Crown: M. Brown, Office of the Crown Attorney, Toronto
Defence: Craig Penney, Child Pornography and Computer Crimes Lawyer
¶ 1 CROWN: Your Honour, the Crown in this matter is going to be entering a stay.
¶ 2 THE COURT: No problem.
¶ 3 CROWN: We do...
¶ 4 THE COURT: That's their choice.
¶ 5 CROWN: ... need — yes. We do need ...
¶ 6 THE COURT: On all the charges?
¶ 7 CROWN: Yes, on all the charges. And we do need an order in relation to the return of property signed ...
¶ 8 THE COURT: What kind of order?
¶ 9 CROWN: Under section 490. There were numerous items seized.
¶ 10 THE COURT: Yes, I see that.
¶ 11 CROWN: And Mr. ...
¶ 12 THE COURT: So do you have an here written out?
¶ 13 CROWN: Yeah.
¶ 14 MR PENNEY: Yeah, there's two, two original copies before Your Honour now with the original 490(1) Order, Your Honour. And as well this is an Order under 490(9) on my application under 490(7).
¶ 15 THE COURT: Where do I sign this? Thank you.
¶ 16 MR PENNEY: And while Your Honour's doing that I received some CD-Roms and DVDs that pursuant to my undertaking I'm turning that over to my friend now.
¶ 17 THE COURT: Now, your client understands of course that charges stayed really means that everything is frozen for a period of year.
¶ 18 MR PENNEY: That's correct.
¶ 19 THE COURT: They're not disappearing. They're basically just frozen solid and if, if anything happens, the Crown has a statutory right to revive things at the snap of a finger; that's how a stay works
¶ 20 MR PENNEY: Yes.
¶ 21 THE COURT: So if there is no problem for a year, it will disappear and there is no criminal record in any way. I'm returning you the ...
¶ 22 MR PENNEY: ... two orders.
¶ 23 THE COURT: ... the file and I signed stayed at the request of the Crown and that's that on those charges. Thank you very much, sir.
¶ 24 MR PENNEY: Okay, thank you so much, Your Honour.