R. v. Dahlman

2008 BCSC 1914 R. v. Dahlman

IN THE SUPREME COURT OF BRITISH COLUMBIA R. v. Dahlman 2007 BCSC 1914 Date: 20071204 Docket: X070332-2; X070332-3 Registry: New Westminster Regina v. William Carl Dahlman Ban on publication of the name of the complainant, s. 486.4(2) Before: The Honourable Madam Justice Fisher SOIRA Order December 4, 2007 Counsel for the Crown: W. Sayson Counsel for the Accused: W.R. LeBlanc Place of Trial/Hearing: New Westminster, B.C. [1] THE COURT: There will be an order under s. 490.012 requiring Mr. Dahlman to comply with the Sex Offender Information Registration Act, S.C. 2004, c. 10 ("SOIRA"). With respect to the SOIRA order, I have considered the decision of the B.C. Court of Appeal in R. v. B.T.Y., 2006 BCCA 331. The offence of sexual assault is a designated offence under s. 490.011 of the Criminal Code, R.S.C. 1985, c. C-46, and I am obliged to make an order requiring registration under the SOIRA unless the exception in s. 490.012(4) applies. That exception applies only if the offender has established that if the order were made, the impact on him, including his privacy or liberty, would be grossly disproportionate to the public interest in protecting society. Mr. LeBlanc did not seek to introduce any evidence or make any submissions on that issue, so I am obliged to make the order requested by the Crown. [2] I believe that is everything. [3] MR. SAYSON: Yes. I provided three copies

of the SOIRA order last time to the court, so I wonder if those three copies could be provided for the court's signature, and once you sign it, it will be passed to Mr. Sheriff, and Mr. Sheriff will give it to Mr. Dahlman for him to sign. Mr. Dahlman will be provided a copy, and two other copies will be at the registry. [4] THE CLERK: (Indiscernible - away from microphone). [5] THE COURT: Do you want me to sign all three or just -- [6] MR. SAYSON: Technically just only one copy signed and the clerk will run down to the registry and photocopy for everybody. [REASONS FOR SENTENCE, continuing] [7] THE COURT: All right. I have signed the original. [8] MR. SAYSON: Yes. And then the accused will sign it. And then the copies should be made for all of the parties indicated on the bottom of the orders. "Fisher, J."