Toronto Arrest Warrant Lawyer

Domestic — Toronto Criminal Defence Lawyer

Client:  U.R., Accused
Complainant:  his ex-wife
Charges:  assault (2x); threatening death

The Queen v. U.R.
Ontario Court of Justice, Toronto
Judge McArthur
(stayed: 12 December 2014)

Crown:   D. De Santis, Office of the Crown Attorney, Toronto
Defence:  Craig Penney, Domestic Criminal Defence Lawyer, Toronto

¶ 1  MR PENNEY:  Yes. So before my friend commences, I do have a designation. The background of this is that this is a first — this is pulled forward. There's a first instance warrant that is somewhat dated. So I do have a designation of counsel that was signed by him and witnessed by a lawyer in his homeland ... So I'm going to file that now.

¶ 2  THE COURT:  All right. Thank you.

¶ 3  MR PENNEY:  And I'm attorning to the jurisdiction, so that establishes Your Honour's jurisdiction over Mr. R.

¶ 4  THE COURT:  All right. Thank you.

¶ 5  CROWN:  Thank you. And I have been in contact with my friend for well over a year now regarding this matter, and he's provided me some background information regarding it . Also indicating that he was hoping that I 'd take a close look at the prospects the Crown has with respect to this case and whether it was wished — we wished to proceed. At this stage, I'm not sure what our prospects are. It's more of a having input from the complainant through the officer in charge of this case, Detective Ramjatten, and he's confirmed with her that she's no longer interested in proceeding with this matter. Given how old the matters go back, to 2010, I see no public interest in proceeding, in the circumstances. What I am going to ask is that the charges be stayed in the circumstances.

¶ 6  THE COURT:  All right, then. The charges are stayed at the request of the Crown. Mr. Penney, did you have any comment?

¶ 7  MR PENNEY:  I did have one — I have no comments, but a request. Your Honour, there is the first instance warrant, and I just want to make sure that I get the information to the police bureau that says it's no longer effective. In the past, what I've asked is, is the presiding jurist to — for the clerk to mark it "cancelled" and then for Your Honour, perhaps, to sign it, so that it is cancelled.

¶ 8  THE COURT:   Mr. De Santis?

¶ 9  CROWN:   I'm content to do that, yes.

¶ 10  THE COURT:   All right. And is that before the Court?

¶ 11  MR PENNEY:  I'm hoping it — the arrest warrant, it should be there.

¶ 12  THE COURT:  All right. So I've just written "cancelled" and I've signed and dated.

¶ 13  MR PENNEY:  Yes.

¶ 14  MR PENNEY:  I should add, as well, that since the charge is stayed, it'll show up in the record as conditionally stayed. My client's not here, but I will be ordering a copy of the transcript, so I'll make it clear for the record, in fairness to the Crown, these charges are being stayed, largely because it's not in the Crown's — sorry — it's not in the public interest to prosecute, but also, Your Honour, because with the — there's an expectation that my client will stay away and have no communication at all with this complainant. They all — they're in different parts of the world, and technically, the Crown does have the option of recommencing the proceedings within 12 months and I will make my client aware of that.

¶ 15  CROWN:   Yes. And those are that — that's our understanding of our discussions as well.

¶ 16  THE COURT:  All right.

¶ 17  MR PENNEY:  Thank you.