Charter challenge to slow weapons sentencing
CASE RETURNS TO COURT DEC. 10
A seemingly simple sentencing hearing involving a man who pleaded guilty in November 2016 to shooting into a westside neighbourhood became a complex legal battle Thursday due to a Charter challenge lodged by Lethbridge lawyer Greg White in the Court of Queen’s Bench.
White is seeking to have Section 244 (2) of the Canadian Criminal Code struck down in an effort to avoid a four-year mandatory minimum sentence for his client Jesse Hills, as is required by this section.
White’s argument is the section is too broad, as a firearm in Canada can be defined as something as simple as a paint ball or pellet gun, and does not take into account the difference between firing a rifle capable of penetrating a wall and a lesser firearm which cannot.
The section under dispute reads: “Every person commits an offence (a) who intentionally discharges a firearm into or at a place, knowing that or being reckless as to whether another person is present in the place; or (b) who intentionally discharges a firearm while being reckless as to the life or safety of another person.”
Opposing White in this effort was Crown prosecutor Vaughn Hartigan, who admitted the language of the section was problematic. Instead of striking down the section, Hartigan argued it should be amended for more clarity to ensure the mandatory minimum was preserved for those who fire with criminal recklessness or intent to harm into a structure while allowing mischief offences, like those committed with a paint ball or pellet gun, as described by White, to be sentenced differently. In this way, the mandatory minimum would still apply to Hills’ case, said Hartigan.
White acknowledged his client was facing the prospect of substantial jail time any which way you look at it, but wanted the opportunity to present to the court on other types of possible sentences without the mandatory minimum hanging over closing arguments.
Judge Rodney Jerke reserved his decision on the constitutional arguments, which would have broad legal ramifications, at least until he returns to Lethbridge on Dec. 10.
About midnight on May 6, 2014 Hills loaded a .303 rifle and, with a baseball bat, walked out into the neighbourhood of Mount Rundle Way and Mount Rundle Road West. A man had just climbed into his car after attending a nearby house party when he saw Hills run toward his car and swing a bat at it. Hills also dropped to one knee and fired a rifle in the man’s direction. Hills then walked to another parked car, which was locked, and smashed the windows with the bat, and then walked up a driveway and fired one round into the home. The bullet smashed through the living room window and then an interior wall into a computer room occupied by the homeowner. The homeowner, who saw Hills standing in his driveway with the rifle, awakened his wife in their bedroom then hit the alarm on his security system before retreating to the basement. When someone banged on his door, he picked up an axe and called 911. Police arrived shortly afterward and Hills was arrested. — With files by Delon Shurtz Follow @TimKalHerald on Twitter