R. v. Campbell and Paul, 2017 NWTSC 2 S-1-CR-2016-000059 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES IN THE MATTER OF: HER MAJESTY THE QUEEN - v - TRAVIS WILLIAM CAMPBELL AND BRENDAN PAUL
__________________________________________________________ Transcript of the Reasons for Sentence delivered by The Honourable Justice S. H. Smallwood, sitting in Yellowknife, in the Northwest Territories, on the 16th day of December, 2016. __________________________________________________________
APPEARANCES: Mr. D. Praught: Counsel for the Crown Mr. J. Bran, agent for Mr. B. Beresh: Counsel for the Accused, Campbell
Mr. J. Bran: Counsel for the Accused, Paul
(Charges under s. 239(1)(a), 244.2, 249.1(1) and s. 463(b) of the Criminal Code of Canada)
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1 THE COURT: Travis Campbell and Brendan 2 Paul have pled guilty to charges on an Indictment 3 arising from an incident which occurred on April 4 26, 2015, here in Yellowknife. 5 Travis Campbell has pled guilty to three 6 charges: intentionally discharging a firearm 7 while being reckless as to the life or safety of 8 another person, contrary to Section 244.2(1)(b) 9 of the Criminal Code; to transporting a firearm 10 in a careless manner, contrary to Section 86(1) 11 of the Criminal Code; and attempting to evade the 12 police by failing to stop his vehicle while being 13 pursued, contrary to Section 249.1(1) of the 14 Criminal Code. 15 Brendan Paul has pled guilty to being an 16 accessory after the fact and assisting Travis 17 Campbell for the purpose of enabling him to 18 escape, contrary to Section 463(b) of the 19 Criminal Code. 20 They have been convicted of those offences. 21 Now it is my duty to sentence them. 22 The facts are lengthy and are set out in the 23 Agreed Statement of Facts filed as Exhibit S1. 24 In summary, they are: Mr. Campbell pulled into a 25 park lot at the Fraser Arms apartment building at 26 approximately 9 p.m. on April 26th, 2015. He was 27 driving a Chevrolet Trailblazer. He contacted
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1 Brendan Paul who was in an apartment in Fraser 2 Arms East and he came out and sat in the 3 passenger seat of the Trailblazer. 4 Sheldon Olson later pulled up behind the 5 vehicle in a pickup truck, blocking the 6 Trailblazer in. Mr. Olson exited the pickup and 7 began shouting at the occupants of the 8 Trailblazer. He was unarmed. 9 Travis Campbell exited the Trailblazer 10 holding a Glock model 22, .40-calibre Smith & 11 Wesson semi-automatic pistol, which is a 12 restricted firearm, and began firing in the 13 direction of the pickup. 14 Mr. Olson retreated into the pickup truck 15 and backed the vehicle away from the Trailblazer. 16 Mr. Campbell continued to fire at the reversing 17 pickup truck until all ten cartridges that had 18 been in the magazine of the handgun were 19 expelled. The pickup truck was struck by eight 20 of the bullets fired by Travis Campbell. One of 21 those bullets hit Sheldon Olson in the left 22 shoulder. Travis Campbell then got into the 23 Trailblazer and left the area at a high rate of 24 speed. Mr. Paul was in the passenger seat of the 25 Trailblazer. 26 Mr. Olson parked the pickup truck and was 27 let into Fraser Arms East after banging on the
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1 door for several minutes. 2 The RCMP received dozens of complaints of 3 shots fired at the Fraser Arms apartments and 4 responded at approximately 9:30 p.m. When they 5 arrived, Mr. Olson exited the building and was 6 assisted by the RCMP until emergency medical 7 services arrived a few minutes later. 8 Mr. Olson was transported to Stanton 9 Territorial Hospital by ambulance. He underwent 10 surgery to remove the bullet from his left 11 shoulder and he was discharged from the hospital 12 on April 27th, 2015. 13 Two of the bullets fired by Travis Campbell 14 hit the Fraser Arms East apartment building. The 15 first went through a living room of a 16 second-floor unit and lodged in the living room 17 wall. An adult male who had been watching the 18 shooting from that window was only a few feet 19 away from the path of the bullet. There was also 20 an adult female in the apartment who was hiding 21 in bathroom. The second bullet went through a 22 bedroom window of a third-floor unit directly 23 above the second-floor unit that had been struck. 24 That bullet lodged in a bedroom wall and that 25 unit was not occupied at the time. 26 The Trailblazer was located by the RCMP at 27 approximately 11 p.m. on April 26th, 2015. It
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1 was at the Shell gas station on Range Lake Road. 2 Both Travis Campell and Brendan Paul were in the 3 vehicle and Mr. Campbell was driving. The RCMP 4 followed the vehicle as it left the Shell 5 station. The RCMP vehicles following the 6 Trailblazer turned on their lights and sirens to 7 effect the arrest of the occupants of the 8 Trailblazer. Travis Campbell immediately 9 accelerated and turned left onto Range Lake Road 10 without stopping at the stop sign. 11 What followed was a lengthy pursuit through 12 residential areas, through school zones, where 13 Mr. Campbell drove through stop and yield signs, 14 drove on the wrong side of the road, drove well 15 in excess of the speed limit, damaged the vehicle 16 he was driving as well as a parked vehicle and a 17 police vehicle. 18 During the pursuit, Mr. Campbell drove onto 19 Range Lake Court and Brendan Paul took the 20 handgun from the glove box and threw it out the 21 window. It landed on the lawn of a home and was 22 discovered the next morning by the homeowner who 23 was on his way to his vehicle. He called the 24 RCMP who came and seized it. When the firearm 25 was seized, there were no cartridges in the 26 ten-cartridge magazine of the handgun. 27 During the pursuit, an RCMP vehicle blocked
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1 the Trailblazer as it approached the Williams 2 Avenue and Range Lake Road intersection. 3 Mr. Campbell swerved to get around it and the 4 RCMP vehicle accelerated into the rear passenger 5 side of the Trailblazer causing it to fishtail. 6 The Trailblazer continued through the turn and 7 struck a parked pickup truck on the side of the 8 road. The pursuit continue into the Kam Lake 9 area. At that point, the Trailblazer was 10 emitting smoke and shedding rubber and metal from 11 the tires. 12 The pursuit ended when Travis Campbell 13 turned onto Grace Lake Boulevard which is a 14 dead-end street. The Trailblazer stopped 15 suddenly and a trailing RCMP vehicle rammed into 16 the back of it. 17 Several RCMP members were on the scene 18 immediately and Travis Campbell and Brendan Paul 19 were ordered out of the Trailblazer at gunpoint. 20 They complied and were arrested. 21 The handgun, it was determined, had been 22 stolen from a residential property in Yellowknife 23 during a break and enter in March 2015. 24 Both Travis and Campbell and Brendan Paul 25 have been in custody since their arrest on April 26 26, 2015 (that is six hundred days or one year, 27 seven months and twenty days), and I am satisfied
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1 that they should receive credit of one and a half 2 days for every day spent in custody awaiting 3 trial on this matter, and equates to nine hundred 4 days or two years and almost six months. 5 No Victim Impact Statements have been filed. 6 The Crown has had no contact with Mr. Olson since 7 May 2015, and so we are unaware of any lasting 8 impacts of the injuries that he suffered, 9 although I do not think it takes a giant leap in 10 logic to concluded that being shot at multiple 11 times and struck by a bullet would have an 12 effect, and I can only imagine the fear the 13 residents of Fraser Arms apartment building and 14 Mr. Olson experienced during the shooting 15 incident. 16 Turning first to Travis Carpenter. The 17 Crown has filed a number of cases that deal with 18 the intentional discharge of a firearm. The 19 cases are clear that firearm-related offences are 20 serious crimes and denunciation and general 21 deterrence are the most important sentencing 22 considerations. As stated in R. v. McMillan, 23 2016 MBCA 12, at paragraph 12: 24 When denunciation and general 25 deterrence are the paramount sentencing objectives, the focus 26 is more on an offender's conduct than any circumstances particular 27 to that offender. Put another way, while factors personal to the
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1 accused remain relevant, they necessarily take on a lesser role. 2
3 The sentencing principle of denunciation 4 expresses society's condemnation for the 5 offender's conduct, and the principle of general 6 deterrence is to deter others from committing 7 similar crimes. Parliament has been clear in its 8 concern with the effect of gun violence. While 9 there may be other areas in Canada where gun 10 violence is more prevalent, it is still a concern 11 of all the citizens of Canada and to the people 12 of this community. People expect to walk the 13 streets of their communities and enjoy the 14 comfort of their homes without the fear of gun 15 violence. 16 As stated in R. v. Clayton, 2013 NSPC 94, at 17 paragraph 31: 18 Gun violence is of grave concern to the courts and the citizenry. 19 It is a deadly form of violence that has spilled into the streets. 20 It is indiscriminate, mindless violence; bullets wound or kill 21 whomever they hit ... Handguns are a clear and present danger in our 22 communities and, in sentencing for offences in relation to them, 23 denunciation operates as a powerful expression of a 24 "symbolic, collective statement" rejecting an offender's conduct. 25
26 I have also considered the sentencing 27 principle of rehabilitation; the rehabilitation
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1 of Mr. Campbell as he is a first-time offender 2 and is relatively young. 3 Looking at the mitigating factors, there is 4 a guilty plea, and while this cannot be 5 considered an early guilty plea as Mr. Campbell 6 had a preliminary inquiry, it is a guilty plea 7 and it is apparent from counsel's submission that 8 is it is still worthy of significant credit. 9 Mr. Campbell was originally facing more serious 10 charges and a preliminary inquiry identified 11 several issues that would have affected this 12 matter proceeding to trial. If this matter had 13 gone to trial, it would have been a lengthy trial 14 with multiple issues and the outcome was by no 15 means certain. 16 Travis Campbell is 28 years old and has no 17 criminal record, so he is a first-time offender, 18 and that is also a mitigating factor. The 19 consequences for those few hours of May 26, 2015, 20 are significant and this first entry on your 21 criminal record is a significant one. 22 As well, he has family and community 23 support. A number of letters of support have 24 been provided for Travis Campbell both from 25 family members and friends of the family. They 26 all indicate their support for Travis Campbell 27 and that they know him to be a trustworthy and
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1 reliable person, someone who has not been in 2 trouble with the law before, someone who they do 3 not know to act violently. 4 None of them express their shock and 5 disappointment that he is facing these charges, 6 although I have no doubt if they heard the facts 7 of what Mr. Campbell has done, they would be 8 shocked and disappointed in his actions. 9 Turning to the circumstances of the offence. 10 They are aggravating. Mr. Campbell used a stolen 11 firearm in the commission of this offence. 12 Mr. Olson suffered an injury in the shooting. 13 Mr. Campbell, you are fortunate that bullet 14 struck him in the left shoulder and the doctors 15 were able to remove it. It is a matter of pure 16 luck that he was not more seriously injured or 17 killed. You could be before this court facing a 18 charge of murder. 19 Your actions overall that night were 20 reckless, senseless, and stupid. You put many 21 lives at risk. Firstly, yourself. You could 22 very easily have been shot by the police 23 officers. You could have been injured or killed 24 by the reckless manner in which you drove the 25 vehicle. You placed Mr. Paul's life at risk, 26 Mr. Olson's, the people who were in the Fraser 27 Arms apartment building, people who might have
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1 been on the streets, the police officers who were 2 doing their job in attempting to stop you that 3 night. And over what? That is not clear to me, 4 why you would react in such a fashion to the 5 incident with Mr. Olson or why that incident 6 occurred. We can speculate, but your actions 7 were deplorable. They seem to be completely out 8 of character, but it raises significant concerns 9 that you could react in this manner. Your level 10 of moral culpability and blameworthiness is high. 11 Turning to Mr. Paul and the sentencing 12 principles that are applicable. 13 The Defence has filed two cases which deal 14 with sentencing for the offence of being an 15 accessory after the fact. Both cases are from 16 the Northwest Territories and are helpful. 17 As Justice Schuler stated in R. v. 18 Courtoreille, 2004 NWTSC 25, on page 11: 19 Being an accessory after the fact of a crime is, as has been pointed 20 out, an offence again the administration of justice. It 21 assists in the covering up of a crime and the identity of the 22 perpetrators and it may mean that the guilty go undetected or an 23 innocent person comes under suspicion or is charged. The main 24 principle, as has been said many times, is deterrence. In other 25 words, the sentence that is imposed ought to serve to deter 26 others and the accused himself from this type of behaviour. 27
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1 Being an accessory after the fact is a 2 serious offence. It means that you have helped 3 someone try and evade justice by disposing of 4 evidence, covering up a crime, or helping an 5 escape, and it frequently attracts a significant 6 period of imprisonment to reflect the seriousness 7 of how courts and society view this crime. 8 In this case, as with Mr. Campbell, there is 9 a guilty plea. The guilty plea as well cannot be 10 considered an early one, but for reasons similar 11 to Mr. Campbell, it is still worthy of 12 significant credit. If this matter had gone to 13 trial, it also would be a lengthy trial with 14 multiple issues. 15 Brendan Paul is 20 years old and has no 16 criminal record. So he is young. He was 18 17 years old at the time of this offence. And, 18 again, for a first entry on a criminal record, 19 being an accessory after the fact is a 20 significant one. 21 He also has the support of his mother. I 22 have read the letter from Mr. Paul's mother and 23 it is clear she supports him. While they have 24 had problems in the past, the relationship has 25 had issues, and it is apparent that Mr. Paul has 26 issues with drugs and alcohol. But I hope that 27 this is your opportunity to make a change, to
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1 deal with your issues and stay out of trouble, 2 and I hope this conviction becomes your only 3 conviction because you have a chance today to 4 make a fresh start and learn from your mistakes. 5 In this case, Mr. Paul's involvement was 6 with the disposal of the firearm; throwing the 7 handgun out the window of the vehicle during the 8 pursuit by the police. This was important 9 evidence of Mr. Campbell's crime and it is 10 fortunate that it landed on a person's lawn and 11 was recovered by the police. 12 At the time of the offence, Mr. Paul was 13 also on conditions. He had entered into a 14 recognizance that same day as a result of an 15 unrelated matter. That matter did not result in 16 conviction, but it is important because 17 Mr. Paul's focus should have been on complying 18 with his conditions, which were, in this case: 19 to keep the peace and be of good behaviour, to 20 maintain his curfew, to not possess a firearm. 21 Those should have been foremost in his mind and 22 not becoming involved in Mr. Campbell's 23 activities, because Mr. Campbell's activities led 24 you here. 25 So dealing first with the ancillary orders 26 requested by the Crown. Neither defence counsel 27 has taken any issues with the orders that have
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1 been sought by the Crown. 2 So with respect to Mr. Campbell, Section 3 244.2(1)(b) of the Criminal Code is a primary 4 designated offence pursuant to Section 487.04 of 5 the Criminal Code, and there will be an order 6 pursuant to Section 487.051 for the taking of 7 Travis Campbell's DNA for the DNA databank. 8 Pursuant to Section 109(1)(d) of the Criminal 9 Code, a firearms prohibition is mandatory, and 10 Mr. Campbell will be prohibited from possessing 11 firearms for a period of ten years following his 12 release from imprisonment. There will also be 13 the victim of crime surcharge of $200 applicable 14 to each of the offences. There will also be a 15 restitution order in amount of $8,000 payable to 16 the Royal Canadian Mounted Police for the damage 17 done to the vehicle. 18 With respect to Mr. Paul. Brendan Paul will 19 be subjected to a firearms prohibition order 20 pursuant to Section 109, and he will be 21 prohibited from possessing firearms for a period 22 of ten years following his release from 23 imprisonment, and there will also be a victim of 24 crime surcharge of $200. 25 A joint submission has been proposed with 26 respect to both Mr. Campbell and Mr. Paul. I 27 have considered them and the submissions made by
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1 counsel. I will not repeat the reasons why 2 counsel have come to the joint submissions, but I 3 will say that they are valid reasons and I am 4 prepared to accept the joint submissions. 5 Mr. Campbell first. Please stand up. For 6 the offence of intentionally discharging a 7 firearm while being reckless as to the life or 8 safety of another person, I sentence you to a 9 period of imprisonment of five and a half years. 10 You will receive credit of two years and six 11 months for the 600 days you have spent on remand, 12 credit being granted at a rate of one and a half 13 days for each day on remand. That leaves a 14 sentence of three years to be served. For the 15 offence of careless transportation of a firearm 16 and attempting to evade police, I sentence you 17 for a period of six months for each offence, to 18 be served concurrently. 19 Mr. Paul, please stand up. For the offence 20 of being an accessory after the fact, I sentence 21 you to a period of imprisonment of 30 months. 22 For the 600 days you have spend on remand, you 23 will also receive credit of one and a half days 24 for each day of remand for a total of two years 25 and six months. So your sentence is one of time 26 served. 27 So good luck, Mr. Campbell and Mr. Paul, and
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1 I hope that you are not before the courts again 2 and you take the opportunity from this to learn 3 from your mistakes and make a change in your 4 lives. 5 Counsel, I want to thank you for your work 6 in resolving this matter, and Mr. Beresh as well 7 although he is not here, and for your submissions 8 before the Court. 9 MR. BRAN: Your Honour, there was one 10 final request on behalf of Mr. Beresh in that 11 there be a judicial recommendation that 12 Mr. Campbell be allowed to serve his sentence at 13 the Kent Institution, which I understand is an 14 institution in Langley, British Columbia. 15 THE COURT: Okay. Mr. Praught, any 16 submissions on that? 17 MR. PRAUGHT: No submissions on that, Your 18 Honour. 19 THE COURT: There will be an endorsement 20 on the Warrant of Committal then that the 21 authorities give consideration to allowing 22 Mr. Campbell to serve his sentence at the Kent 23 Institution. 24 So, Mr. Praught, the other thing, in terms 25 of the restitution order, I said to the Royal 26 Canadian Mounted Police. Should that be to the 27 RCMP or to the Receiver General of Canada?
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1 MR. PRAUGHT: I'd ask it be made to the 2 Yellowknife RCMP. At this point, I perhaps -- 3 that's who I received the damage estimate from. 4 THE COURT: It will be made, then, to the 5 RCMP. You can let the clerk know if it needs to 6 be made to the Receiver General of Canada. I 7 know sometimes that is the request. So either is 8 fine. 9 MR. PRAUGHT: I'll confirm it. 10 THE COURT: Confirm that. Okay. Thank 11 you. We will adjourn. 12 ................................. 13 14 15 Certified Pursuant to Rule 723 of the Rules of Court 16
17 18 Jane Romanowich, CSR(A) 19 Court Reporter
20 21 22 23 24 25 26 27
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