Crown: J. Macdonald, Office of the Crown Attorney, Guelph
Defence: Craig Penney, Criminal Defence Lawyer, Guelph
¶ 1 CROWN: Good morning again, Your Honour. Thank you very much for your indulgence this morning. It proved to be very fruitful. Mr. Penney and I were having discussions about resolving this matter. I have also been having several discussions with [the complainant], the complainant. We've reached a resolution that I think everyone is going to be satisfied with. If I could just call her, please as I'd like the complainant to be in court when this resolution happens.
¶ 2 THE COURT: Very well.
¶ 3 CROWN: Thank you.
¶ 4 MR PENNEY: While she's just coming in, Your Honour, I'll just identify myself for the record. Good morning. It' s Penney, initial C., P-E-N-N-E-Y, initial C.
¶ 5 CROWN: Thank you, Your Honour. She's now in court. There's a four count information before the Court. I advised Mr. Penney some months ago when I screened this that the Crown would only by proceeding with counts two and four. The other ones are outside of summary time and the Crown had made a decision not to proceed with those and proceed summarily.
¶ 6 Essentially, the allegations on counts two and four stem from incidents in March and April 2011, where [the complainant] was allegedly slapped and elbowed and kicked on two separate occasions at her residence and outside of her residence in a vehicle. I've had several discussions this morning with [the complainant] and Mr. Penney. The resolution that's being proposed is a section-810 peace bond. I think the outcome that we're trying to achieve here is to ensure that Mr. L. does not have any further contact with [the complainant] and that he not possess or distribute certain images that it came out that he was in possession of during the police investigation.
¶ 7 I understand that Mr. L. will be giving brief evidence and acknowledging the conditions while under oath. We've decided to do that because [the complainant] is particularly concerned with the images that we're dealing with and she's very fearful that they will be disseminated. So, I think with the conditions that we're proposing we can alleviate those concerns and the concerns with respect to any future contact, at least contact during the period of the bond. So what we're proposing is that the bond be for a period of 12 months, in the amount of $5OO, without deposit and without surety, and with conditions, obviously, that he keep the peace and be of good behaviour, that he have no contact or communication, directly or indirectly, with [the complainant]. No exceptions to that. Also, that Mr. L. not attend [the complainant]'s residence or place of employment. And the final condition, Your Honour, is that Mr. L. not possess or distribute any sexually explicit or nude images of [the complainant]. Those are the conditions being proposed. And perhaps I can turn things over to Mr. Penney and he'll address that particular condition with his client.
¶ 8 MR PENNEY: Your Honour, just to add to what my friend has already put before the Court, Mr. L. was arrested on the 31st of July 2011, and was released on a recognizance the next day, so he spent two days in custody as well. After he was charged, Your Honour, I arranged for him to attend some counselling. His defence at this trial would have been consent, in terms of the physical altercation that went on between him and the complainant. And in his defence I spotted, as counsel on his behalf, unhealthy aspects of this relationship that he needed to address on his own. So he did go for six sessions with a counsellor by the name of Timothy Quek, Q-U-E-K. And I showed my friend a three page report from Mr. Quek outlining Mr. L.'s therapy and recognition of more healthy ways of dealing with conflicts within relationships.
¶ 9 More specifically, Your Honour, these allegations came almost immediately upon the heels of Mr. L. sending the complainant an image from an intimate video that she thought he had destroyed. So with the relationship clearly being over, she understandably had concerns, one, about him retaining these images that she thought he had destroyed, and two, what he might do with those images. And sending her that image, although it was sent privately, it's a shot across the bow. It a control issue, and it led to her coming forward to the police and making other allegations. Even though that was a non-criminal act it's something that was causing her fear at the time and it's something that, frankly, she's concerned about today.
¶ 10 So that's why I'd like to call, Your Honour, just some brief evidence on the section-810 application. I'm going to ask Mr. L. if he's ever had those images and what's happened to them. Is he currently in possession? We want to give [the complainant], not just my representations to the Court and publicly that these images don't exist, but also Mr. L.'s evidence under oath so that [the complainant] knows that those images have been destroyed; and he's prepared to take the stand and testify to that. It's mainly, Your Honour, for her peace of mind.
¶ 11 THE COURT: Very well. He's otherwise admitting that she has reasonable grounds for apprehension?
¶ 12 MR PENNEY: Yes, we're not seeking to show cause, Your Honour.
¶ 13 THE COURT: Very well.
¶ 14 MR PENNEY: And we do have, Your Honour, with us today the benefit of a fully accredited Mandarin interpreter.
¶ 15 INTERPRETER: Good morning, Your Honour.
¶ 16 MR PENNEY: I don't need her sworn. I checked her credentials but I'm content if Your Honour does, of course. If you want to take the stand, please, Mr. L.
¶ 17 THE COURT: Swear them both.
¶ 18 MR PENNEY: Mr. L., I just have a few questions for you, please. I'm going to remind you that even though you know some English please wait for the interpreter to finish speaking in Mandarin before you answer. And before I ask those questions I want to give you one time reference point. You were arrested on the 31st of July 2011 and then you were released on a recognizance on the 1st of August.
¶ 19 MR PENNEY: I understand that in the past you had an intimate romantic relationship with [the complainant]?
¶ 20 CLIENT: Yes.
¶ 21 MR PENNEY: You have to say "yes" or "no" for the benefit of the court reporter, please.
¶ 22 CLIENT: Yes.
¶ 23 MR PENNEY: All right. And can you tell His Honour if at some point in the past you had images and/or videos of [the complainant] that were either nude or sexually explicit?
¶ 24 CLIENT: Yes.
¶ 25 MR PENNEY: Okay. And can you tell His Honour if you are presently in possession of any image or video of [the complainant] that is either sexually explicit or nude?
¶ 26 CLIENT: No.
¶ 27 MR PENNEY: Can you tell His Honour, please, what happened to the images that were in your possession in the past?
¶ 28 CLIENT: I deleted all of them.
¶ 29 MR PENNEY: Okay. I used the term images but I'm going to ask the same question with respect to videos as well.
¶ 30 CLIENT: Okay.
¶ 31 MR PENNEY: And the answer, please, concerning the videos?
¶ 32 CLIENT: Right now, I don't have any.
¶ 33 MR PENNEY: Okay. And what happened to them?
¶ 34 CLIENT: I deleted all of them.
¶ 35 MR PENNEY :When did you delete the images and videos, please?
¶ 36 CLIENT: After I was charged.
¶ 37 MR PENNEY: All right. Thank you, sir.
¶ 38 THE COURT: Any questions from the Crown?
¶ 39 CROWN: No, I don't. Thank you.
¶ 40 THE COURT: Thank you, sir. You can have a seat.
¶ 41 MR PENNEY: Your Honour, the conditions have been reviewed in advance with Mr. L. He's content to enter the bond, subject to any questions from Your Honour or submissions Your Honour requires on the conditions as indicated by my friend.
¶ 42 THE COURT: Very well. The bond will be prepared, Mr. L., and the terms will be for a period of 12 months. It will be $500, without deposit. You will not contact or communicate in any fashion, directly or indirectly, with [the complainant], nor will you attend her place of residence, her place of employment. You will not possess or distribute any sexually explicit or nude images of [the complainant]. You will keep the peace and be of good behaviour. Those are the terms?
¶ 43 CROWN: Yes, that's correct, Your Honour.
¶ 44 THE COURT: And are you prepared to abide by those terms, sir?
¶ 45 CLIENT: Yes.
¶ 46 THE COURT: You are so ordered to do so.
¶ 47 CROWN: The bond has been signed, Your Honour. The Crown would ask that the four counts before the Court be marked withdrawn, please.
¶ 48 THE COURT: They will be so noted.
¶ 49 CROWN: I would ask that [the complainant] just stay until I can provide her with a copy of the bond so she has all the conditions.
¶ 50 THE COURT: All charges have been withdrawn.
¶ 51 MR PENNEY: Thank you so much, Your Honour.