10-month suspension for B.C Realtor convicted of impaired driving, assaulting officer

Scales of justice. (Shutterstock)

A B.C. Realtor who was convicted in an Alberta case where he drove while impaired, fled police and assaulted an officer by dragging a Mountie who was clinging to the steering wheel alongside the car has had his licence suspended, according to the professional regulator.

The B.C. Financial Services Authority found David William Rodney Foxwell’s six criminal convictions constituted conduct unbecoming the profession and ordered a 10-month suspension after a hearing earlier this year, a decision on sanctions posted online this month said.

Foxwell has also been ordered to pay just over $15,000 in enforcement costs, the decision said.

“The circumstances in this case include Mr. Foxwell’s severe misconduct that injured a police officer, endangered that officer’s life, and obstructed the police’s attempts to enforce the law,” the decision added.

“The circumstances also include Mr. Foxwell’s rehabilitative efforts, his admissions, the personal impacts on him, the substantial financial impacts on him, and his criminal sentence.”

The charges date back to December 2021, when Foxwell was in Leduc, Alberta.

He was convicted of two counts of resisting an officer, one count of assaulting an officer, one count of dangerous driving, one count of impaired driving and one count of refusing to comply with a demand for a breath sample, the BCFSA decision said.

The court found Foxwell consumed “more than four drinks” before getting behind the wheel of his rental car and was subsequently stopped by a local Mountie, identified as “Officer 1” in the decision.

“[Officer 1] approached Mr. Foxwell’s vehicle and told him to put it in park. Mr. Foxwell did not put the vehicle in park despite [Officer 1] telling him repeatedly to do so. After [Officer 1] told Mr. Foxwell that he needed to take a breath sample as part of a mandatory alcohol screening and the light turned green, Mr. Foxwell began driving his car through the intersection,” the decision said.

“[Officer 1] reached into the vehicle with his right arm to attempt to put the vehicle in park. Mr. Foxwell accelerated to 40 to 45 km/h, dragging [Officer 1], who was holding on to the steering wheel, beside the car for approximately 200 metres.”

Foxwell was arrested after stopping the vehicle and taken to jail, the decision said.

In 2023, Foxwell was handed a 16-month conditional sentence followed by eight months of probation. He was banned from driving for three years, ordered to complete 100 hours of community service and required to pay $7,150 in fines and victim surcharges, according to the decision.

The sentence Foxwell was given, the decision noted, was reduced on account of his Charter rights being violated by the RCMP. The judge who ruled on an unsuccessful appeal earlier this year said the convictions likely would have resulted in a “lengthy term of real jail” if not for the reduction, the decision said.

Gareth Reeves, the hearing officer who issued the decision on sanctions, characterized Foxwell’s conduct as “severe.” The regulator was asking for a suspension of one year, and $17,298.50 in enforcement costs.

“It submits that it is aggravating that his conduct was criminal and that it involved a refusal to cooperate with law enforcement and their lawful demands and placed the safety of other drivers and law enforcement at risk,” Reeves wrote.

“BCFSA submits that the sanction imposed should sufficiently denounce Mr. Foxwell’s conduct and demonstrate to licensees that they may face significant regulatory sanction for criminal conduct. BCFSA argues that I should consider the ‘relative laxity’ of Mr. Foxwell’s sentence in making my decision.”

Foxwell was asking for a suspension of zero to three months or conditions on his licence for one to two years, along with a “modest” financial penalty. The Realtor stressed his commitment to rehabilitation, his admission of wrongdoing, and the consequences he had already suffered, according to the decision.

“Mr. Foxwell submits that he has already been held to account by the criminal proceedings and has suffered public humiliation by way of repeated media coverage.

This has impacted his “personal life, career, and finances and damaged his reputation,” the decision said.

“Mr. Foxwell submits that he is not attempting to avoid consequences, but wishes to avoid a suspension that would ‘destroy and collapse a 20-year career and would be a form of life sentence.’”

Reeves’ decision said a suspension was warranted in the circumstances.

“In my view, the superintendent must make it clear that the highly dangerous criminal conduct Mr. Foxwell engaged in, which also obstructed and interfered with law enforcement, is not acceptable. That conduct was both lethally dangerous and, as the trial judge found, itself ‘a blow to the administration of justice,’” Reeves wrote.

“That kind of conduct requires a substantial response from the regulator to ensure that the public maintains confidence in the integrity of the industry and the regulator’s ability and willingness to appropriately respond to misconduct, particularly severe misconduct.”

Reeves did not award the full amount sought by the BCFSA, reducing it by $2,200. The Realtor was given 90 days to make a payment of $15,098.50. Foxwell was also entitled to appeal the decision on sanctions within 30 days of it being issued.