A former Mountie has been given a four-month sentence after pleading guilty earlier this year to breach of trust.
An investigation into Dario Devic, who was once a constable with the Surrey RCMP, was launched following a Creep Catchers sting in 2016.
On Friday, he was handed a four-month conditional sentence to be served in the community, and 12 months' probation.
The first two months will be under what is essentially house arrest, the BC Prosecution Service's Dan McLaughlin said. He'll be under curfew for the next two months, then the probation period will begin.
During that year, he's been ordered to perform 120 hours of community work service.
"The sentence handed down by the judge today was not quite what the Crown was advocating for, but we respect the court's ruling, and we respect the process which led to this result," McLaughlin said.
During his sentencing hearing, the Crown asked for a one-year sentence that could be served in the community.
When asked why the Crown did not seek prison time, McLaughlin said, "The sentencing process is a complex and often times controversial process."
He said decisions are made based on deterrence, denunciation and the personal circumstances of the offender. In this case, the court felt Devic's sentence would send a message to the community and serve those principles.
'He did disgrace the uniform'
Devic's lawyer said he never expected his client to serve any jail time, and called the court's decision "very reasonable," though they'd hoped for a conditional discharge.
Rishi Gill acknowledged critics may feel the sentence is on the lighter side, but there should be no concern on the part of the public based on Devic's circumstances.
"What should be emphasized is that the judge was very clear that Mr. Devic is of exemplary character, that he is well-supported in the community, that he made a very big error in judgement and he's now paying the consequences," Gill said Friday.
Gill said the court stated on the record that Devic is not a risk to society but that a message had to be sent that this type of behaviour must be commented upon.
Devic will have a criminal record, but was not ordered to submit a DNA sample as some offenders are, Gill said.
"Mr. Devic has always recognized that he did disgrace the uniform, if I can put it that way, and he's prepared to pay his penance, and he's done that," Gill said.
In addition to the criminal investigation, the RCMP launched an internal Code of Conduct investigation. Devic was discharged from the force earlier this year.
"I think the family's very happy they now can move on, and that's kind of where we're at," Gill said.
"Given the pace of technology this isn't going to go away. I mean, you can't expunge your past, and I think that Mr. Devic will live with this for a long time, but he's prepared to do that."
Case background: Creep Catchers sting
During sentencing, Gill argued his client never intended to meet a minor as Creep Catchers alleged.
The constable was arrested two years ago, after Surrey Creep Catchers livestreamed an encounter on social media. The vigilante group, which states its goal is to expose sexual predators, alleged the man in the video was a Mountie, and that he was attempting to meet a teenager for sex.
Police launched an investigation into the allegations, and identified Devic as a suspect. He was initially charged with breach of trust and attempting to lure a child under the age of 16, but the luring charge was stayed.
Gill said previously that Devic didn't believe the person he'd been talking to online was underage, as the person he'd emailed initially said they were an adult, and photos appeared to confirm their age.
"The position of Mr. Devic has always been that he is prepared to accept responsibility for acting inappropriately, especially while he was a police officer," Gill said earlier this year.
He'd found the person he'd been emailing through the "Women Seeking Women" section of Craigslist, where the poster had listed their age as 18.
However, according to an agreed statement of facts, she'd repeatedly told him during the hundreds of sexual messages they'd exchanged that she was a 15-year-old high school student.
Unbeknownst to him, the woman he'd been emailing was actually a 30-year-old member of Creep Catchers.
They arranged to meet at the Boston Pizza in Surrey Central Mall, and the incident was broadcast by the group live on Facebook. Once confronted, Devic fled on foot.
Does conviction legitimize Creep Catchers?
McLaughlin said Creep Catchers' conduct was not a factor to be included in terms of a mitigating circumstance.
"The court was clear to say that this decision should not be seen as condoning the activities of the Surrey Creep Catchers," he said.
"I think an important takeaway is that investigations of this nature are best investigated by professional investigators with the appropriate police agencies."
He said police are best equipped to ensure public safety, and that evidence is properly collected and lawfully observed in accordance with the Criminal Code.
Gill said he felt the judge was clear that he had to sentence people based on what they've done, but he was also clear that the group's behaviour does not help society.
"Another case I was involved in that had a Creep Catchers element, the Crown decided to drop the charges, so I think the message has been sent," Gill said.
"The comments from the courts and the Crown and I think even the police are that they don't need, with the greatest of respect, the Creep Catchers' help."
With files from CTV Vancouver's Shannon Paterson
