Toronto Criminal Lawyer

Mental Health Diversion — Toronto Criminal Defence Lawyer

Client:  S.M., Accused
Complainant:  a fellow university student
Charges:  assault (2x) and threaten death

The Queen v. S.M.
Ontario Court of Justice, Toronto
Judge Reinhardt
(withdrawn: 27 August 2013)

Crown:   K. Kirec, Office of the Crown Attorney, Toronto
Defence:  Craig Penney, Toronto Criminal Defense Attorney

¶ 1   CROWN:  Your Honour, Mr. M. has been working with us since February-ish of last year, and he's been in the Diversion Program with Ms Gabriel. He has been working diligently. He's in a position where he's hoping, I think, to get back to university, and there are things he needs to do, and the University and you are working that out in order for that to happen. So although he has done very, very well and we congratulate him for that, and I'm going to ask that the charges be withdrawn for successful completion of Mental Health Diversion ...

¶ 2   THE COURT:  Yes.

¶ 3   CROWN:  ... for him we know there are future pieces, and we encourage him to continue so that he will continue to be successful. There are some pieces he has to meet, and if he does the world is his oyster.

¶ 4   MR PENNEY:  Yes.

¶ 5   THE COURT:  Okay.

¶ 6   MR PENNEY:  Your Honour, if I may ...

¶ 7   THE COURT:  Yes, sure, of course.

¶ 8   MR PENNEY:  .. make a couple of comments. Mr. M. is here with his parents today, Mr. and Mrs. M., sitting in the back left. And I just want to ...

¶ 9   THE COURT:  Welcome, parents welcome, as well as to you.

¶ 10   MR PENNEY:  And I just want to impress upon Mr. M. that the Crown's decision today finalizes the criminal process, but he still must respect the decision of the University, and their restrictions in place with respect to his attendance ...

¶ 11   THE COURT:  Oh.

¶ 12   MR PENNEY:  ... on University grounds. He's aware of them. Those continue. My friend's decision just terminated the criminal process. The University has expressed a hope that they can get him back into class as a productive student, September 2014, and the ball is now in Mr. M.'s court to undertake some actions on his behalf, and to follow through with the referral that will be coming from his family physician.

¶ 13   THE COURT:  Okay, well you will have all of the challenges of school, but that will be a great chance for you, Mr. M. That sounds really good, really good. Okay so.

¶ 14   CLIENT:  Thank you, Your Honour.

¶ 15   THE COURT:  Congratulations.