Disclosure Letter [BC Prosecution Service; Patrick Fox]

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On Mon, Oct 31, 2022, BC Prosecution Service wrote:

October 31, 2022

PARTICULARS IN THE MATTER OF

REGINA v. FOX, Patrick Henry
COURT FILE NO. 244069
APPEARANCE/TRIAL DATE: November 16, 2022

TO:

THE ACCUSED PERSON AND HIS/HER LEGAL COUNSEL

As of October 31, 2022 via courier to accused at North Fraser Pre-trial – vd

File Number #244069-9B:
- Information #244069-9B (1 pg);
- Conviction List (2 pgs);
- Narrative (2 pgs);
- Probation Order 244069 8B (2 pgs);
- Appointment Slip (1 pg);
- Client Log (1 pg);
- Google Search of website (1 pg).
File Number #244069-10-BC:
- McELROY, Amber VA2343 – Police Statement-4 (2 pgs);
- McELROY, Amber VA2343 – Miscellaneous Notes-3 (1 pg);
- FOX, Patrick – Transcript of Arrest (5 pgs);
- FOX, Patrick – Transcript of Transport (6 pgs);
- FOX, Patrick – Transcript of Interview (49 pgs);
- FOX, Patrick – Transcript of Tran port to Jail (4 pgs);
- Screenshot of Webpage (1 pg).

Initial Disclosure July 7, 2022 to accused at North Fraser Pre-Trial– ns

Information #244069-10BC (2 pgs);
Criminal Record (2 pgs);
Conviction List (2 pgs);
Arrest and Booking Report (1 pg);
McNeil Form (1 pg);
Narrative (8 pgs);
CAPUANO, Desiree-RCC Statement (1 pg);
McELROY, Amber VA2343-RCC Statement (5 pgs);
MEIKLEJOHN, Catherine VA9189-RCC Statement (2 pgs);
KIM, Jim VA3284-Police Notes (3 pgs);
Interview Log Notes (1 pg);
Report-Form 5.2 (2 pgs);
Probation Order (3 pgs);
Arrest Script (7 pgs);
Interview Script (4 pgs);
Screen captures May 3, 2022 of desicapuano.com (16 pgs);
Screen Captures May 3, 2022 of desicapuano.com (42 pgs);
LAYTON, David-Email dated May 15, 2022 (4 pgs);
Multimedia:
- AUDIO RECORDING OF INTERVIEW;
- AUDIO RECORDING OF ARREST;
- AUDIO/VIDEO FOX INTERVIEW;
- AUDIO RECORDING OF TIME PRIOR TO INTERVIEW.

Please find attached a copy of the Crown's particulars in relation to the charges.

TO THE ACCUSED

TAKE NOTICE THAT this disclosure material is provided to you for the sole purpose of assisting you to make full answer and defence in this prosecution. You must not use the material for any other purpose or for any other case.

The material may contain private or confidential information. You must keep it secure and not copy it or provide to any other person, other than your legal counsel, without the prior written permission of Crown Counsel.

The conditions set out above also apply to any further or additional disclosure material provided to you in relation to this prosecution.

If you are unable or unwilling to comply with these conditions, please immediately return the material to Crown Counsel.

If it is your intention to apply to exclude evidence under the section 24(2) of The Canadian Charter of Rights and Freedoms, you must give the Crown timely notice of the evidence you intend to rely on to support your application as well as the specifics of your argument and any remedy you seek.

TO THE ACCUSED AND DEFENCE COUNSEL

TAKE NOTICE THAT the Crown intends to produce the documents and records contained in this disclosure material, and any related testimony, at the trial or preliminary inquiry, pursuant to the Canada Evidence Act, BC Evidence Act, Controlled Drugs or Substances Act or the Criminal Code.

TO DEFENCE COUNSEL

TAKE NOTICE THAT this disclosure material is provided to you for the sole purpose of assisting the accused to make full answer and defence in this prosecution and not for any other purpose or any other case and also on the following conditions:

You must keep the material in a secure fashion.

You may permit access to the material or copy it for the use of the accused or persons acting under your supervision (for example, articling students, associate counsel, paralegals) in the preparation and presentation of the defence but only on the condition that they not copy it or provide access to it by anyone else.

You must not copy or provide access to the material to any person or counsel who is not acting under your supervision. Notwithstanding the foregoing, you may copy the material and use it in conducting the defence (for example, in cross-examining a witness, providing material to the court, or providing witnesses with copies of their own statements).

You may permit access to the material or copy it for the use of any expert retained to assist in the preparation and conduct of the defence but only on the condition that they not copy it or provide access to it by anyone else.

You must not permit access to the material by or copy it for any person other than those referred to in conditions 2, 3, and 4, above, without the prior written consent of the Crown or a court order.

If you are unable or unwilling to comply with any of these conditions, please immediately return this disclosure material to Crown Counsel.

VANCOUVER CROWN COUNSEL OFFICE

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