Elden Robert Caldwell appears in this 2022 photo.

Image Credit: SUBMITTED/Vernon RCMP

A Vernon sex offender barred from attending places where children might be present has failed in his attempt to convince a judge the parking lot of a hockey rink isn't a place where kids might be.

Elden Robert Caldwell is bound by a court order not to go anywhere children might be present, but drove his vehicle into the Kal Tire Centre arena parking lot in March.

"Some would say it was a fluke, others would say perhaps it was karma; but, regardless, a police officer was engaged in training, while off duty, on their police motorcycle at the Kal Centre in Vernon... when Mr. Caldwell drove a motor vehicle into the parking lot of that particular facility," Judge David Patterson said in an Aug. 26 decision. "By coincidence (the officer) had found out just the previous day that there were warrants outstanding for Mr. Caldwell, and so, even though the officer was off duty, he initiated and in fact did arrest Mr. Caldwell.”

The 33-year-old ended up behind bars, charged with breaching a 20-year-long court order not to go anywhere children may be present.

The lengthy court order dates back to 2020, when Caldwell was convicted of invitation to sexual touching. Along with his sentence, he was placed on the sex offenders registry and prohibited from going to any public park, school ground, daycare centre, public swimming pool, playground or community centre, where persons under the age of 16 are present or can reasonably be expected to be present.

Crown prosecutors argued that Caldwell's driving into the hockey arena parking lot was a breach of this court order.

His defence lawyer argued that the parking lot was near a large multi-use building that could not be said to be a community centre.

Caldwell pleaded not guilty and the matter of whether the parking lot was a community centre or not was the focus of a two-day trial.

Judge Patterson cited three different dictionary definitions of "community centre" before ruling the parking lot was covered under the court order and Caldwell shouldn't have been there.

The decision said Caldwell was cooperative during his arrest and while the arresting officer waited for a colleague to turn up, so did numerous individuals.

“(These individuals) appeared to the officer to be well under the age of 16, who were interested in what was happening," the decision read.

There's no mention of who they were, or why they were there.

"At the end of the day, however, I agree with defence counsel that I cannot read any mischievous purposes into why Mr. Caldwell was in that parking lot, but that does not change the fact that he was not allowed to be in the parking lot," the judge said.

The decision said Caldwell had an extensive criminal record for a person who is 33 years old and his offending began when he was a youth and continued.

He's been convicted of uttering threats, obstructing a peace officer, assault with a weapon, personation with intent to avoid arrest, escaping lawful custody, break and enter, flight from police, providing false or misleading information, invitation to sexual touching and possession of a weapon for a dangerous purpose.

He’s currently facing separate charges of sexually assaulting someone under the age of 16, and breaching his court order by having contact with them. The alleged incident happened in August 2023, and the file is winding its way through the courts.

In 2022, he was also charged with sexual assault, although the charge was later dropped and the victim instead had a restraining order put on him.

"Parliament has made it clear that they wanted to prohibit individuals convicted of sexual touching, such as Mr. Caldwell, from attending places exactly like the one where he was stopped and arrested. Had there been any doubt in his mind, he should not have gone. He should have checked with the authorities to find out if he was entitled to be there. He did not do that," the Judge said. "I do not know why he was there. I just know that he was there and he was not allowed to be there."

Crown prosecutors wanted one year in jail, while the defence argued for two to three weeks in jail.

Ultimately, Judge Patterson sentenced Caldwell to eight months jail which, having already spent five months in jail and getting credit for time served, would see him serve an extra nine days in custody.

"In my view, this sentence protects the public, but it also allows Mr. Caldwell, who has now learned that he needs to abide by his (court) order, to get on with the rest of his life," the judge said.

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