy of that, so I'm not sure how we'll deal with that.

Judge:

Well, I'll let you deal with Mr. Johnson in due --

Fox:

Okay.

Judge:

-- course, Mr. Fox.

I advise Rideout and Johnson that there is a chance I will be relying on other material from the disclosure as well, but that it seems like the Crown is being resistant to providing it to me. Rideout says he will let me deal with Johnson on that.

However, in fact, Johnson and the Crown did not do a single thing toward providing me the disclosure material. Johnson and Rideout kept saying, in court, on the record, that they were going to provide it, but Johnson's emails show that he never did a single thing to facilitate that. He received numerous emails from Kelsea Goodwillie at the BCPS about it, but he ignored them.

I believe Johnson and Rideout never actually had any intention of providing the disclosure material to me. They knew that if the video of the Dent interview were to be published it would make them and the entire justice system look like fools, and they were all so pissed off about that "Dear David Eby" article that they were going to convicted me and sentence me to an outrageously long sentence no matter what.

Fox:

Thank you.

Judge:

So, that will be the next date, time and place in person for sentencing in front of me, okay?

Fox:

Great. Thanks, Your Honour.

Judge:

Thank you, sir. Thanks, Mr. Johnson.

Clerk:

Thank you, Mr. Johnson.

(PROCEEDINGS ADJOURNED TO APRIL 12, 2021, AT 9 A.M.)

Transcriber: S. Houde