(PARKER CROOK / iNFOnews.ca)

A Vernon man who engaged in a “campaign of terror” against his ex-partner will remain in jail after a BC judge refused a sentence of house arrest put forward by lawyers in the case.

In a highly unusual move, BC Provincial Court Judge David Patterson refused to accept a joint sentencing submission by Crown and defence lawyers which would have seen 63-year-old Christopher Todd Powers spend 18 months under house arrest with an electronic ankle bracelet.

“It’s a license for him to re-offend if we let him out,” Judge Patterson told the court. “In my experience stalkers and harassers don’t turn a leaf overnight.”

The judge’s move is highly unusual in BC provincial courts where the law states that judges must accept joint sentencing submissions put forward on agreement of Crown and defence lawyers unless doing so would put the “administration of justice into disrepute.”

Judge Patterson said this was one of those cases.

“It’s a no-go,” Judge Patterson told Crown prosecutor James Bagan and defence lawyer Nickolas Jacob.

Powers was charged in 2023 for the criminal harassment of his ex-partner. They'd been together with for 30 years.

He bombarded her were phone calls and sent 3,500 emails.

Once arrested and awaiting trial, Powers was told to stay away from his ex, but didn’t.

After contacting her for a second time last fall he was taken into custody where he remains.

Powers, who doesn’t have a prior criminal record, pleaded guilty to the charges and two weeks ago the lawyers put forward their joint submission, which Judge Patterson rejected.

Today, Jan. 30, with an amended version of the house arrest that included an ankle bracelet, the lawyers argued house arrest with electronic monitoring would be suitable, but again the judge disagreed.

“It’s black and white for me,” Judge Patterson said. “It really is about protecting the victim.”

The judge said a psychologist had said he was a high risk of offending and a plan to stay at his brother's with spotty cell service – which the electronic ankle bracelet needed – wasn’t good enough.

After much legal wrangling, the judge also rejected to grant Powers bail.

Judge Patterson said the lawyers needed a much more robust plan of where Powers would live if under house arrest before he would consider it and adjourned the sentencing until Thursday.

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