More than 45 people packed into Kelowna Provincial Court on Nov.17, for the sentencing of James Plover, who was found guilty of one count assault by choking, as well as three counts uttering threats stemming from a June 2024 incident.
Plover appeared in the prisoner’s box with a scruffy beard, dressed in a red shirt and sweatpants. He casually looked up at those seated in the court room from time to time during the proceedings.
However, Judge Dave Ruse has reserved his decision on sentencing until Nov. 27.
Crown counsel Cathryn Rezylic was asking for 16-18 months in jail, less credit 206 days for time served.
Rezylic said Plover has shown no remorse and has not apologized or taken responsibility for his actions on June 22, 2024.
According to Rezylic, Plover was at home with his intimate partner on that day, with their two-year-old child. His intimate partner, who cannot be named due to a publication ban, was having two friends over to the home.
Plover and the victim got into an argument about their child after Plover wanted to take the child somewhere. The victim took the child from Plover and attempted to leave the house, however, the court heard that Plover then made threats against the intimate partner and the child before hitting the victim’s head off the microwave and strangling them.
The victim was left with bruises, but was able to leave the home and call police.
Then Plover made threats of suicide, before taking a machete and destroying a couch and a painting belonging to the victim.
Police were finally able to coax Plover out of the home. He was found guilty of these charges on July 4, 2025.
Several hours after being found guilty, Plover’s ex-wife Bailey McCourt was attacked in a daytime violent assault. McCourt and another woman who was also attacked were taken to hospital with injuries, where McCourt died. Plover was pursued by police following the reported assault and was arrested a few kilometres away on Glenmore Road.
Plover was not in custody at the time of McCourt’s death and was instead bound by the same “extensive protective conditions” from his release in 2024, along with a $500 bond, while awaiting his sentencing hearing in September.
During Monday’s hearing, the court heard that Plover’s second-degree murder charge in relation to McCourt’s death had been upgraded to first-degree murder and dangerous operation of a vehicle.
While the Crown is asking for four to six months for each count of uttering threats to be served consecutively and the count of strangulation to be served concurrently, the defence is asking for a jail sentence of nine months, with no consecutive sentence.
Defence attorney Cory Armour said that the threats Plover made were made in minutes of each other and were continuous and not at separate times.
He told the court that Plover is 33 years old and that he suffers from mental health issues and PTSD. According to Armour, Plover had once received a diploma in justice deployment and wanted to work for the RCMP. Plover reportedly worked in corrections before working for Boston Pizza in Kelowna, which is where he was employed at the time of the charges.
The court stood down for a small recess, and upon returning, Plover addressed the court, telling Judge Ruse, “I will torture myself every day until I die, more than any time you will give me.”
Following court proceedings, McCourt’s aunt Debbie Henderson spoke to the media, saying that, “Seeing him in person, every time it kind of almost takes your breath away.”
“It’s hard. It’s surreal. It doesn’t even seem like people can do things like that to another human. And, in terms of, you know, his statements to the judge, it’s too little, too late. Our family is not going to believe anything that’s coming from his mouth in terms of any sort of remorse.
“There was no apology stated, but he’s going to beat himself up over this, and he’ll take whatever sentence he’s given. It’s too little too late. He had an opportunity before for the first charges to plead guilty, and he chose not to. He showed no remorse,” she said.
Kamloops MP Frank Caputo was also in attendance. He had introduced Bill C-225 to the House of Commons as a private members bill titled Bailey’s Law.
“Updating the law of seizure, and naming it what it is, assault of an intimate partner. Right now, there’s actually no difference in your charge. If you punch somebody out at the bar or viciously victimize your intimate partner. We talk about differences in assaulting a peace officer. There’s actually a charge for that. I believe we will soon see a charge someday for assaulting a first responder. There should also be a charge for assaulting an intimate partner. And if you do that, you should be brought before the court within five years. If you’re alleged to do it, only a judge can release you. These are really common-sense solutions,” explained Caputo.
Plover will return to court by video to be sentenced on Nov. 27.
Plover will return to court by video to be sentenced on Nov. 27.