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Mavor and Council External Correspondence Summary H 02 (August 16, 2010) •

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Mavor and Council External Correspondence Summary H 02 (August 16, 2010) • Mavor and Council External Correspondence Summary H 02 (August 16, 2010) • FROM TOPIC DEPT. A.T. # Regina vs. Carol Berner! Message to the J. Cessford, Chief 303 Police Officers, Civilian Staff and Volunteers POLICE 106125 Constable, Delta Police of the Delta Police Department National Post Story: Edmonton Bylaw Aims POLICE 304 T. Armstrong 106147 to Reduce Motorcycle Noise CC: Bylaws D. Welch, Local FIRE: Farmed Animal Mass Carcass Disposal 305 Government Program Emergency 106148 Emergency Planning Services, UBCM Planning Mayor R. Drew, Chair, 306 Lower Mainland Treaty Federal Additions to Reserve (ATR) Policy HR&CP 106037 Advisorv Committee L.E. Jackson, Chair, Burns Bog Ecological Conservation Area - 307 Metro Vancouver Board Delta Council May 17, 2010 HR&CP 106071 Recommendations 308 J. Cummins, MP Enabling Accessibility Fund HR&CP 106144 309 M. Dunnaway Aircraft Noise in North Delta HR&CP 106150 310 GJ Kurucz Delta Nature Reserve PR&C 105988 311 J. Wightman Tsawwassen Sun Fest & Recycling PR&C 106153 . FINANCE 312 K. Furneaux, CGA Implications of Legalized Secondary Suites 106146 CC:CP&D < E. Olson, President, Minutes of March 15, 2010 Meeting: Section 313 Burns Bog Conservation CA&ENV 106016 Societv 14, Species at Risk 314 A. Acheson Composting Smell CA&ENV 106036 B. Hinson, GO GREEN 315 Delta Sustainability Issues CA&ENV 106075 Delta . CA&ENV 316 A. den Dikken Burns Bog Proposed Annual Meetings 106149 CC: LS T. Cooper, Executive Sewage Connection Fee and Plumbing 317 Director, Delta Hospital CP&D Permit for Forest for Our Future Project 106030 Foundation 318 C. Bayne Southlands CP&D 106072 . F:\COUNCIL\Correspondence and Correspondence Lists\Corresp Usts\201 O\August 16, 2010.doc Mavor and Council External CorresDondence Summarv (Auaust 16 2010) , FROM TOPIC DEPT. A.T. # 319 M. Fisher Tsawwassen Golf Course Redevelopment CP&D 106073 320 P. Horan Tsawwassen Area Plan Review CP&D 106093 321 E. Ries Tsawwassen Area Plan Review CP&D 106130 322 J. M. Horsfall Tsawwassen OCP - Infill Rezoning CP&D 106122 Alternative for Propane Cannons for 323 D. Sukkau CP&D 106126 Blueberry Farms 324 S. Wright Propane Cannons Noise CP&D 106151 325 D. Hildebrand Service to the Public CP&D 106131 326 J. Ronback Street Lights Around My Home Bother Me ENG 106092 C. Lee, Corporate 2011 Base Plan and Outlook -"Funding 327 ENG 106087 Secretary, TransLink Stabilization Update" L. E. Jackson, Chair, Integrated Liquid Waste and Resource 328 ENG 106121 Metro Vancouver Management Plan 329 P. Schaad Tree Removal from Corporation Property ENG 106104 ENG 330 N. Nutbrown Trucks on 72 nd Ave 106154 CC: POLICE F:\COUNCIL\Correspondence and Correspondence Lists\Corresp Lists\201 O\August 16, 2010.doc ~M!!!iC~h!!:e!!:le~H:!:a~rr~is:..... _______A:..:.=~~=~=~=~=()=1 O:7:0:--3_<:;'-..""i"\ PE; ~oiJ~ Jrt;iZNCA 303 r(Qvtct8 - From: Jim Cessford [jcessford@de[tapo[ice.ca] DEPT: ...:-===---- Sent: Tuesday, Ju[y 27,20106:12 PM A'Y' # 1f"V("",,- To: Mayor & Council; Dennis Des Lauriers ; David Cc c~~~ent;:nQ( W , 'chandnee[[email protected]'; 'Gerry Ki[cup' ; i' I, !/II ...I.,WY Cc: Diane Steinberger; Me[issa Granum; George Hal I'iUtt 110 !2tq UII-'tV IVItL(l, n Subject: FW: R. v. Carol Berner (171252) 1 Convicted on all counts 1 Great Job by DPD & Experts Attachments: 20100727102025.pdf; R. v. Carol Berner RFJ Corrigendum Fi[ed.doc.pdf Importance: High This case was concluded today in court. The investigation and trial have been very taxing on everyone involved. The . findings, reasons and my comments to our staff are included here for you information. Jim Cessford ----.-----------~----.----.-.-- From: Jim Cessford Sent: Tuesday, Ju[y 27, 2010 6:00 PM To: Everyone Subject: FW: R. v. Carol Berner (171252) / Convicted on all counts / Great Job by DPD & Experts Importance: High A MESSAGE TO THE POLICE OFFICERS, CIVILIAN STAFF AND VOLUNTEERS OF THE DELTA POLICE DEPARTMENT. The decision and the reasons regarding the Regina vs. Berner case are attached. Ms. Berner was convicted on a[[ counts and she wil[ be sentenced on November 8,2010. The circumstances surrounding the death of A[exa Midde[aer and serious injury to her aunt are very tragic and clearly the judgment will not soften the pain and the hurt the family has gone through and wil[ carry with them their entire lifetime. This afternoon [ spoke with Regiona[ Crown Me[issa Gillespie, John Labossiere, Winston Sayson and Kim Wendel and I thanked them for the outstanding work they did in preparing and presenting the case to the court. The Crown spent countless hours working through a[[ the information to ensure that they were prepared to present the best evidence. The results speak for themselves. I advised each of these Crowns that I am very proud of the professional manner in which they conducted themselves during this high profile and emotionally charged trial. The harsh reality is that a beautiful 4 1/2 year old girl is dead. Her family is grieving. However, if there is any consolation. we did go above and beyond to make a difference in the lives of several people who were affected by this terrible tragedy. We did whatever we could to offer the best possible support for the family. I am so very proud of the members of the Delta Police Department who were involved in this case and who dealt with the carnage, the stress and pressure of this investigation. The thorough investigation, the planning, innovation and creativity that were used to present the best possible case to the Crown for prosecution was absolutely outstanding. Our members were challenged in the courtroom by the defense. In some cases they had to withstand personal attacks. We stood our ground, did not waiver and we presented the facts in a fair and objective manner. [t should be known that Victim Sef\!ices staff and volunteers have been working with the Midde[aer family since the day of the accident, May 17'h, 2008? These staff and volunteers were with the family during the month long trial as well. I have received many very positive comments from the Middelaer family, the public and from the media in relation to the professional investigation our members conducted into this fatal motor vehicle collision. The Middelaers in speaking with the media today referenced the Delta Police Department has raised the bar for impaired driving investigations right across this country. Mr. Winston Sayson one of the Crown Prosecutors for this case spoke about the excellent job the Delta police officers did in investigating this case and that Delta Police has set the standard for these types of serious investigations. 1 There have been very significant outcomes as a result of this incident. Some of those outcomes will be evident when the new Provincial amendments relative to driving while under the influence of alcohol will become law later this Fall. I also believe that other changes will be forthcoming. The Middelaer family has worked very hard to do whatever they can to prevent this type of tragedy from ever occurring again. They are lobbying to get the police the tools they need to prevent, detect and ultimately prosecute impaired drivers. They are doing this in memory of their daughter 4 Y, year old Alexa Middelaer. The outcome of this investigation is not a matter of victory or defeat, sol am not going to offer my congratulations. However, I believe it is important to acknowledge and validate the outstanding efforts and hard work of everyone involved. Thank you. Jim Cessford Chief Constable 2 Citation: ¢- Date: ¢- File No: 171252-1 Registry: Surrey IN THE PROVINCIAL COURT OF BRITISH COLUMBIA FILED REGINA JUL 21~ro v. CAROL ANN BERNER There has been an order made pursuant to S. 486.5(1) of the Criminal Code that no person shall publish in any document, or broadcast or transmit in any way any Information disclosed in or in relation to this trial, that could identify the undercover operators in the investigation of the Accused, including any I pseudonyms used by the undercover operators. I REASONS FOR JUDGMENT OFTHE HONOURABLE JUDGE P.O. GULBRANSEN [ Counsel for the Crown: W. Sayson, K. Wendel Counsel for the Defendant: D. Tarnow. J. Tarnow Place of Hearing: Surrey, B.C. Dates of Hearing: May 31, June 1. 2, 3. 7, g, 14. 15,16, 17,21,22,23,24,2010 Date of Judgment: July 27,2010 R. v. Berner Page 1 Introduction [1] On May 17, 2008, Carol Berner lost control of her car as she drove northbound on 64th Street in Delta. Her vehicle left the roadway, colliding with a car parked on the east shoulder, then striking four-year old Alexa Mlddelaer and her aunt Daphne, who were standing at a nearby fence. Alexa was killed; her aunt was severely injured. Ms. Berner has been charged with causing death and bodily harm by dangerous operation of a motor vehicle and by operation of the vehicle while her ability to drive was impaired by alcohol. [2] The Crown submits that these charges are supported by evidence that the accused drove at an excessive speed, ignoring the presence of two speed bumps; that she failed to confine her vehicle to the roadway; and that she had a blood/alcohollevel between 63 and 100 milligrams of alcohol per 100 millilitres of blood (mgs %) when the accident occurred. [3] rhe accused replies that the Crown has not proven beyond a reasonable doubt that she was responsible for the accident. She points out that her car had been the subject of three recall notices regarding the braking and steering systems. That is, she submits, there was a real possibility that there was a sudden mechanical failure which caused her car to go out of control.
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