C A N A D A C.R. No.

417950
PROV1NCE OF NOVA SCOTIA
IN THE SUPREME COURT OF NOVA SCOTIA
In the matter of:
HER MAJESTY THE QUEEN
-and
DUSTIN HALES
AGREED STATEMENT OF FACTS
Pursuant to section 655 of the Criminal Code of Canada, the Crown alleges, and the accused, Mr.
Dustin Brian Hales, admits, for the purposes of dispensing with proof thereof, the following
facts:
The Discovery of Ms. Christina Climes body
[1] In the late morning of November 19, 2011, Mr. Jeff Frizzell was out for a walk on a trail
in Shubenacadie Park in Dartmouth, known as Viviens Way. On his walk, he discovered the
lifeless body of an adult female lying on her back in the center of the trail wearing a t-shirt, blue
jeans and sneakers. The deceased was later identified as Ms. Christina Cline, a 27 year-old local
resident and mother of three young children, aged 7, 8, and 9, at the time of her death. Mr.
Frizzell immediately contacted the police.
[2] Upon their arrival, the police cordoned off the area and commenced a homicide
investigation. An initial examination of the body demonstrated that the deceased suffered
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numerous stab wounds to her torso and neck. A further search of the crime-scene led the police
to discover numerous items, including a small piece of a jacket with blood stains on it, a cigarette
butt, and several sets of footprints near the body.
The Autopsy of Ms. Christina Cline
[3] An autopsy was performed on the body of Ms. Cline. This examination revealed that Ms.
Cline suffered a total of 18 stab or incision wounds in the torso and neck. One of the stab
wounds severed the carotid artery, while another stab wound perforated the rib cage.
Additionally, it was discovered that Ms. Cline suffered a blunt force wound to her head. Ms.
Cline also had minor bruises and cuts on her hands and arms, suggesting that she had attempted
to defend herself from her attacker. The medical examiner determined that the cause of Ms.
Clines death was due to blood loss with no single wound being an exclusive cause to the death.
Ms. Clime is Reported Missing
[4] On November 19, 2011, the police received a call from Ms. Jana Peterson reporting Ms.
Cline as a missing person.
[5] Ms. Peterson advised the police that she had attended Ms. Clines home at 148 Roleika
Drive, Dartmouth, Nova Scotia, at 5:00 p.m. on November 18, 2011, to look after Clines three
young children. Ms. Peterson was expecting Ms. Cline home that night by no later than
midnight. When Ms. Cline failed to return home, Ms. Peterson contacted the police the
following morning.
The Activities of Ms. Christina CLINE on November 18, 2011
[6] Through their investigation, the police were able to determine the following about the
whereabouts of Ms. Cline on the evening of November 18, 2011:
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At approximately 5:30 p.m., Ms. Cline drove her van to a local convenience store. Video
surveillance from that store showed Ms. Cline wearing a jacket consistent with the small
piece ofjacket found near her body on Viviens Way.
At approximately 6:04 p.m., Ms. Cline attended a Dollar Store on Tacoma Drive in
Dartmouth, Nova Scotia where she purchased a small flashlight.
At approximately, 6:10 p.m., Ms. Cline visited a friends residence to pick-up some
money that was owed to her.
By approximately 6:20 p.m., Ms. Cline parked her van in a parking lot outside 15
Kennedy Drive in Dartmouth, Nova Scotia. Her vehicle was found in this location on
November 19, 2011 by the police. Inside her vehicle was her bank card, as well as the
packaging for the small flashlight she had just purchased at the Dollar Store.
[7] Ms. Cline provided her friends with various false accounts of where she was going the
night of November 18, 2011. To some she indicated that she had a parenting class at family
Court, while to others she indicated that she was going on a date with someone she had met on a
dating website. Throughout the course of the police investigation, it became clear that on the
evening of November 18, 2011, Ms. Cline was planning on seeing Ms. Victoria Weir.
The Relationship between Ms. Christina Cline, Ms. Victoria Weir and Mr. Dustin Hales
[8] At the time of her death, Ms. Clines long-term relationship with Mr. Dustin Hales was in
the final stages of dissolution. Mr. Hales and Ms. Cline began their relationship in Ontario. In
2001, Mr. Hales joined the Canadian Navy, resulting in the couple moving to Halifax, Nova
Scotia in 2002. The couple had three children together.
[9] In September of 2010, Mr. Hales and Ms. Cline decided to commence a polygamous
relationship and sought an interested female through a dating website. Mr. Hales and Ms. Cline
made contact with Ms. Weir, a resident of Sydney, Nova Scotia who had a young child from a
previous relationship.
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[101 In December, 2010, Ms. Weir and her child moved in with Ms. Cline, Mr. Hales and their
children in their residence on Roleika Drive. The three-way relationship between the adults soon
dissolved, which resulted in Mr. Hales moving into the basement by himself while Ms. Clme and
Ms. Weir entered into a monogamous relationship in the upstairs portion of the house with the
four children.
[11] In August 1, 2011, the relationship between Ms. Weir and Ms. Cline dissolved. The
following day, Ms. Weir and Mr. Hales began engaging in an intimate monogamous relationship.
This relationship prompted Ms. Cline to confront and allegedly assault Ms. Weir. As a result,
Mr. Hales and Ms. Weir, along with Ms. Weirs young child, moved into their own apartment at
81 Lakecrest Drive, Dartmouth, Nova Scotia. Ms. Cline continued to live in the Roleika Drive
residence and maintain primary care of her and Hales three children.
[121 In September 2011, Mr. Hales was ordered by the Supreme Court Family Division to
make child support payments to Ms. Cline in the amount of $1,251 per month. By November
2011, Mr. Hales was in arrears which caused Ms. Cline to become upset. Ms. Cline
communicated her upset about this issue through Ms. Weir to Mr. Hales.
[13j By all accounts, Mr. Hales and Ms. Clines relationship was often rocky and abusive.
Mental health records of Mr. Hales demonstrate that he previously had violent fantasies, some of
which including harming his wife. Records from the Department of Community Services,
demonstrate that Mr. Hales was opposed to Ms. Cline re-locating with their children to Ontario,
something she was increasingly considering. Friends and family of Ms. Cline and Mr. Hales
recounted various violent disagreements between the couple. Finally, a friend of Ms. Cline
noted how Ms. Cline had previously stated, if anything ever happens to me, Dustin did it.
The Interviews of Mr. Hales and Ms. Weir following the Discovery of Ms. Clines body
[14] On November 19, 2011, the day Ms. Clines body was discovered, Ms. Weir and Mr.
Hales were interviewed by the police. Both individuals reported similar stories of their
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whereabouts the previous night. They claimed that they were physically intimate at their
residence and then took Ms. Weirs child to the IWK childrens hospital to treat a rash.
[15] On November 20, 2011, Ms. Weir and Mr. Hales were re-interviewed by the police. The
individuals independently gave new stories reporting that they had attended Rainbow Haven
Beach on the evening of Ms. Clines disappearance, where they were physically intimate in their
van. After reportedly returning home, the couple stated they were driving out to Cole Harbour,
Nova Scotia to attend a restaurant when they received a phone call from their babysitter, Ms.
Michelle Babbin. They said Ms. Babbin advised them that Ms. Weirs child had a rash that
needed medical attention. Both Ms. Weir and Mr. Hales claimed they picked up Ms. Weirs
daughter and attended the 1WK with her.
Evidence which Pointed towards the Involvement of Ms. Weir and Mr. Hales in the death
of Ms. Clime
[16] Despite their assertions that they were not involved in the death of Ms. Cline, much of the
evidence gathered by the police suggested that Ms. Weir and Mr. Hales were, including the
following:
The babysitter for Ms. Weirs child, Ms. Babbin, had been told by Mr. Hales and Ms.
Weir that they would be attending a Christmas work party for Mr. Hales employment on
the night of November 18, 2011. No such party occurred. Additionally, Ms. Babbin
advised the police that it took Ms. Weir a very long time (almost an hour) to pick her
child up after being advised that her child was in need of medical attention.
The telephone records of Ms. Weir, Mr. Hales and Ms. Cline were obtained. These
records not only confirmed that Mr. Hales had a cellular telephone on November 18,
2011 (something which he and Ms. Weir denied to the police), but also, showed that he
and Ms. Weir were utilizing cell phone towers in the vicinity of Shubenacadie Park on
the evening of November 18, 2011. Additionally, through text messages, these records
demonstrated that Ms. Weir and Mr. Hales were growing increasingly angry with Ms.
Cline in the weeks leading up to her death. Finally, the telephone records demonstrated
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that Ms. Cline was in contact with Ms. Weir at various times during the early evening of
November 18, 2011.
A search warrant was executed at the residence of Mr. Hales and Ms. Weir. In the
process of that search the small flashlight purchased by Ms. Cline on the night of
November 18, 2011 was discovered in a filing cabinet.
A pink purse and a pair of ladies Nike sneakers were found washed up on the shore of
Lake MicMac a few days after the body of Ms. Cline was discovered. This pink purse
was the purse worn by Ms. Cline on the night she was killed. The ladies Nike sneakers
belonged to Ms. Weir.
DNA evidence further suggested that Mr. Hales and Ms. Weir were present at the crime-
scene. The cigarette butt found near the body of Ms. Cline contained the DNA of both
Ms. Weir and Ms. Cline. The small piece of jacket found by the body of Ms. Cline
contained the DNA of Mr. Hales.
Several of the footprints found near the body of Ms. Cline were consistent with footwear
worn by Ms. Weir.
The Initial Arrest of Mr. Hales and Ms. Weir December, 2011
[17] On December 13, 2011, Mr. Hales and Ms. Weir were arrested for the murder of Ms.
Cline. Both were interrogated without any inculpatory information being revealed. They were
released the next morning. Shortly after release, Mr. Hales and Ms. Weir were legally married
on December 16, 2011.
The Mr. Big Operation
[18] After the initial arrest and release of Mr. Hales and Ms. Weir, investigators began an
undercover operation utilizing an investigative technique known as a Mr. Big operation for the
purpose of eliciting further evidence from Ms. Weir and Mr. Hales. The operation resulted in
Ms. Weir giving several incriminating statements, including a re-enactment, to undercover
officers implicating both herself and Mr. Hales in the death of Ms. Cline.
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[19] Ms. Weir provided varying, and at times, inconsistent accounts of what happened to Ms.
Cline on November 18, 2011. In her last statement to the undercover officers, she advised of the
following:
Mr. Hales was stressed about money and was fighting with Ms. Cline about the custody
of the children. Mr. Hales told Ms. Weir it was either her or Cline and hed give her a
few days to think about it;
Mr. Hales told her to ask Ms. Cline out on a date and to tell Ms. Cline to make something
up about where she was going. Ms. Weir advised the undercover officers that she then
made plans with Ms. Cline to go for a walk together in Shubenacadie Park;
Before picking up Ms. Cline, Ms. Weir dropped Mr. Hales off at Shubenacadie Park and
discussed which path she should lead Ms. Cline down;
Upon arrival at the park with Ms. Cline, Ms. Weir texted Mr. Hales as a signal that the
two females had arrived. The content of the texts was sexual in nature and was also
intended to support a future alibi;
Mr. Hales jumped out from the woods when the ladies were on Viviens Way and
killed Ms. dine;
After Ms. Cline was killed, Mr. Hales and Ms. Weir returned to their van where they
changed before leaving; and
After Ms. Weir was dropped off at home, Mr. Hales left again to get rid of evidence they
took from the scene.
[20] No incriminating statements were obtained from Mr. Hales during the course of the
undercover operation.
The Re-arrest of Mr. Hales and Ms. Weir November 24, 2012
[21] On November 24, 2012, Mr. Hales and Ms. Weir were arrested for a second time.
During the interrogation of Mr. Hales he was confronted with portions of the statements made by
Ms. Weir to the undercover officers during the Mr. Big operation.
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[221 When confronted by these statements, Mr. Hales confirmed his involvement in the killing
of Ms. Cline. He acknowledged that Ms. Weir dropped him off at Shubenacadie Park on the
early evening of November 18, 2011 and he then walked to Viviens Way to wait for the arrival
of Ms. Weir and Ms. Cline. He acknowledged that the text messages were intended to provide
him with notice that the two females had entered the park. He acknowledged that he stabbed and
killed Ms. Cline, although he maintained that he had not planned on killing Ms. Cline that night.
He claimed that it was his intention to confront her about their custody and child support issues,
and that he killed her after she became angry with him.
[23] Following Mr. Haless interview on November 24, 2012, the police searched a region of
Lake Banook where they believed they would find items that were used in the killing of Ms.
Cline. As a result of their search, they recovered a garbage bag weighed down by rocks which
contained a single-bladed knife, an asp, and several items of soiled clothing.
ALL OF WHICH IS ADMITTED this
16 th
day of October, 2014 at the Halifax Regional
Municipality, Nova Scotia.
Mr. Dustin Brian Hales Mr. [ark Heer ma
Counsl.rjjr Majesty the Queen
5
C
Mr. Euie Tan, counsel for Mr. Peter Dostal
Mr. 9(stin Brian Hales Counsel for Her Majesty the Queen
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