A Surrey provincial court judge sentenced a man with an 含羞草研究社渆xtremely aggravating含羞草研究社� criminal record to two years含羞草研究社� house arrest and probation after police stopped a taxi in Whalley and found an empty bottle of vodka and unloaded modified SKS rifle inside his backpack.

The court heard Owen Reginald Bitternose, 43, had been drinking and 含羞草研究社渉anging out含羞草研究社� with some people outside a hotel on 104 Avenue in Surrey on Nov. 7, 2020. 含羞草研究社淥ne of the men he was hanging out with decided to go with him to his place to hang out and continue to drink,含羞草研究社� Judge Valliammai Chettiar noted in his

A Surrey Mountie doing traffic patrol at 105A Avenue and King George Boulevard spotted a taxi that was stopped, with its hazard lights on, checked it out and the cabbie told the officer there was an intoxicated man in the backseat, yelling racial slurs and punching the glass divider. The Mountie arrested Bitternose for causing a disturbance and found the unloaded rifle and bottle, but no ammo.

Bitternose pleaded guilty to possessing the gun without a licence and possessing 含羞草研究社� while already under two lifetime firearms bans 含羞草研究社� a modified SKS rifle which the defence noted is not a restricted weapon, although its length was shortened.

The Crown sought a federal prison term of two years and a lifetime ban on possessing firearms, while the defence argued for two years less a day of house arrest followed by two years含羞草研究社� probation. Chettiar sentenced him to the latter, as well as a third lifetime firearms ban.

含羞草研究社淢r. Bitternose has spent the better part of his life in jail,含羞草研究社� the judge noted. 含羞草研究社淗e appears resolute from the time he was placed on the release order in November 2020 to change his life around. He appears to have made effective use of this time by engaging in self-reflection, making plans for his future, and attending educational programs and counselling to assist in his rehabilitation. It serves no purpose to incarcerate him, adding to the overrepresentation of Indigenous offenders in custody.含羞草研究社�

Bitternose is to keep a 9 p.m. to 6 a.m. curfew for the first 12 months, is not to drink alcohol or use drugs without a prescription, enter liquor stores, pubs, nightclubs or beer gardens, and must undergo counselling.

含羞草研究社淭he defence agrees with the Crown that deterrence, denunciation and protection of the public are important sentencing principles in this case, but emphasizes that equally important is Mr. Bitternose含羞草研究社檚 rehabilitation. I agree,含羞草研究社� Chettiar decided.

The court heard Bitternose含羞草研究社檚 sister was murdered in 2019, his mother died in 2000 or 2001 from cirrhosis as a result of chronic alcoholism, and his father died in 2021 from Covid-19.

含羞草研究社淢ultiple generations of Mr. Bitternose含羞草研究社檚 family attended the Gordon含羞草研究社檚 Indian Residential School, including his grandparents, parents, brother and himself,含羞草研究社� Chettiar noted, adding Bitternose spent a 含羞草研究社渟ignificant part含羞草研究社� of his adulthood in federal prison in Quebec, Alberta and Saskatchewan.

含羞草研究社淗e has an unenviable criminal record. The Crown points out that Mr. Bitternose has been convicted of an offence at least once a year since 1996. Mr. Bitternose含羞草研究社檚 offences gradually escalated from property and driving related offences to more serious and violent offences, including aggravated assault, assaulting a peace officer, robbery, and discharging a firearm with intent,含羞草研究社� the judge added. 含羞草研究社淎t the time of the index offences, Mr. Bitternose was already on two mandatory lifetime firearm bans.含羞草研究社�

Chettiar noted the Crown opposed the conditional sentence given Bitternose含羞草研究社檚 含羞草研究社渟ignificant criminal record and public safety concerns.含羞草研究社�

含羞草研究社淭he Crown says Mr. Bitternose has an extremely aggravating record with serious offences, including aggravated assault, assault of a peace officer, robbery, and discharge of a firearm with intent; he has been under a s. 109 prohibition order since 1999, and yet he was found in possession of the rifle in a taxi, in a public place, when he had been out of custody for only approximately six months; and the fact that he was intoxicated, while in possession of the rifle in a public place adds to his recklessness.含羞草研究社�

The defence argued that the Supreme Court of Canada 含羞草研究社渃alls upon judges to use a different method of analysis in determining a fit sentence含羞草研究社� for Indigenous offenders, the judge noted, and that the principles of denunciation and deterrence could be satisfied by a conditional sentence order (house arrest).

含羞草研究社淚 am not satisfied that Mr. Bitternose intentionally took the risk of possessing the rifle in a public place,含羞草研究社� the judge concluded. 含羞草研究社淢r. Bitternose was highly intoxicated during the incident, and was in the company of other likely unsavory people. He does not know how he came into possession of the rifle. The rifle was not loaded, and no one was harmed during the incident.含羞草研究社�

Chettiar noted the courts must take into account 含羞草研究社渟uch matters as the history of colonialism, displacement, and residential schools and how that history continues to translate into lower educational attainment, lower incomes, higher unemployment, higher rates of substance abuse and suicide, and of course higher levels of incarceration for Aboriginal peoples.

含羞草研究社淭hese matters, on their own, do not necessarily justify a different sentence for Aboriginal offenders,含羞草研究社� the judge continued. 含羞草研究社淩ather, they provide the necessary context for understanding and evaluating the case-specific information presented by counsel.含羞草研究社�

tom.zytaruk@surreynowleader.com
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