Seven months for ramming DFO boat By Mike Chouinard
A man charged in connection with ramming a federal fisheries boat last summer was sentenced in provincial court after pleading guilty Friday to various charges.
Ian Travis Douglas, 30, received a total of seven months conditional sentence from Judge John Lenaghan.
Last summer, Douglas was involved with a couple of confrontations with fisheries officers near the Cheam reserve. On Aug. 8, he was on a boat near the Agassiz-Rosedale bridge when he and a man in another boat were approached by fisheries officers in a boat. Fisheries officers spotted the two boats after they appeared to be fishing illegally with a drift net.
"The boats approached the DFO boat and started to circle it," Crown counsel Andrea Ormiston said.
The driver of another boat, who is also facing charges, then cut in between the DFO boat and a black boat, which Douglas was driving. Soon after, Douglas rammed the DFO boat's stern, missing several officers by estimates of about one metre or less. While Douglas was
charged with several offences, Ormiston said the charge for the dangerous operation of a water vessel was the most serious, as it jeopardized the safety of the fishing officers.
"This was an intentional ramming of the boat," she said.
Douglas was also charged after a confrontation with police officers at the Cheam reserve 10 days after the ramming incident. Police were attempting to arrest another man subject to warrant. The man called for help and Douglas intervened.
"Mr. Douglas was verbally instructed to stop by both of the officers....Mr. Douglas physically resisted arrest."
He spat in the face of one of the officers, who also sustained a wrist injury in the altercation.
As well as the Criminal Code charges, Douglas was facing charges from a number of Federal Fisheries Act violations dating back to 2003. Crown counsel Finn Jensen outlined a number of cases where Douglas was fishing without a licence, during closures or with a drift nets at a time when they were not permitted.
Both Ormiston and Jensen were looking for jail time, but Douglas' lawyer Thomas Hara hoped his client would be given credit for time-served.
Douglas's mother, who spoke prior to sentencing, and Hara said much of his conduct was fuelled by drug use, a habit that started when he was 20. When arrested last August, he was found carrying 0.7 grams of crystal meth. Since he has been in custody, he has kicked the habit, has been accepted by a day program and put on 60 pounds since his arrest.
"He's extremely sorry about this and he hopes to turn his life around."
As a mitigating circumstance, Hara cited a 2002 protocol between the federal fisheries department and the Cheam that set out a practice whereby officers would keep their distance if they witnessed violations on the river. "Somehow that protocol has now been abandoned," he said.
The judge did acknowledge the longstanding dispute over rights to the river and the Cheam band's relationship with the federal government. However, he did not buy the aboriginal rights argument as a defence for all of Douglas' actions.
"These charges are a constant catalogue of flouting of the law," Lenaghan said.
Citing Douglas' efforts to stay off of drugs since his incarceration, the judge opted for a conditional sentence, which includes curfews and provisions for Douglas to stay away from alcohol and narcotics. Counselling is also a likely condition.
The sentence includes concurrent sentences totalling four months for the Criminal Code charges and three months additional time for the fisheries violations to be served consecutive to the four months. The sentence also includes a probation term of one year.
Crown counsel Jensen agreed a total ban on Douglas' aboriginal right to fish would be going to far, but Lenaghan agreed to his request that Douglas follow licensing regulations for fishing as part of his conditional sentence. "He has an aboriginal right to fish," Jensen said.
Another suspect in the Aug. 8 ramming incident, Melvin Mussell, has a court date on April 3. The suspect in the Aug. 18 confrontation at the Cheam reserve, Phillip Cooper, also has a court date that day.
published on 03/28/2006
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