Doug's Case — Sexual Interference — Withdrawn

Between
Her Majesty the Queen, and
Doug P.

Ontario Court of Justice
Brampton, Ontario
Justice Blacklock

Withdrawn:  15 December 2006
(60 paras.)

¶ 1     BLACKLOCK J. (orally):  Okay. Now, I have an information pursuant to Section 810.1 of the Criminal Code before me.

¶ 2     MS STEVENS:  Yes.

¶ 3     THE COURT:  Does your client waive the reading of the information?

¶ 4     MR. PENNEY:  Just — yes, Your Honour, but very briefly.

[REPORTER'S NOTE:  At this time, submissions were made.]

¶ 5     MR. PENNEY:  Yes. Your Honour, I can — for the record, Your Honour, I can indicate that both Mr. P. and I were present in Court when the information, the 810 information, was sworn. We do not wish to show cause. Mr. P. concedes that the officer has that fear and that the fear is reasonably based.

¶ 6     THE COURT:  Okay.

¶ 7     MR. PENNEY:  He does not wish to show cause.

¶ 8     THE COURT:  All right, thank you. Ms Stevens, is there anything in addition — I understand you're seeking — I understand you and counsel have discussed it. You're both in agreement that I ought to make the order and you've given me, as Appendix "A," typed out terms that you would like me to impose. Is there anything in addition you would to put on the record at this time?

¶ 9     MS STEVENS:  I can indicate that in the circumstances of the complainant, Sally R., that she's an individual who has particular medical issues and a trial would've been difficult, as well as there are other personal issues which would have complicated her life in the way that would not have been in the public's interest, and this is the way to proceed. Her father is agreeable with the 810.1.

¶ 10     THE COURT:  Okay, thank you. Would you stand up for a minute, sir?

¶ 11     THE ACCUSED:  Sure.

¶ 12     THE COURT:  Given the position of both parties with respect to this case, urging me to deal with it by imposing a Recognizance pursuant to Section 810.1 of the Criminal Code on certain terms, I'm satisfied that it's an appropriate case to do so...

¶ 13     THE ACCUSED:  Thank you.

¶ 14     THE COURT:  ...and I will do so. I am going to order you to enter into a Recognizance which will be 12 months in duration. It will be — is it in the amount of $500.

¶ 15     MS STEVENS:  Yes.

¶ 16     THE COURT:  No deposit, no surety?

¶ 17     MS STEVENS:  Correct.

¶ 18     THE COURT:  The terms will be — now, does this include a term in addition to the ones you've set out in your Appendix, that to keep the peace and be of good behaviour? I guess that implicit in the Recognizance, is it?

¶ 19     MS STEVENS:  Yes, that, I think is — the — the keep the peace is always...

¶ 20     THE COURT:  You don't have any objection to that?

¶ 21     MR. PENNEY:  No, no, Your Honour.

¶ 22     THE COURT:  There will be a term that he keep the peace and be of good behaviour. In addition, he will not communicate with persons under the age of 14 years, using a computer system within the meaning of subsection 342.1(2) except telephones for verbal communication. Two, he will not engage in any activity — and Madam Clerk, just so you know, I'm going to give you the typed sheet, okay?

¶ 23     COURTROOM CLERK:  Okay.  

¶ 24     THE COURT:  Not to engage in any activity that involves contact with any person under the age of 14 years of age, except in the presence of an adult over the age of 21 years of age. Clause three, not to attend a public park or public swimming area where persons under the age of 14 years are present or can reasonably be excepted to be present or a daycare centre, school ground, playground or community centre, except in the company of [your wife or daughter]. Number four, not to contact or communicate with Sally R. except in the presence of a family member over the age of 21 years of age. Clause five, continue counselling and treatment with Dr. Timothy Quek and Dr. Martin Catsman or their designates as they direct. Upon entering into the Recognizance in accordance with those terms, I take it it's your request that I withdraw the current allegations before the Criminal Court Ms Stevens?

¶ 25     MS STEVENS:  That's correct — the information relating to interference on July 16th, 2000.

¶ 26    THE COURT:  Okay, great. Madam Clerk, if I'll — I'll give you those documents. You can make up the order. There'll be an order for you to sign, sir, in a few minutes. Just have a seat in the body of the Court and we will come back to your case.

¶ 27     MS STEVENS:  Thank you very much, Your Honour.

¶ 28     THE COURT:  Okay, and Ms Stevens, I think Ms Simitsis can cover the actual withdrawal later, okay?

¶ 30     MS STEVENS:  She's well aware of it.

¶ 31     THE COURT:  Thank you.

[REPORTER'S NOTE:  At this time, unrelated matters were dealt with.]

¶ 32     MS SIMITSIS:  Your Honour, I understand that counsel's here on the Section 810.1 peace bond.

¶ 33     THE COURT:  Yes.

¶ 34     MR. PENNEY:  Yes, that's been executed, Your Honour. The clerk indicated that you would like to address Mr. P. one last time.

¶ 35     THE COURT:  Just come forward, sir.

¶ 36     MR. PENNEY:  Please come forward, Mr. P.

¶ 37     THE COURT:  Sir, you've now read the terms which I imposed?

¶ 38     THE ACCUSED:  Yes, sir.

¶ 39     THE COURT:  And you've read the order?

¶ 40     THE ACCUSED:  Yes, sir.

¶ 41     THE COURT:  And you understand the terms?

¶ 42     THE ACCUSED:  Yes, sir.

¶ 43     THE COURT:  Okay. It's very important that you strictly adhere to all those terms...

¶ 44     THE ACCUSED:   I understand, sir.

¶ 45     THE COURT:  ...because notwithstanding the fact that the charges currently before the Court will be withdrawn against you...

¶ 46     THE ACCUSED:   M'hmm.

¶ 47     THE COURT:  ...should you breach any of those terms, you can be charged with the offence of breaching that peace bond.

¶ 48     THE ACCUSED:   No, I understand.

¶ 49     THE COURT:  That's a new offence and you can be brought back before the Court. So you understand all that?

¶ 50     THE ACCUSED:   Absolutely.

¶ 51     THE COURT:  Thank you, sir. The charge now will be marked as withdrawn, Ms Simitsis, that's currently before the Court and you're all free to go.

¶ 52     MR. PENNEY:  Yes.

¶ 53     MS SIMITSIS:  Thank you.

¶ 54     MR. PENNEY:  Yes, I believe there's two charges, Your Honour.

¶ 55     THE COURT:  Okay, the outstanding criminal charges currently before the Court other than the peace bond I've executed will be marked as withdrawn.

¶ 56     MR. PENNEY:  Yes, and the clerk has provided me a copy of the order...

¶ 57     THE COURT:  Okay.

¶ 58     MR. PENNEY:  ...and if I may be excused, please, Your Honour?

¶ 59     THE COURT:  You may be. Thank you.

¶ 60     MR. PENNEY:  Thank you so much.

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