Judge orders 10-months house arrest for Brian Coldin

BRACEBRIDGE — Brian Coldin will be largely confined to his High Falls Resort property for the next 10 months.
On Wednesday afternoon in a Barrie courtroom, Coldin received 10 months of house arrest for convictions of criminal harassment, threatening to destroy property, assaulting two police officers with a weapon and breach of recognizance. However, Coldin was granted a conditional stay on the threatening to destroy property conviction, as defence lawyer Lorne Honickman successfully argued that the charge should be incorporated into the harassment conviction.
The charges relate to an incident that occurred in Bracebridge in May 2009.
The Crown originally asked for 90 days in jail or house arrest while the defence requested a conditional discharge.
Judge James Crawford revealed that he had originally been leaning toward a sentence of between six and nine months in jail, but had been swayed by the Crown’s request.
Coldin was convicted on March 23. The judge found Coldin had driven a 20- to 40-ton excavator to a cabin near High Falls Resort, and waved the claw over the heads of three men he was attempting to get to leave the area during the May 2009 incident.
Judge Crawford also found that Coldin had later pivoted the bucket of the excavator toward two officers who had showed up on scene. The breach of recognizance charge related to Coldin being found outside his residence without his surety.
Coldin was found not guilty of two additional counts of assault with a weapon, one count of dangerous operation of a motor vehicle, and one count of threatening death.
Four of Coldin’s supporters were on hand as the judge ran through a 12-page decision, outlining his reasons for the sentence. Coldin showed little reaction throughout.
Crawford said he had received 10 character letters supporting Coldin. They described him as “a family man, a businessman, a friend and a man of non-violence,” said Crawford.
A doctor’s report ruled out many psychiatric conditions, but found some features of post-traumatic stress disorder and obsessive compulsive personality disorder.
The report indicated that Coldin is a “low risk of engaging in future violent behaviour.” It also indicated that he feels his life is in danger.
“Whenever he sleeps alone, he sleeps with a knife under his pillow, an axe beside his bed and obstacles throughout the house in the case of intruders,” said Crawford.
Crawford said Coldin’s inclination to over-report some symptoms limited the strength of the report.
“This tendency invalidated one test and appears to have prevented clearer diagnoses,” said Crawford.
In a pre-sentence report prepared by a local probation officer, Coldin was described as a “complicated character … territorial on the one hand, kind-hearted and generous on the other.”
Crawford also commented on the W5 documentary A Town Without Pity, which he viewed during sentencing submissions. Crawford said the documentary was “of marginal use,” as much of the information was hearsay and the program took a clear editorial stance in favour of Coldin.
Crawford acknowledged the long-standing problems between Coldin and his neighbours, the local OPP and the other members of the community, but said there was little his decision could or should do to address those issues.
“I read that (Coldin) is contemplating a move back to the area where he grew up, and that the possibility of a new and exciting career awaits him. This is a good thing,” said Crawford. “In societal terms, it cannot be but a source of regret that the many talents of Mr. Coldin were not realized, satisfactorily, in Bracebridge.”
For the first six months of house arrest, Coldin will be largely restricted to his own property, only being allowed to leave briefly for personal business. For the remaining four months he will be under a curfew and ordered to remain on his property between 11 p.m. and 6 a.m.
Coldin was also given a 10-year weapons ban and placed on 12 months probation.