R. v. Diablo

2025 BCSC 2418 R. v. Diablo

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: R. v. Diablo, 2025 BCSC 2418 Date: 20251103 Docket: 74677-2 Registry: Chilliwack Rex v. Ryan Daniel Anderson Diablo Before: The Honourable Madam Justice A. Walkem Oral Reasons for Sentence Counsel for the Crown: A.R. Burns Counsel for the Accused: J.P.A. Reveley Place and Date of Trial/Hearing: Chilliwack, B.C. November 3, 2025 Place and Date of Judgment: Chilliwack, B.C. November 3, 2025 [1] THE COURT: The defendant, Ryan Daniel Anderson Diablo, pleaded guilty to Count 1, that: ... on or about the 4th day of February, 2024, at or near Chilliwack, in the Province of British Columbia, did discharge a firearm while being reckless as to the life and safety of Thomas Gullickson, contrary to Section 244.2(1)(b) of the Criminal Code. [2] Crown and defence counsel reached a joint submission on sentencing, and it is clear that counsel spent a great deal of time and consideration in reaching the submission. [3] The parties came to an agreed statement of facts. A copy of that statement is on file. The agreed statement of facts lists the following circumstances of the offence, which I am going to repeat in part. It is considerably edited. [As read in]: [O]n February 4, 2024, Mr. Diablo came to the apartment, Unit #2 at 9341 [Nowell] Street in Chilliwack, B.C., the Gullickson residence. Diablo attended at the Gullickson residence carrying

a very large calibre revolver, a loaded firearm, and had an argument which resulted in his discharging the firearm three times. This resulted in Gullickson being shot by a single gunshot wound [on] his left pectoral muscle and a bleeding injury to the top of his hand around the knuckles. Diablo attended the Gullickson residence when ... Gullickson was asleep in bed, next to his girlfriend. ... Diablo knock[ed] at the front door[,] and yelled , "Let me in." Gullickson believed that Diablo sounded angry. He tried to ignore it but he would not go away. Gullickson got out of bed and attended at the front door. He opened the door and Diablo was standing outside. ... Diablo had a revolver in his right hand. The revolver was pointed down. Diablo and Gullickson had a verbal confrontation. Diablo tried to come through the front door. Gullickson pushed the front door closed. He went into a toolbox located by the front door and retrieved a .22 calibre pistol. ... Gullickson discharged the firearm inside his home. Gullickson opened up the door and continued the confrontation with ... Diablo, armed with a pistol. They proceeded to argue. Diablo raised the revolver up towards Gullickson. Gullickson raised his pistol up toward -- up and told Diablo to go away. Gullickson believed that Diablo was not going to go away. Ultimately Gullickson shot at Diablo with the pistol. The bullet travelled

past ... Diablo's head and caused some damage to ... Diablo's glasses, resulting in a black eye. Gullickson then shut the door. Diablo then used the revolver and shot through the front door of the Gullickson residence. He then shot the revolver a second time and then a third time. On February 4, the Chilliwack RCMP responded to a complaint at the Chilliwack General Hospital about ... Gullickson suffering from a single gunshot wound just below his left pectoral muscle and a bleeding injury to the top of his hand around the knuckles. Police observed the shattered mirrored lens from a pair of sunglasses in the hallway of the Gullickson building immediately before the threshold of his unit. There were two bullet holes in the main door of the unit, with a bullet hole observed in the back wall of the washroom inside the Gullickson residence roughly in line with one of the bullet holes in the door. Police observed a pool of blood immediately inside the door of the Gullickson residence and to the left near the counter of the kitchen. [Police] also observed high velocity blood spatter in the hallway well outside the door of the Gullickson residence. This indicated a person had been struck by a fast moving projectile consistent with being shot. Police observed a blood trail from the building. DNA swabs were obtained of the various blood trails observed outside the building, inside the

building and inside the Gullickson residence. Forensic evidence including audio from video indicates that two small calibre shots were fired out from the Gullickson residence and three larger calibre shots were fired into the Gullickson residence through a closed door. One bullet still remains inside of Gullickson and the other was located by the police in the Gullickson residence. ... Diablo was arrested on February 7, 2024. He was observed with a wound near his right eye. Prior to his arrest, ... Diablo ran when he first noticed police. He was seen reaching down into the waistband of his pants and throwing a silver handgun onto the lawn. That firearm was seized by police and was not believed to be used in the shooting on February 4, 2024. DNA expert found the firearm discarded in the bag at the dumpster had Gullickson's DNA. Examination of DNA samples from the exit path belonged to Diablo The examination of a DNA sample from the sidewalk belonged to Diablo. The examination of a DNA samples from inside the Gullickson residence belonged to Gullickson. The examination of DNA samples from the firearm discarded on the lawn on February 7, 2024, had Diablo's DNA. Procedural History [4] The initial Information was sworn on February 8, 2024. Mr. Diablo was in custody from between February 8, 2024, to July 12, 2024. He was detained in custody until he was released after a s. 525

application. A jury trial was set for January 2025. [5] On January 13th, a warrant was issued when Mr. Diablo did not appear for his jury trial. From February 9 to November 3rd, Mr. Diablo has been in custody. [6] Mr. Diablo is Indigenous. A "Gladue letter for sentencing" written by a writer from the B.C. First Nations Justice Council was provided. The letter outlined the following factors related to Mr. Diablo's Indigenous background and circumstances, and outlined factors as set out in s. 718.2 of the Criminal Code, R.S.C. 1985, c. C-46 that should be considered in sentencing. I note that those factors are generally known as the Gladue principles, though I understand that the Gladue family has requested that their name not be referenced with respect to the use of these principles. So as far as possible, I will endeavour to refer to them as s. 718.2 factors, though I may accidentally refer to them as the Gladue principles or factors. [7] Mr. Diablo, age 35, is of Stó:lō heritage and a member of the Leq'á:mél -- Mr. Diablo? [8] THE ACCUSED: Leq'á:mél. [9] THE COURT: Leq'á:mél. And a member of the Leq'á:mél First Nation. His mother is Joanne Diablo, also of Leq'á:mél; and his birth father is Cree from Carry the Kettle Nakoda First Nation. He has several younger siblings with his mother and an elder sibling with his father. Mr. Diablo's maternal grandfather was Leslie

Diablo of Leq'á:mél. [10] Mr. Diablo's partner is Christina Florence of Squamish First Nation. Together they have four children, a son, 16; a son, 10; a daughter, 6. Mr. Diablo and Ms. Florence separated about four years ago but have reunited briefly. I do not know if they are still reunited. They now have a fourth child, an infant daughter, who is just several months old. I understand that they have expressed a desire to reunite if Mr. Diablo can address his addictions issues. [11] I am going to review some of the factors set out in the s. 718.2 letter from the First Nations Justice Council. I note that some of this is probably really sensitive. Sometimes judges choose not to read them out. I am choosing to read it out because I think when we do not say these things, when we do not state them, that they cause problems. I think there is a benefit to stating them, so I will do so. [12] Mr. Diablo's earliest years were spent with his mother, Joanne, at Leq'á:mél. [13] THE ACCUSED: Leq'á:mél. [14] THE COURT: Leq'á:mél. He recalled violence in the family home and his father beating his mom. At age two or three, Mr. Diablo was abducted by his father, who took him to live at Carry the Kettle First Nation where he resided with his father's family until he was five or six. Mr. Diablo recalled being hungry at his father's house and subject to regular violence at his father's

hands. He recalled, "I wasn't allowed to cry. I wasn't allowed to do a lot of things." Mr. Diablo reported that there was violence at his father's home and in his father's family. He recalled that his paternal grandmother was physically abusive of him. Mr. Diablo and his cousins were often hungry or subject to what can be described as a general state of neglect. [15] When Mr. Diablo returned to his mother at Leq'á:mél, he spoke only Cree at first and had some difficulty in communicating. By that time, his mom had a new partner who was also physically abusive toward Mr. Diablo, his siblings and her. They fled due to the abuse when Mr. Diablo was in grade three. Mr. Diablo recalled befriending Indigenous children from a local Chilliwack Indigenous community. He reports that this group of friends are now mostly dead due to fentanyl overdoses. [16] From grade four onward at school, Mr. Diablo encountered significant and severe racism and bullying at school. He experienced beatings by non‑Indigenous children at school, and also racism from within the school system itself. This situation continued until grade seven, when Mr. Diablo recalled that he got bigger and "nobody tried to pick on me." Mr. Diablo was expelled in grade seven from the public school after he was falsely accused of misbehaviour. His mother said he was falsely accused of urinating in the hallways, an occurrence

which continued after he was expelled, and so he was clearly not responsible for. [17] Mr. Diablo repeated grade seven at a Stó:lō First Nation school. He then started working, including picking blueberries, roofing and construction. He stopped attending school and decided to focus on earning money. He worked steadily through his teens, and at 17 he formed his own company, Diablo Construction, which was successful. He kept the same crew and contracts for years, and he felt a great sense of responsibility, I think it is safe to say, for taking care of those people. [18] At age 18, Mr. Diablo and Ms. Florence moved in together. Their first son was born soon thereafter. Mr. Diablo later reconnected with his father, though his father died very shortly after that reconnection. Mr. Diablo's life took a bad turn when he was in his late 20s or early 30s. [19] The s. 718.2 report writer reports that, at about age 30, Mr. Diablo said he realized he had not lived a normal life, having done nothing but work and sleep since his early teens. He started drinking alcohol heavily and taking drugs, including meth and cocaine, then fentanyl. [20] In his 30s, Mr. Diablo recalled overdosing a couple of times on fentanyl laced cocaine, ending up in the hospital. He became alcohol and drug dependent, just working intermittently. He stayed with Ms. Florence and children for part of the week, then

partied and stayed with friends. [21] Ms. Florence indicated that, while experiencing short-term breakups before, they separated when Mr. Diablo was about 31 years old because of his lifestyle. [22] The s. 718.2 report provides the following summary of factors for consideration on sentencing. a) Mr. Diablo was connected with the smokehouse tradition with the Leq'á:mél Stó:lō community and has received a name within that tradition. He would like to be involved and help within the smokehouse again. b) Mr. Diablo has been involved in powwow dancing and singing and would like to reinvigorate that practice. c) Mr. Diablo was regularly picked upon or beaten by non‑Indigenous kids at school. He recalled it was a regular occurrence that he and his little brother would be jumped or beaten by other kids. This racism seems to have extended to the school system itself as outlined by his mother's reports of his expulsion. In general, it can be said that the school system failed Mr. Diablo. d) Mr. Diablo, in general, indicated he had experienced racism throughout his life. Mr. Diablo completed grade six, a decision, seemingly driven by racism within the school system and by other students. e) While Mr. Diablo left school in grade seven, his mother stated he was never diagnosed with learning disabilities; rather, he was put ahead from grades one to three due to his advancing reading

abilities. At Surrey Pretrial Centre, Mr. Diablo has started working toward adult graduation and has completed Math 12, Automotive 1, receiving an A in Automotive 1. He has completed the Life Skills Program and he has a tree-topping certificate and expressed interest in getting other qualifications. f) Mr. Diablo and his family moved to different neighbourhoods several times while growing up. In addition, the family was forced out of their home in Leq'á:mél when Mr. Diablo and his brother became sick from mould in their house. The family also stayed in a transition home temporarily when his mother left her abusive partner. g) Mr. Diablo is now without a permanent address in part due to the struggle he has with addictions. h) Mr. Diablo's father was alcohol dependent, as was his paternal grandfather who died from drinking Lysol. There was alcohol dependence on his maternal side, as well. Mr. Diablo recalled his mother's partner becoming abusive when he drank. i) Mr. Diablo's first substance use was around age 10 when he smoked tobacco and marihuana for the first time, but neither regularly. He started drinking regularly in his teens while working with men who drank. j) In his 20s, Mr. Diablo had intermittent periods of heavy drinking, and Ms. Florence stated that his anger came out when he was drinking, resulting in him getting into fights. k) Mr. Diablo reported that he

became heavily addicted to alcohol, methamphetamine, cocaine in his early 30s. After taking fentanyl laced cocaine he became fentanyl dependent. Mr. Diablo now takes Keppra for seizures due to alcohol dependence and Suboxone due to opioid dependence. l) Mr. Diablo learned that when his mother was pregnant with him she was pushed down three flights of stairs by his paternal grandmother who did not want a grandson who was not full Cree. He stated, "It was only because I wasn't whole Cree, they wanted to kill me off." m) Mr. Diablo was physically abused by his father. His mother recalled that when she regained custody of him after he was abducted that he was starving. He had cigarette burns on his body and his shoes were so small that his toes were curling. His mother's new partner, was also verbally and physically abusive toward him. n) Mr. Diablo witnessed his birth father physically abuse both his mother and his partner at Carry the Kettle Nakoda First Nation. Up returning to Leq'á:mél, Mr. Diablo witnessed his mother's partner physically abuse her. He recalled that his mother's partner beat her black and blue. o) Mr. Diablo reports experiencing depression and anxiety upon entering his 30s. Ms. Florence believes that much of Mr. Diablo's difficulties stem from childhood trauma and reports that he dislikes talking about his childhood, stating that his walls are up pretty high.

Mr. Diablo's mother concurred, recalling that as a child Mr. Diablo showed no emotions. He was not willing to talk. He was a workaholic and focussed a lot of his energy on work. Ultimately it seems that the trauma Mr. Diablo experienced in his childhood and youth caught up with him in his early 30s or late 20s. p) While Mr. Diablo struggled with alcohol dependence, Ms. Florence also noted his helpful nature, stating that he was also always helping her sisters and parents and that her whole family loved him. Ms. Florence described him as a really good dad and brother, often helping with his siblings. q) Mr. Diablo's paternal great-grandmother, who he described as super mean, attended residential school, as did his father, who told him the priest beat and starved the children. His mother attended St. Mary's Residential School in Mission from six to nine; and his maternal grandfather, Leslie, attended the Kamloops Indian Residential School. He reported an instance where some people came and took away his best friend from the school and he never saw him again. r) Abuse at residential schools in general, and including at St. Mary's and Kamloops, are well-documented. In the 1960s, nightmarish abuses were reported at St. Mary's. In 2004, Gerald Moran, a boys' dormitory supervisor, was charged with 12 counts of sex abuse while at both of these schools. In 2021, groundbreaking -- ground

penetrating radar revealed 215 possible graves at the site of the Kamloops Indian Residential School; and in 2022, anomalies were also found at the St. Mary's School indicating that there were other likely gravesites. s) Leq'á:mél, part of the Stó:lō Nation, has about 420 members. Leq'á:mél, meaning the level place where people meet, was once a prominent trading stop in Stó:lō territory and considered the birthplace of the Leq'á:mél language. The s. 718.2 report notes the impact on the culture and social organization resulting from factors associated with colonization of both the community and nation. [23] The plan outlined in the s. 718.2 report is that Mr. Diablo ultimately wishes to reunite with his family and he recognizes the need to address the trauma he has experienced and to overcome the addictions that he continues to grapple with and to address anger, depression and anxiety. Mr. Diablo expressed interest in cultural healing. He also wants to be involved in the powwow again. He has strong support from his extended family and elders in the community. He is also close to Ms. Florence's family. [24] Mr. Diablo expressed that he is sorry and is committed to taking a different path moving forward. These factors in Mr. Diablo's life are an important factor to consider. I adopt the approach taken by R. v. Kehoe, 2023 BCCA 2 at para. 40: [40] Accordingly, Gladue and Ipeelee transformed the approach to sentencing Indigenous offenders. As with all offenders, a judge sentencing an Indigenous offender must take a holistic approach to imposing a fit sentence that is proportionate to the seriousness of the offence and the moral blameworthiness of the offender: Ipeelee at para.

37. However, since the circumstances of Indigenous offenders are "significantly different" from those of non-Indigenous offenders, the judge must pay particular attention to two factors: 1. The unique systemic or background factors that may have played a part in bringing the particular Indigenous offender before the courts; and 2. The types of sentencing procedures and sanctions that may be appropriate for the offender in the circumstances given their particular Indigenous heritage or connection. See Gladue at para. 66; Ipeelee at para. 59. [25] Consideration of other factors is also necessary to ensure that the sentence contributes to the objective of achieving a just, peaceful and safe society. These include deterrence, denunciation, restraint, protection of society and rehabilitation. A sentence should be similar to other sentences imposed for similar offences in similar circumstances. [26] Given all of this, and given the history and combined set of factors I have outlined above, I have no doubt that Mr. Diablo experiences the continuing and ongoing trauma on a personal, family, community and Indigenous-nation level, factors which clearly fall within the context contemplated within the R. v. Ipeelee, 2012 SCC 13, R. v. Gladue, [1999] 1 S.C.R. 688, and Kehoe cases and that Parliament had in mind when enacting s. 718.2 of the Criminal Code. [27] What is clear from this

history and the very general description given above is that Mr. Diablo's childhood was marred by violence and racism, and I have no doubt that his life continues to be impacted severely by these factors. [28] Mr. Diablo's addiction, as I have said, appears to have arisen or at least blossomed later in life. The trauma outlined in Mr. Diablo's childhood seems to have caught up with him. These come at significant cost to Mr. Diablo himself, but importantly to his family, especially his partner and children, also to the victim of his crime, Mr. Gullickson. [29] The sentencing provisions in s. 718.2(e) were intended to address the drastic overrepresentation of Indigenous offenders in the criminal justice system. This overrepresentation is partly driven by the factors outlined above, including the continued intergenerational impact of residential school, and impact of racism in the public school system. These impacts are unique in many cases to the Indigenous peoples of Canada and must be considered in coming to a just sentencing decision. [30] I note that Mr. Diablo does not have a criminal record. He has a history before the court that results in a conditional discharge. He has lived his life largely as a contributing member of society until his life fell apart due to the addiction. Impact on the Victim [31] Mr. Gullickson was shot and his injuries required immediate intervention

and surgery. He still has lasting injuries as a result, including some difficulty with speaking. He did decline to provide a victim impact statement. [32] I consider with this plea that the victim receives some acknowledgement of their pain and suffering. The Crown is not put to the burden of proving their case, which, in the submissions outlined by the parties, there were some potential weaknesses, or at least hills to climb, including on the points of whether self‑defence could be established or whether the intent to wound could be established. I note that the trial was originally scheduled for a nine‑day jury trial, which would have involved victim and civilian testimony, and that the plea saves significant court resources. [33] Aggravating factors that I consider are that Mr. Diablo brought a firearm into a housing complex with residents in adjacent dwellings to confront the victim. As noted earlier, there could have been children, other innocent third parties living in that residence. That Mr. Diablo and the victim likely had a conflict over being in the drug trade. Mr. Diablo brandished the gun during the initial interaction at the victim's home. These actions created a high level of risk that someone could be shot or injured. The victim was in fact shot in the chest and required emergency medical care and still has a bullet remaining inside his body. The injuries he

sustained still create some challenges for him today. [34] Mitigating factors include that Mr. Diablo has a family history heavily influenced by the s. 718.2 factors, and historical impacts of colonialism. These factors include family directly connected to the residential school system. He was impacted by family violence, drug and alcohol abuse and neglect. Mr. Diablo has struggled with substance abuse issues that appear to have flowed from his upbringing and the personal and intergenerational trauma I have outlined above. These factors appear to have a direct link on the functioning of Mr. Diablo, who has thus far remained outside the justice system. As I have mentioned, he has no criminal record. He has entered a guilty plea despite triable issues. He has strong support and cultural connections. [35] I note, as emphasized by the parties, that a joint submission should always be taken seriously by the court and not disturbed unless it would not accord with sentencing principles or would bring the administration of justice into disrepute; and that was emphasized by R. v. Anthony-Cook, 2016 SCC 4, and again by R. v. Ordway, 2025 BCCA 202. [36] Crimes involving guns are treated very seriously and cases involving possession of guns are particularly serious posing as they do risk to the public. The range in general for charges brought under s. 244.2 of intentionally discharging a

firearm while being reckless as to the life or safety of another person are generally -- the general range is five to seven years. [37] The parties drew my attention to a number of cases, which I have considered. I find the most -- the closest case to the situation at hand for several reasons is R. v. Hills, 2023 SCC 2. That case also involves 718.2 factors and where the person had discharged a firearm and used a hammer with respect to people who were unknown to him while fueled by drugs and alcohol. There, a three-and-a-half year sentence was imposed and ultimately upheld by the Supreme Court of Canada. [38] Submissions also were heard on cases of R. v. Moore, 2008 BCCA 129 which identified a sentence range usual for these provisions is five to seven years; and R. v. Nur, 2015 SCC 15 which had a sentence of 40 months imposed; and also I was referred to the case of R. v. Hiscock, 2020 BCCA 355 which detailed how the s. 718.2 principles interact with the principles of sentencing when serious gun offences such as that here are involved and the factors that need to be considered, particularly at para. 9: [39] Mr. Diablo, will you please stand. [40] Your sentence is as the joint sentencing recommendations provided. [41] I understand that you were in custody between February 8, 2024, to July 12, 2024, for 158 days and -- 55, sorry, and from February 9, 2025, to November 3, 2025, for

a total of -- with the days in custody is 422 with credit; at 1.5 times for time served is 633 days. You are sentenced to 30 months in jail, less time served, which as I have got the calculation here, 30 months is 912 days, minus the days that you have already served of 633, you have 279 days remaining to serve. [42] A probation order is made on the terms of the joint sentencing submissions, which includes protective conditions for Mr. Gullickson. [43] You must keep the peace and be of good behaviour. You must appear before the court when required to do so. You must notify the court or your probation officer in advance of any change of name or address and promptly notify the court or the officer of any change in employment or occupation. [44] You must have no contact or communication, directly or indirectly, with Mr. Thomas Gullickson. [45] You must not go or be within 100 metres of any place where Mr. Gullickson lives, works, attends school, worships, or happens to be. If you see him, you must leave his presence immediately and without words or gesture. [46] You must not possess, directly or indirectly, any weapon as defined by the Criminal Code, including firearms, ammunition, crossbows, prohibited or restricted weapons or devices, or explosive substances; anything used, designed to be used, or intended for use in causing death or injury to any person, or to threaten or

intimidate any person; any imitation firearms or weapons, including any compressed air guns, BB or pellet guns; any related authorizations, licences and registration certificates and you must not apply for any of these. [47] I am also -- there is also as part of the probation order, we are including a provision for counselling, and that is that you must report by telephone to a probation officer only so as long as is required to complete this counselling provision to the satisfaction of the probation officer; and that is counselling to address historical and intergenerational trauma which you have suffered, which may include counselling through the Chilliwack Indigenous Justice Centre, the Qwí:qwelstóm Justice Program through the Stó:lō Service Agency, or through the Telmexw Awtexw Healing Centre through Sts'ailes, or other culturally specific counselling as may be identified and arranged through your probation officer. [48] There is also a firearms prohibition under s. 109(1)(d) as this is a secondary designed offence; and also, an order that you provide a DNA sample. [To be done by January 31, 2025 while in custody]. [49] Mr. Diablo, I hope that you are able to participate in both programming and counselling within the institutions. You have four kids. You have a baby, and you want to be -- you want to be alive. She is going to need her dad, right? [50] THE ACCUSED: I

know. [51] THE COURT: You want to be -- you want to be alive and there for her when she hits kindergarten. You want to be alive and there for her when she enters elementary school. She might have her first boyfriend or girlfriend when she hits high school. Well, we do not know when that will happen. But -- she is going to need her dad. So you are going to have to do something differently because your family needs you. Okay? I wish you good luck, sir. [52] THE ACCUSED: Thank you. [53] [Court discussion with counsel] [54] CNSL A. BURNS: Oh, I think the 109 needs to have the date -- or the -- a 10‑year duration. [55] THE COURT: All right. So we will note that the 109 provision will have a 10‑year duration. [56] CNSL A. BURNS: Thank you. [57] THE COURT: Victim surcharge? [58] CNSL J. REVELEY: The court knows about his financial circumstances before and after. I would ask it would be waived. [59] CNSL A. BURNS: The Crown does not take a position. [60] THE COURT: All right. I find that the victim fine surcharge should be waived as it would constitute an undue financial hardship. And have you already dealt with Count 2? [61] CNSL A. BURNS: I do not believe so but I can enter a stay of proceedings. [62] THE COURT: All right. [63] CNSL A. BURNS: On Count 2. [64] THE COURT: So we will note that the Crown has entered a stay of proceedings on Count 2. [65] THE CLERK: Thank you, Justice. And can I confirm the length of the probation? [66] THE COURT: The probation is 18 months. "A. Walkem J."