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Vernon News  

Vernon judge wary over joint submission in domestic harassment case

Judge balks at plea bargain

A Vernon judge was not convinced by a joint submission for house arrest in a criminal harassment case where a man sent his ex-wife thousands of emails, parked outside her home and tried to stop her from leaving a public parking lot.

Christopher Todd Powers was in Vernon provincial court Wednesday on charges of criminal harassment and two counts each of making harassing communication, breach of undertaking and breach of release order.

Court heard Powers' marriage began to break down in 2010 and by 2023 his now ex-wife told him she wanted no contact with him.

Between Oct. 1, 2023, and Feb. 13, 2024, Powers’ ex-wife filed a number of police reports including instances of Powers visiting his ex-wife's home or the home of her new partner. She alleged he parked outside and continually tried to contact her — sending approximately 3,500 emails in those 4.5 months.

On Jan. 26, 2024, Powers waited for his ex by her car in the Butcher Boys parking lot. He stopped her from closing her car door and leaving the parking lot, and attempted to grab her keys and phone. A bystander eventually stepped in and helped her leave.

Powers pleaded guilty to the criminal harassment charge in June. He entered guilty pleas to two counts breach of undertaking and one count breach of release order on Wednesday.

A joint submission presented by Crown and defence would have Powers serve an 18-month conditional sentence, commonly known as house arrest, with no electronic monitoring. He would be barred from having contact with the victim and required to stay at least 20 kilometres outside of Vernon.

Concerns over joint submission

Provincial court Judge David Patterson raised concerns with that deal.

“How am I not going to be roasted in the press if I agreed to a joint submission in this scenario with these facts I was given,” questioned Patterson.

“More importantly, how does this conditional sentence order without electronic monitoring, at the very least, provide for the safety of [the victim].”

Based on a Supreme Court of Canada ruling, judges are bound to follow joint submissions unless doing so would cause reasonable and informed people to believe the proper functioning of the justice system has broken down.

Patterson also posed a rhetorical question to lawyers, one he said he asks himself in these cases as the parent of daughters.

“What does this proposed sentence tell them about their standing in society, their self worth and their ability to operate as an independent human being without somebody that they formerly loved and no longer in relationship with, all but destroying their life?" he asked.

After Patterson said he would most likely not accept the joint submission as it stood, lawyers agreed to order a technical suitability report for electronic monitoring.

Powers is still in custody. He will be back in court on Jan. 20.



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