Keifer's Case — Assault (domestic) — Withdrawn

Between
Her Majesty the Queen, and
Keifer G.

Ontario Court of Justice
Oshawa, Ontario
Judge Barnes

Withdrawn: 6 April 2005
(52 paras.)

¶ 1     MS OLVER:  Also, Your Honour, you have another trial, and that is an assault, Keifer G. Mr. Keifer G., please.

¶ 2     MR. PENNEY:  Yes, good morning, Your Honour. Penney, initial C. Mr. Keifer G., could you come forward, please?

¶ 3     MS OLVER:  And, Your Honour, the good news is that we have also resolved this matter. And I gave Madam Clerk an information. We are proceeding by a section 810 peace bond.

¶ 4     THE COURT:  Thank you. Mr. Penney?

¶ 5     MR. PENNEY:  Good morning, Your Honour. We're trying to shorten that long list.

¶ 6     THE COURT:  All right, you can proceed. I take it, sir, you've had a chance to speak to your lawyer?

¶ 7     MR. KEIFER G.:  I have.

¶ 8     THE COURT:  And you completely understand what a section 810 peace bond is?

¶ 9     MR. KEIFER G.:  Yes.

¶ 10     THE COURT:  You understand that by engaging in that peace bond, you are making some promises to the Court?

¶ 11     MR. KEIFER G.:  Yes, I do.

¶ 12     THE COURT:  All right.

¶ 13     MR. PENNEY:  I don't know if I can, but I would waive the reading and indicate to Your Honour that he doesn't wish to show cause. He understands that it is a Court order and that breaching the bond will have criminal consequences, and possibly financial consequences, as well, depending upon the amount of money Your Honour indicates is appropriate for this matter. It's 12 months, and my friend has the conditions already written out for the Clerk that she can indicate to Your Honour.

¶ 14     MS OLVER:  My preference is for the information to be read, Your Honour.

¶ 15     MR. PENNEY:  I'm content.

¶ 16     THE COURT:  All right.

¶ 17     MR. PENNEY:  I'm content.

¶ 18     CLERK OF THE COURT:  You are Keifer G.?

¶ 19     MR. KEIFER G.:  I am.

¶ 20     CLERK OF THE COURT:  This is the information of P.C. Ball of the Region of Durham, occupation police officer. The informant says that she has reasonable grounds to fear, and does fear, that Keifer G., herein after called the defendant, will cause personal injury to, or will damage the property of Melanie G. on account of a threat made on or about the 11th day of February, 2005, at the Town of Ajax, in the words, or to the effect following: that is to say, the defendant used assaultive behaviour towards the victim and therefore prays that the defendant may be ordered into a recognizance with or without sureties to keep the peace and be of good behaviour for a period not exceeding 12 months with the conditions fixed by the judge or justice, or committed to prison for a term not exceeding 12 months if he fails or refuse to enter into the recognizance, and the informant also says that she does not make this complaint from any malice or ill-will, but merely for the fear set out aforesaid pursuant to the Criminal Code, section 810.

¶ 21     Do you wish to show cause why you should not be bound over to keep the peace?

¶ 22     MR. PENNEY:  We do not wish to show cause.

¶ 23     MS OLVER:  Your Honour, the peace bond is for a period of 12 months, $500, no surety, no deposit, and basically this arose out of a domestic dispute. Ms G. is actually in the Court room here today with her lawyer, Mr. Pain. I had an opportunity to speak to Mr. Pain and Ms G., and, in fact, I certainly did have a conversation with Mr. Penney, the accused's lawyer.

¶ 24     Now, I can indicate that this domestic dispute was a verbal altercation that led to a physical altercation, but it was a push. Now, Ms G. indicated this was an isolated incidence. What I was pleased to hear this morning is that Mr. Keifer G. actually commenced counselling and completed a significant amount of sessions. I was provided with documentation by Mr. Penney on that matter.

¶ 25     The conditions that I'm suggesting for the peace bond are as follows: no contact or association direct or indirect with Melanie G. except with her written revocable consent, such consent or revocation to be provided to Mr. Tushar, T-U-S-H-A-R, Pain, P-A-I-N, barrister, or Craig Penney, barrister. Craig is spelt C-R-A-I-G, Penney, P-E-N-N-E-Y. Another condition, Your Honour, to continue marital counselling with Dr. Timothy Quek, Q-U-E-K, or his designate as directed by Dr. Timothy Quek, or his designate. Further,not to possess any weapons as defined by the Criminal Code, and, of course, we have the condition of keeping the peace and being of good behaviour. Mr Penney, are those all the conditions?

¶ 26     MR. PENNEY:  Yes, those conditions were reviewed in advance with Mr. Keifer G., Your Honour, and he understands the need for continuing counselling. I understand from him that a session has already been scheduled, in fact. Dr. Quek set up a session for tomorrow night for both of them in anticipation of either the matter being resolved today, or at least the bail being changed. So, they're going to be going to work at that right away, and I already have a signed consent from Mr. Keifer G. through her counsel.

¶ 27     THE COURT:  So, you're saying not to be in possession of any weapons as defined in the Criminal Code?

¶ 28     MS OLVER:  Yes.

¶ 29     THE COURT:  All right. Sir, please stand. You understand these conditions?

¶ 30     MR. KEIFER G.:  I do.

¶ 31     THE COURT:  And you understand, as I indicated, that you're making a promise that you're going to abide by certain conditions?

¶ 32     MR. KEIFER G.:  Yes, I do.

¶ 33     THE COURT:  The conditions will be enforced for a period of 12 months. There will be a $500 amount, a recognizance in the amount of $500, no deposit. You are to have no contact directly or indirectly, or no association directly or indirectly with Melanie G. except with her written revocable consent, and such consent is to be filed with either Mr. Tushar Pain, barrister, or Mr. Craig Penney, barrister. Do you want it either one, or both? Is it either?

¶ 34     MS OLVER:  So, she can have the options, Your Honour, I'd prefer both.

¶ 35     THE COURT:  Option, all right. Okay. you are to continue marital counselling with a Dr. Timothy Quek. Is it Quek, or how do you pronounce it?

¶ 36     MR. PENNEY:  It's Quek, Your Honour, Q-U-E-K.

¶ 37     THE COURT:  Quek?

¶ 38     MR. PENNEY:  Quek.

¶ 39     THE COURT:  Quek.

¶ 40     MR. PENNEY:  Q-U-E-K, thank you.

¶ 41     THE COURT:  A Dr. Timothy Quek, or his designate, and you are to continue such counselling as directed by Dr. Timothy Quek, or his designate. You are also not to be in possession of any weapons as defined in the Criminal Code. The safest thing to be is just don't possess any weapons. All right, anything else, counsel?

¶ 42     MS OLVER:  No, sir.

¶ 43     MR. PENNEY:  Not for me.

¶ 44     THE COURT:  Thank you.

¶ 45     MR. PENNEY:  The assault charge, Ms Olver?

¶ 46     MS OLVER:  To be withdrawn.

¶ 47     MR. PENNEY:  Thank you so much.

¶ 48     CLERK OF THE COURT:  And if counsel would please write out an address for Mr. Keifer G.

¶ 49     MR. PENNEY:  Yes, I'll provide that to you right now.

¶ 50     CLERK OF THE COURT:  Thank you. And when the paperwork is prepared, they will page your name down at the end of the hall and you can sign it down there.

¶ 51     MR. PENNEY:  I'll direct him accordingly.

¶ 52     CLERK OF THE COURT:  Thank you.

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