Judge to determine if Hardenstine’s charter rights violated

By Keith Lacey, Local Journalism Initiative Reporter

A court proceeding is underway at the Penticton Courthouse this week to determine if one of the South Okanagan’s most prolific offenders had his Canadian Charter of Rights and Freedoms violated during a police stop last April in Okanagan Falls.

Andrew Robert Hardenstine pleaded not guilty to nine counts Tuesday morning before a voir dire – a trial within a trial to determine the admissibility of evidence – commenced in the B.C. Supreme Court of Justice before Justice V. Gottardi. Gottardi ordered a ban on publication of all evidence presented at the voir dire.

Hardenstine is facing charges of illegally possessing weapons (a handgun and rifle), disarming a peace officer (taser) in the course of performing his or her duties, possessing a loaded firearm without proper registration or certification, occupying a vehicle knowing there were firearms present, possessing firearms while prohibited, possessing a firearm contrary to a court order, assaulting police and willfully obstructing a police officer during the administration of their duties.

A four-day trial has been scheduled on these matters in May. Hardenstine is being represented by defence counsel Brittany Belcher while the Crown counsel in this case is Ann Lerchs from Penticton.

In late February of 2024, RCMP issued a direct appeal to Hardenstine to turn himself in.

“Mr. Hardenstine, for the safety of yourself, the public and police, we are asking you to turn yourself in to the police so that your matters before the courts can be dealt with accordingly,” RCMP spokesperson Sgt. Jason Bayda had said in a press release.

Hardenstine, now 45, had been on the run since Feb. 21, when police raided a motorhome parked at a property on 100th Avenue in Osoyoos where he was thought to have been staying.

RCMP officers were there to arrest him on outstanding charges ranging from drug trafficking to flight from police.

Police located and seized a considerable amount of illicit drugs and a loaded firearm, however, the search was not successful in locating Hardenstine.

His criminal record dates back almost 25 years and contains dozens of convictions for weapons, drugs and violent offences.

Hardenstine’s most recent entry – aside from the events Feb. 21 in Osoyoos – alleged two counts of drug trafficking and a single count of resisting arrest, stemming from a March 2023 incident in Penticton

An arrest warrant was issued when Hardenstine was a no-show at his first scheduled appearance. In early April last year, the Mounties announced they had got their man in Okanagan Falls as they had arrested Hardenstine. He’s remained in custody since.

Just weeks after his arrest ended his turn as the South Okanagan’s most-wanted fugitive, Hardenstine was sentenced to a total of 13 months behind bars on four convictions related to a 2022 police chase in Penticton. He was charged with failing to stop for police, driving while prohibited under the Criminal Code, driving while prohibited under the Motor Vehicle Act and driving while suspended under the MVA.

Hardenstine was convicted following trial in provincial court in June 2023, but then failed to show up for subsequent court appearances. That led to the issuance of warrants and a seven-week manhunt.

Court heard the 2022 incident involved Hardenstine, a prohibited driver, riding a dirt bike and leading police on a chase through Penticton and Penticton Indian Reserve territory.

Officers eventually called off the chase due to high speeds, but later caught up with Hardenstine after his bike got stuck.

Crown counsel Kurt Froehlich urged a sentence in the range of 12 to 18 months, noting the 62 prior convictions on Hardenstine’s record. Defence counsel Melissa Lowe countered with a recommendation of no more than three months in jail for her client.

She described the Crown’s recommendation as “excessive” and “too significant of a step up,” given Hardenstine’s last conviction for driving while prohibited, in 2019, attracted a sentence of just 29 days. 

Judge Lynett Jung disagreed saying “He was driving … in a way where the police decided they needed to discontinue trying to pursue Mr. Hardenstine on the dirt bike through the Penticton Indian Band and the streets of Penticton because it was not safe to do so,” said Jung.

The judge also looked skeptically at Lowe’s claim that Hardenstine deserved credit for not piling up more driving offences between 2020 and 2022.

“Really, if you look at his record, I don’t know how he would have had time to drive. He was in jail most of the time,” said Jung.

Back in December of 2013, Hardenstine, who police back then called a “prolific offender”, was given a three-year penitentiary sentence after being caught packing a loaded handgun and a semi-automatic rifle around Penticton.

Hardenstine was sentenced in Penticton provincial court after earlier pleading guilty to a string of weapons, drug, dangerous driving and other charges related to a pair of incidents during the summer of 2012.

Judge Gregory Koturbash sentenced him to 44 months, less the 85 days he had spent in custody since his arrest.

RCMP apprehended Hardenstine near his apartment on Roy Avenue on the evening of Sept. 11, 2012 as he allegedly tried to flee the scene on his motorcycle.

After his motorbike crashed into the front passenger side of the police car, one officer suffered a broken wrist in the ensuing melee.

Police discovered a loaded nine-millimetre handgun, a semi-automatic rifle, a sack full of ammunition and a quantity of drugs in the accused’s backpack.

In an unrelated incident near Oliver, RCMP spotted a car being driven by Hardenstine travelling at high speed along McKinney Road. The car forced several other vehicles off the road before being pulled over by police.

The sentencing hearing was abruptly adjourned after Hardenstine, appearing by video from Kamloops Regional Correctional Centre, began questioning police evidence cited in the judge’s report.

His lawyer, Robert Maxwell, then threatened to withdraw as defence counsel. However, Maxwell said Thursday his client apologized in a later phone conversation and agreed to a joint sentencing submission with Crown counsel John Swanson.