Summer's Case — Letter to Immigration Canada

26 March 2003

Mr. Craig M***, Director of Operations
Immigration Canada
6900 Airport Road  
Mississauga, Ontario                               By fax only to 905 405 35**

Accused:  Drake A.M. (DOB: ** August 197*)
Country of Origin:  El Salvador
Charges (Dec 02):  assault (2x) and threatening bodily harm
Charges (Jan 03):  fail to comply recognizance, assault bodily harm, etc.
My Client (complainant):  Summer S. (not married to Drake)
Trial (Dec 02 charges):  10 a.m., 509 Court, 444 Yonge St, 14 Apr 03
Court Date (Jan 03 charges):  2 p.m., 505 Court, 3 Apr 03 (to set date) 

Dear Mr. M***:

We are seeking your assistance in terminating Mr. Drake's immigration bail and/or in removing him from the country when his criminal matter is completed.

As I explained today, Mr. Drake is currently in custody on the January-2003 charges, and Ms Summer is fearful for her safety should he be released.  I am not an alarmist in domestic abuse matters. Having been involved in hundreds of such cases in the past 10 years, this is the first case where I have a very real concern that serious bodily harm or death may result.  I am writing this letter to ensure that your office is aware of Mr. Drake's status, and to facilitate communication between your office, the Crown’s office, and the police.

Mr. Drake is on an immigration bail (the details of which I am unaware).  He also has bail on the December-2002 charges.  He was recently detained on the January-2003 charges, which include assault bodily harm, threatening, and failure to comply with recognizance.  A copy of the synopsis on the December-2002 charges is being faxed with this letter.  You may obtain a copy of the more recent allegations by contacting Assistant Crown Attorney Ms C** F** at 416 325 89**.  She is currently assigned to prosecute Mr. Drake at his trial on April 14th.  I spoke to her yesterday, and she indicated that she would obtain the Crown brief on the more recent charges (which are in Court on April 3rd) and would be able to provide you with a copy of the allegations at your request.

I believe that the Detectives in charge of the December-2002 charges are Hi*** and Ho*** from the Toronto Police Service, 54 Division (ph 416 808 54**), and that Detective Aly R*** (also of 54 Division) is the Detective in charge of the January-2003 charges (ph 416 808 54**).

I urge you to contact the Crown to obtain a copy of the most recent allegations.  The Crown who successfully sought Mr. Drake's detention on those charges described the allegations as “very frightening.”  Once you read the allegations, I’m sure that you will share my concerns for Ms Summer’s safety.
 
I want to add that I had to meet with Ms Summer for over one hour in January 2003 before she allowed me to call the police to report the abuse in the months leading up to January 2003.  Her concern was that Mr. Drake would become infuriated upon learning that she reported the abuse, and that the police and the Court system would be unable to protect her at the conclusion of the matter.

When Mr. Drake was released initially from custody in December 2002, he told Ms Summer that, if he ever ended up in custody again because of her, she better make sure that he is never released.  I am asking you to make your best efforts to do exactly that.

Mr. Drake has no status here.  Once he is convicted (very likely), he will have no prospect of ever being able to live here legally.  I am hoping that you, working with the police and the Crown, will be able to take the necessary and appropriate action to ensure that he is removed from this country and that he is never allowed back.

In closing, I want to raise a concern about one possible outcome that I would like to avoid.  Mr. Drake has been in custody since January 22nd.  He might be thinking that at some point in the near future he could plea guilty to some of the more recent charges and receive a sentence of time served (technically “one day”).  If there is no immigration hold, he would be released that day, and would be free to seek his revenge.  I am hoping that you will be able to review his bail to keep him detained.

I thank you for your patience today.  We would very much appreciate any information or updates you could provide concerning whatever course of action you consider is appropriate.

Yours sincerely,

Craig Penney

c.c.  Ms C** F**, Crown’s Office, College Park, 444 Yonge Street, Toronto
(faxed to 416 325 89**)

c.c.  Detectives R***, Hi**, and Ho**, Toronto Police Services, 54 Division
(faxed to 416 808 54**)

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