April's Case — Assault (Domestic) — Complainant

Between
Her Majesty the Queen, and
Nate G.

Ontario Court of Justice
Newmarket, Ontario
Justice Favret

Withdrawn:  27 February 2007
(31 paras.)

¶ 1     MR. MCCALLION:  And then we have the matter of Nate G.

¶ 2     THE COURT:  Is that person here?

¶ 3     MR. PAIN:  Good morning, Your Honour.

¶ 4     THE COURT:  Come forward, sir.

¶ 5     MR. PAIN:  My name is Pain, initial "T". This is Mr. G.

¶ 6      THE COURT:  Yes, I'm sorry, counsel, your name?

¶ 7     MR. PAIN:  P.A.I.N.

¶ 8     THE COURT:  P.A.I.N.?

¶ 9     MR. PAIN:  Yes, first initial "T."

¶ 10     THE COURT:  All right. Thank you, sir.

¶ 11     MR. MCCALLION:  Can we page in this matter two people: Officer Kirk K. and April W?

¶ 12     THE COURT:  Is this scheduled for a trial today, gentlemen?

¶ 13     MR. PAIN:  Yes, it is, Your Honour.

¶ 14     THE COURT:  And is — are you ready to proceed?

¶ 15     MR. MCCALLION:  Yes.

¶ 16     THE COURT:  Please have a seat, sir, in the body of the Court up here. Is the Crown ready, Mr. McCallion?

¶ 17     MR. MCCALLION:  No, Your Honour. It appears I'm not — I'm not seeing any subpoenas in my brief, Your Honour, so the...

¶ 18     THE COURT:  Is the officer that's been paged the officer in charge?

¶ 19     MR. MCCALLION:  No, I have not spoken to him today. I don't believe he's here.

¶ 20     THE COURT:  Are the two persons paged witnesses?

¶ 21     MR. MCCALLION:  Yes. One person is the complainant. The other person is the officer in charge.

¶ 22     THE COURT:  Okay.

¶ 23     MR. MCCALLION:  I have not spoken with the officer in charge today, and the officer has not responded to the page. The complainant who has also been paged has not responded to that page.

¶ 24     THE COURT:  Is this person in Victim Witness?

¶ 25     MR. MCCALLION:  I have not been advised that they are here. Usually Victim Witness will call me and advise.

¶ 26     THE COURT:  All right.

¶ 27     MR. MCCALLION:  And I have received no confirmation that this complainant is here. Furthermore, I'm not seeing a subpoena of that witness in the brief. So, I am — I conclude that she has not been subpoenaed in this matter, Your Honour. My friend has indicated that to me, the basis for his knowledge I'm not sure, I'm not going to put his foot to the fire at all, but to give some background in this matter Mr. G. is charged with — this is a domestic type of situation, the complainant is his wife. Given that the complainant has not been subpoenaed, she's not here, I also — I also have a couple of reports from a psychotherapist in the brief, Your Worship, one dated as recently as December 15th, 2006. When Mr. G. was first charged with this matter, he was released on a Recognizance with conditions not to communicate with the complainant and, if I'm not mistaken, his bail was varied to permit contact for the purpose of counselling and that was done. Counselling sessions were conducted and the report of the counsellor. I can provide this to Madam Clerk. His last name is Quek: Q-U-E-K. The report of this counsellor indicates that Mr. G. was eager to engage in counselling, address any issues that led to his arrest, to — to mend the relationship. He acknowledged difficulties in the relationship. That he and the complainant both sought out marriage counselling. She is empathetic and she does not fear for her safety. She confirmed that to Victim Witness in a statement given to Victim Witness at the time of the alleged incident and the expressed commitment to continue marital counselling regardless of cost. They appear to be committed to the process of building the relationship — rebuilding the relationship and given that background, Your Honour, I'm not going to ask for an adjournment. Mr. G. does not have a criminal record. The complainant I believe is a doctor and given — given what I've said on the record today, I submit that there's no — no public interest in asking for an adjournment or a continuing prosecution, so I'll ask that the matter be marked withdrawn.

¶ 28     THE COURT:  All right. The — and I gather you're referring to all the charges?

¶ 29     MR. MCCALLION:  Yes.

¶ 30     THE COURT:  All right, the charges against Mr. G. will be marked withdrawn at the request of the Crown. Thank you, sir.

¶ 31     MR. PAIN:  Thank you.

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