Judge denies peace bond changes for Alberni man

A judge has denied an application by an Alberni man who didn't want neighbours notified that he's not to contact persons under age 16.

A provincial court judge has denied an application by an Alberni man who didn’t want his neighbours notified about a peace bond that forbids him to be in contact with anyone under age 16.

Judge MacCarthy denied the application made by Shaun Pater, 32, in Port Alberni provincial court on Thursday.

Pater’s inconvenience with public notification “Must be trumped by the greater good,” Judge MacCarthy said. “Therefore the peace bond should prevail.”

In the background presentation to MacCarthy, defense lawyer Jordan Watt said that Pater was originally charged with a series of sex offenses stemming from two incidents.

In exchange for the staying the charges, Pater entered into a specific type of peace bond for 12 months that is targeted at persons who police fear will commit a sexual offense against persons under age 16.

Two of the bond’s conditions forbid him to have contact with anyone under age 16, and to stay away from places where persons under 16 congregate.

Because there are people under the age of 16 living in the building where Pater resides, B.C. Corrections policy requires them to notify neighbours of Pater’s bond conditions, and that’s the crux of his application. This was what Pater wanted overturned.

Community corrections require that Pater notify them of his residence.

Pater has lived in the same apartment for eight years, and didn’t want his neighbours to be told about his peace bond. If the conditions were removed there’d be no reason for them to be told.

Pater maintains his apartment but is staying with a friend and is inconvenienced by paying rent in two places. He would have concerns for his safety if notification were to occur.

“This is contrary to the presumption of innocence,” Watt said. “He is on bail and not convicted.

“My client just wants to return home to live in peace,” Watt said. “The risk is just not there with him.”

Corrections officials have been difficult to deal with regarding the matter, and Pater is to appear in court later for allegedly threatening one, Watt said.

The corrections service, their policies, and Pater’s dealings with them aren’t before the courts, nor is his inconvenience, prosecutor Gordon Baines said.

“Mr. Pater feeling unnecessarily harassed by corrections’ public notification is not for you to determine,” Baines told MacCarthy.

The order doesn’t prevent Pater from living in his apartment. He can do so, “But corrections has the right to notify the public,” Baines said.

The bond was supposed to be in place for one year and there are three months remaining.

The charges against Pater that were stayed included invitation to sexual touching, sexual touching and sexual assault. A computer disk containing pornographic images of a youth under age 16 was found in Pater’s possession.

The images “aren’t of adults having sex with babies,” Watt said. “It’s a minor that he was in a relationship with.”

Pater agreed to the conditions when he signed the bond, which provides a measure of protection to the public and to persons under age 16, MacCarthy said.

“I would be remiss by permitting significant variation to it,” he said in dismissing the application.

reporter@albernivalleynews.com

[Edited to clarify bond conditions.]

Just Posted

Cheetham Team comes in second at Alberni Valley bonspiel

The annual mixed bonspiel drew 37 teams from across the Island and Lower Mainland

Seedy Saturday draws many green thumbs in Port Alberni

Char’s Landing was the place to be last Saturday

Port Alberni’s Star Trek fan association donates legacy funds

Alberni Deep Space Port is dissolving its charitable status

New form of martial arts pops up in Port Alberni

Darran Chaisson and DoJin Won hosting classes at Dragon Martial Arts Taekwondo

VIDEO: Port Alberni welcomes Gathering Our Voices delegates

Tseshaht and Hupacasath First Nations welcomed guests during opening ceremonies

Canucks hang on for 7-4 win over Senators

Horvat nets 2 for Vancouver

European, Canadian regulators to do own review of Boeing jet

Air Canada plans to remove the Boeing 737 Max from its schedule at least through July 1

Prime minister defends Liberal budget measures as sales effort gets underway

Conservatives under Andrew Scheer say it’s a spree funded by borrowing against the future

Mayor meets with B.C. health minister on homeless taxi transfers

Two homeless people were discharged from Surrey Memorial and sent to a Chilliwack shelter

B.C. lottery winner being sued by co-workers

They claim he owes them $200,000 each, in a lawsuit filed in B.C. Supreme Court in Vancouver

Teacher reprimanded for conduct towards special needs student

Alan Stephen Berry told vice principal he did not have time to use positive strategies

‘Full worm super moon’ to illuminate B.C. skies on first day of spring

Spring has sprung, a moon named in honour of thawing soil marks final super moon until 2020

Having phone within sight while driving does not violate law: B.C. judge

The mere presence of a cell phone within sight of a driver is not enough for a conviction, judge says

Most Read