Toronto Criminal Lawyer

Traffic Narcotics — Toronto Criminal Defence Lawyer

Client:  C.R., Accused
Complainant:  Toronto Police Service
Charge:  conspiracy to traffic in narcotic

The Queen v. C.R.
Ontario Court of Justice, Toronto
Judge Khawly
(withdrawn: 7 November 2008)

Crown:   B. Nordin, Public Prosecution Service of Canada
Defence:  Craig Penney, Criminal Defence Lawyer, Canada

¶ 1   MR PENNEY:  I did check with the Clerk to confirm. Penney, initial "C," Your Honour, appearing by way of Designation which I'd like to file now. This is in Court for the first time. There is a first instance warrant, and ...

¶ 2   THE COURT:  So why is it in 112?

¶ 3   MR PENNEY:  The matter has been brought forward. I'll let my friend address that, Your Honour.

¶ 4   CROWN:  As soon as we heard that Mr. Penney was on, we immediately quaked and ran away. The Crown is requesting that the Information be withdrawn in its entirety.

¶ 5   MR PENNEY:  And as well, Madam Clerk, is the warrant for arrest with the Information?

¶ 6   CLERK:  Yes.

¶ 7   MR PENNEY:  Could that be rescinded, please?

¶ 8   CROWN:  Certainly, the Crown consents to that.

¶ 9   MR PENNEY:  Your Honour, I have a copy of the warrant that I got from the Clerk's office. She's out of the country and would like to travel back. I know it would take some time for it to be updated ...

¶ 10   THE COURT:  Maybe I didn't understand Mr. Nordin correctly. I thought Mr. Nordin said he's withdrawing the charge.

¶ 11   MR PENNEY:  Yes. I understand that, but I'm just concerned about the system being updated and her flying into the airport and being arrested and that taking some time to sort out. All I'm asking is that my copy of the warrant simply be endorsed that it's been rescinded so I can scan it and send to her so she can travel with it so she has proof of that.

¶ 12   THE COURT:  Well, we can certainly sign it for you, but we don't have any official stamps, or anything of that nature. You can put a date stamp on it, if you want, Madam Clerk, and I'll sign it, but ...

¶ 13   MR PENNEY:  Or, if   well, if Madam Clerk has the ...

¶ 14   THE COURT:  The best thing you can do is go up to room 156, I would suggest, and see what they can do for you there. They probably have official stamps and stuff.

¶ 15   MR PENNEY:  Madam ...

¶ 16   THE COURT: Not 156. I mean the police officer.