Port Moody mayor will not be prosecuted for alleged sexual assault after Crown stays charge
Rob Vagramov, 28, has completed 'alternative measures,' Crown says
Rhianna Schmunk · CBC News
The sexual assault charge against Port Moody Mayor Rob Vagramov has been stayed, meaning he will not be prosecuted further over an incident that took place when he was on a date.
Special prosecutor Michael Klein stayed the charge because Vagramov, 28, has "successfully completed" an alternative measures program, Crown said Wednesday.
The specifics of the alternative measures were not disclosed publicly.
Vagramov was first charged in March. The allegations arose after a date between Vagramov and a woman he'd been seeing in 2015, according to the mayor's lawyer.
"[This involved] two adults, fully clothed, in daylight, on a third date, in circumstances where many people might have thought there was consent but [the complaint] said there wasn't," Ian Donaldson told reporters outside the courthouse in Port Coquitlam, B.C., on Wednesday morning.
Alternative measures are a process that allows for a resolution outside of the courts. Programs can be used in cases involving less serious offences, according to the province.
The programs usually involve offenders who don't have a criminal history. The accused is given an opportunity to accept responsibility for the crime and make amends to the community, without going to court.
"If the most affected parties are able to make peace outside of the court system, that happens. And that's what's happened here, essentially," Donaldson said.
"The system recognizes the difference between an awkward date and predatory behaviour," the lawyer added.
Donaldson said the terms of Vagramov's alternative measures "are a private matter" between Vagramov, the complainant and probation officials.
Asked whether Vagramov accepted any responsibility or apologized to the complainant, Donaldson said he could not say.
"As for the two of them, they've made peace. Let's put it that way," Donaldson said.
I wonder how much it cost Vagramov? I don't like the secrecy of this process, but if the victim is happy, I'm happy. However, it does seem to be an admission of guilt, whereas Vagramov emphatically denied any guilt (2nd story on link).
Crown counsel guidelines state certain sex assault offences may be referred for alternative measures if the following conditions are met:
The victim has been consulted and the victim's views considered.
The victim has been made aware of available victim assistance programs.
The accused has no apparent history of violence or sexual offences.
An alternative measure is not contrary to the public interest.
Vagramov took a leave of absence after the charge was sworn. He returned to his job in September, but left again in mid-October saying he was "exercising discretion" to go back on leave until he was cleared of an offence.
The mayor has yet to comment on the stayed charge. He did not appear in court on Wednesday.
He has stated that he will be back at work on Monday!!!
He has stated that he will be back at work on Monday!!!
Surrey, B.C., pastor convicted of sexual assault,
wife acquitted
CBC News ·
A pastor in Surrey, B.C., has been convicted of sexual assault, while his wife was cleared of all charges against her.
Samuel Emerson of the Cloverdale Christian Fellowship Church was found guilty of one count of sexual assault in provincial court in Surrey on Wednesday, Crown confirmed.
He was acquitted of four other counts of sexual assault, two counts of sexual exploitation and one count of sexual interference.
His wife, Madelaine Louise Emerson, was found not guilty of two counts of sexual assault, one count of sexual exploitation and one count of uttering threats.
More than 20 further criminal charges against Samuel Emerson were stayed before trial. All were related to alleged sexual offences.
Emerson was freed on court-ordered conditions Wednesday to await sentencing, a date for which is scheduled to be set on Nov. 29.
Samuel and Madelaine Emerson were 34 and 37, respectively, when they were first charged in 2017. At the time, RCMP said the case was "disturbing" and related to one child as well as "several" young adults. Any victim's name is protected under a publication ban imposed in court.
Samuel Emerson's father, Randy Emerson, who has worked as the senior pastor at the Cloverdale church, said the allegations against his son fractured the congregation, which lost a quarter of its members after the charges were made public.
"A sacred trust has been broken in many people's minds," Randy Emerson told CBC News in October 2017.
It's a serious thing when a pastor's son is involved in evil. 1 Tim 3:4 describes a Bishop's qualifications as, 'one who rules his own house well, having his children in submission with all reverence'. Now Paul appears to be talking about younger children, not adults here, but it is still disturbing to congregants who trust their children will be safe in a church or with a youth pastor.
I have complained about this before, but in the Evangelical Church, the leadership of the church has to be listening to the Spirit of God, and, if they are, stories like this would be very few and far between. Unfortunately, they're not!
The elder Emerson said his son spent his life in the church and had been a pastor for seven or eight years. The family became aware of the allegations at the time of the arrests and the younger Emersons avoided the church afterward.
The couple was not previously known to police.
3rd former member of Cloverdale church charged with sexual assault
A third former member of the same evangelical church was charged with sexual offences in October 2018. Brian David Batke, who was 72 at the time of his arrest, faces charges sexual assault and sexual exploitation.
His next court appearance is set for February 2020.
Grand Chief Ed John charged in B.C. with 4 counts of historical sex assault
Karin Larsen · CBC News
Grand Chief Edward John has been charged with four counts of having sexual intercourse with a female without her consent, the B.C. Prosecution Service has announced.
The alleged offences date back to 1974 in Prince George, B.C.
John, 70, is the hereditary chief of the Tl'azt'en Nation, as well as a prominent political leader and lawyer.
His first appearance is scheduled for Dec. 10 in provincial court in Prince George.
According to the BCPS, special prosecutor Michael Klein was appointed on Feb. 22 by Assistant Deputy Attorney General Peter Juk to look into the allegations and assess the whether charges should be laid.
The charge John is facing four counts of is from the 1974 version of the Criminal Code of Canada. There have been a number of revisions to the code since then and that charge no longer exists under the current code.
John was a member of the B.C. cabinet as minister for children and families from November 2000 to June 2001.
He served 11 consecutive terms as an elected leader on the First Nations Summit Political Executive. He was an expert member on the United Nations Permanent Forum on Indigenous Issues, and helped develop the United Nations Declaration on the Rights of Indigenous Peoples.
His voice is going to be sorely missed if he is convicted.
On the other hand, this could be the first advent of #MeToo into the First Nations community in Canada. If the floodgates open, it will be devastating.
Woman sues B.C. government over alleged
sexual abuse in Smithers, B.C., foster home
..
A 27-year-old woman says she was repeatedly raped
by foster parent when she was 12
THOM BARKER
Victoria News
A 27-year-old woman has filed a civil suit against the B.C. government for emotional, physical and sexual abuse she alleges occurred while she was in foster care in Smithers.
In a claim filed at B.C. Supreme Court in Penticton on Oct. 7, the woman named the Ministry of Children and Family Development and Director of Child Welfare as defendants, claiming she was sexually assaulted repeatedly by her foster parent.
“The plaintiff was age 12 and entirely at the mercy of the foster parent,” court documents obtained by the Interior News read. The foster parent is not named in the lawsuit.
The woman claims she reported the assaults to social workers, but that the workers did not undertake any meaningful investigation nor take any steps to protect the girl.
“The plaintiff was admitted to the Children’s Hospital for psychological assessment where the foster parent was observed touching the plaintiff inappropriately,” the claim continues. “The plaintiff was shamed and disbelieved by the defendants and the delegated social workers.”
The woman says she has suffered emotional distress, humiliation, shame and embarrassment, psychological and emotional trauma from the alleged incidents.
The woman is being represented by Penticton lawyer Michael Patterson, who has filed similar claims against the province in the past.
The suit is seeking an undisclosed sum including aggravated and punitive damages and to cover loss of past and future earnings. The claim is calling on the defendants to provide “financial, safety, health, therapeutic and educational support” to the woman.
The RCMP were not able to confirm nor deny whether any criminal charges were ever laid related to the case.
Neither defendant has filed a response to the claim. None of the allegations have been proven in court.
A B.C. aboriginal man who was convicted of sex offences against his step-daughter has avoided jail time despite being a repeat sex offender
On Sept. 26, 2018, the father, who cannot be identified due to a publication ban, was found guilty of one count of sexual interference and one count of sexual assault. The second criminal count was later stayed for the purposes of sentencing.
Court heard that during the summer of 2016, the man had on two occasions touched the developing breasts of his then 11-year-old step-daughter. On a third occasion, he put his hand down her pyjamas and fondled her private parts.
The crimes took place in the father’s home where he was parenting his step-daughter and others and while he was in a position of trust and authority.
The 37-year-old man had previously pleaded guilty to having committed a sex offence against the 14-year-old daughter of the sister of his then-partner. In April 2014, he received a sentence of about seven months in jail for that offence.
One of the terms of his release was that he complete a sex offender treatment program, but he breached that condition by failing to attend his appointments.
For the father’s sentencing hearing, several reports were presented to B.C. Supreme Court Justice Gordon Weatherill for consideration.
A psychiatric report found that the man was a relatively high risk to re-offend, while a report on the effects of the father’s aboriginal background found that he had a troubled upbringing.
His mother and grandmother were subjected to the travails of the residential school program and experienced physical, sexual and other abuses.
The man himself experienced violence, verbal abuse and neglect at the hands of his alcoholic mother and witnessed several suicide attempts by her.
He believed that he had fetal alcohol spectrum disorder and suffered from anxiety and depression, although none of those conditions have been formally diagnosed.
In imposing sentence, the judge concluded that the report on the man’s aboriginal upbringing was the most complete assessment of who he was.
The judge noted that absent extraordinary circumstances, both aboriginal and non-aborginal offenders who commit sex offences against children will receive prison sentences.
He said he agreed with the aggravating factors as outlined by the Crown, including that the victim was a vulnerable young girl and that he had been in a position of trust and was a repeat sex offender.
But he noted that the father had taken steps to turn his life around and had expressed remorse and shame for his conduct. The judge accepted the position of the defence that it was one of the rare cases where a prison sentence was not the answer.
“In my view, it will neither further the ends of justice nor serve to protect anyone,” said the judge, who imposed a suspended sentence and three years of probation. The Crown had called for a sentence of two years less a day and two years of probation.
Prior to receiving his sentence, the dad delivered an apology in court.
“I hate myself and I really need some help. … I don’t want to be the father I used to be.”
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