Jed's Case — Assault (Domestic) — Withdrawn

Between
Her Majesty the Queen, and
Jed C.

Ontario Court of Justice
Toronto, Ontario
Judge Shamai

Withdrawn:  21 November 2008
(39 paras.)

¶ 1     MS MAXWELL:  We can deal, I believe, with Jed C. at line three on the docket.

¶ 2     MR. PENNEY:  Good morning, Your Honour. Penney, initial C., P-E-N-N-E-Y. I'll just pause. I see Your Honour is hooking up your computer.

¶ 3     THE COURT:  Thank you.

¶ 4     MS MAXWELL:  Oh, I'm sorry, Your Honour.

¶ 5     THE COURT:  No, that is fine. Go ahead.

¶ 6     MR. PENNEY:  Perhaps the Clerk could just ensure, while we're waiting for Her Honour, that there is a section-810 Information before the Court.

¶ 7     MS MAXWELL:  I have the 810, yes.

¶ 8     MR. PENNEY:  Okay, my friend has it.

¶ 9     MS MAXWELL:  All right. Yes, Your Honour, this matter before the Court, Mr. Jed C., is three counts of assault. This has been the subject of pre-trial discussions with one of my colleagues. I have handed the Clerk a section-810 Information and subject to Your Honour's consideration, the proposal will be a joint one, that Mr. Jed C. enter into the 810 Peace Bond for a period of 12 months, $500, no deposit.

¶ 10     By way of just some brief background, Your Honour, Mr. Jed C. was involved in a domestic incident. He and the complainant have been married for one year. There had been an argument over the loss of a set of keys in the apartment and it was alleged that on June 16th, 2008, the accused began grabbing the complainant's arm and pushing her and at one point grabbed her in the area of her throat. She suffered some minor bruising and she attended the police station to give a KGB statement. There was a previous incident between April the 1st and April the 30th of 2008, as well as between January 1st and April 30th, 2008.

¶ 11     Your Honour, the Crown who was involved in this matter has considered it and has obtained complainant input. The complainant apparently would like contact with the accused and at this point is not sure whether they will reunite, but that was her input as of November the 10th.

¶ 12     So the terms that we'd be suggesting, subject to Your Honour, would be that Mr. Jed C. keep the peace and be of good behaviour, that he have no contact with the complainant — her name is Ally B. — except with her written revocable consent, to be filed with the officer in charge. That he not possess any weapons as defined by the Criminal Code. And I believe those were all the terms that were discussed. If I could just have one moment.

¶ 13     MR. PENNEY:  Your Honour, I'm content with all that, with the exception of the written revocable consent. I would simply ask that it be with her written, revocable consent. If Your Honour feels it has to be filed with the officer, then it simply to be filed with the officer in charge or at his Division.

¶ 14     THE COURT:  Ms Maxwell.

¶ 15     MS MAXWELL:  I'd be content that it be filed with the Division. I would have difficulty with their being no filing requirement simply because of the complainant's input that she's not entirely sure at this point where the relationship is going, and it's very difficult to monitor if it's not being filed with someone.

¶ 16     MR. PENNEY:  That's fine.

¶ 17     THE COURT:  All right. Well, perhaps we can have it filed at the Division to the attention of the officer. I certainly do not know much about filing systems at the police division, but I would not want it just dropped on the desk.

¶ 18     MR. PENNEY:  Yes.

¶ 19     MS MAXWELL:  Yes.

¶ 20     MR. PENNEY:  I agree. My practice is, frankly, to get the consent and fax it over to the officer and make sure that he or she has it.

¶ 21     THE COURT:  All right. Then Mr. Penney, with regard to the — I will ask for arraignment in a moment — but with regard to the 810 Peace Bond, have you reviewed the consequence of it and what is involved in entering into it with your client in the same way that you would make a plea comprehension inquiry.

¶ 22     MR. PENNEY:  Yes. I have reviewed both the facts and the circumstances of the 810 Recognizance. Mr. Jed C. understands that it is a Court Order and that, although it's not a criminal record, it is a Court Order that has to be obeyed. With respect to the facts, we're not admitting any specific offence, but he is admitting facts necessary for Your Honour to make two factual findings: number one, that this woman did have a fear of Mr. Jed C.; and number two, that her fear was reasonably based. Having made those admissions, I would submit that Your Honour has sufficient jurisdiction to make an Order under section 810. He understands that it is an Order that has to be obeyed, and that there could be both financial and criminal consequences if it is not obeyed.

¶ 23     THE COURT:  I will ask for an arraignment to have your client's position formally on the record.

¶ 24     CLERK OF THE COURT:  This is the Information of Detective Leslie D. The informant says that he believes, on reasonable grounds that Jed C. will cause personal injury to Ally B., or will damage her property on account of a threat made on or about the 16th day of June, 2008, 20 Bumblebee Drive, Toronto, Ontario, in the words or to the effect following, that is to say that he'd cause bodily harm, and therefore prays that the defendant may be ordered to enter into a Recognizance, with or without sureties, to keep the peace and be of good behaviour for a period not exceeding 12 months, or committed to prison for a term not exceeding 12 months if he fails or refuses to enter into the Recognizance. The informant also says that he does not make this complaint from any malice or ill will, but merely for the preservation of his person from injury and his property from damage, pursuant to the Criminal Code, section 810.

¶ 25     Does the defendant wish to show cause why he should not enter into the Peace Bond.

¶ 26     MR. PENNEY:  We do not wish to show cause, Your Honour.

¶ 27     THE COURT:  All right. Then given what you have admitted on your client's behalf, I am prepared to make an Order.

¶ 28     Mr. Jed C., I am ordering that your enter into a Recognizance in the amount of $500 with no deposit and no surety. It will be in force for a period of one year. The conditions of the Order, sir, of the Recognizance, are that you keep the peace and be of good behaviour, and that you have no contact, communication, or association, with Ally B., except with her written, revocable consent, to be filed — I am sorry, I do not have the details of the Division number and the police officer's name.

¶ 29     MS MAXWELL:  Yes. It can be filed with 52 Division, to the attention of Detective Leslie D., badge number 42**.

¶ 30     THE COURT:  If Ms Ally B. gives her consent, that consent is to be filed with 52 Division to the attention of Detective Leslie D.

¶ 31     Anything further?

¶ 32     MS MAXWELL:  Perhaps we could add "or designate" to that reporting in the event that Officer D. wants to delegate the receipt of this.

¶ 33     THE COURT:  All right. Or his designate. Thank you.

¶ 34     MS MAXWELL:  Thank you.

¶ 35     THE COURT:  I understand you will be withdrawing the criminal charges upon the Recognizance being entered into.

¶ 36     MS MAXWELL:  Correct.

¶ 37     CLERK OF THE COURT:  Your Honour, Mr. Jed C. has signed the Peace Bond.

¶ 38     MS MAXWELL:  The charges can be marked withdrawn.

¶ 39     THE COURT:  Withdrawn at your request. Thank you.

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