Crown: T. Dimuzio, Office of the Crown Attorney, Toronto
Defence: Craig Penney, Criminal Defence Lawyer, Toronto
¶ 1 CROWN: Your Honour, I would like to speak now to the matter of D.G.
¶ 2 THE COURT: All right.
¶ 3 MR PENNEY: Yes, good morning, Your Honour. It's Penney, initial C., P-E-N-N-E-Y. D.G, could you make your way forward, please, and stand before Her Honour.
¶ 4 CROWN: Thank you. Your Honour, the situation with D.G's matter marked for trial this morning was this ... I had an opportunity to look at this matter in some detail and essentially without getting into all of the specifics, it's a charge of criminal harassment (communicate) where the thrust of the charge is based on D.G calling the Toronto Children's Aid Society making a complaint against the alleged victim in this matter.
¶ 5 It's alleged that he called the Children's Aid Society on more than one occasion to make a complaint. However, in the circumstances, Your Honour, it certainly would be difficult for the Crown to prove the complaints were completely baseless. It may have been a legitimate complaint which, ultimately, was looked into and found to not have any merit to it but I think the Crown would have had great difficulty in proving that the basis of the complaint amounts to a criminal harassment.
¶ 6 Therefore, in all the circumstances, Your Honour, the Crown has no reasonable prospect of conviction and I would be asking the charge be withdrawn. However, I understand D.G wishes to make a comment to the Court as well about what has happened.
¶ 7 THE COURT: That's fine. Was this a privately laid complaint or police laid?
¶ 8 CROWN: It was police laid.
¶ 9 THE COURT: It was police laid. Yes, D.G.
¶ 10 MR PENNEY: Yes, he wanted to address, Your Honour, just as a means of bringing some closure because there were some difficulties arising ...
¶ 11 THE COURT: He can certainly address me.
¶ 12 MR PENNEY: Okay.
¶ 13 THE COURT: Yes, go ahead.
¶ 14 CLIENT: Your Honour, I wish to state today that I have moved on from my past relationship with [the complainant]. I have no reason to be contacting her personally, professionally or otherwise and will not be contacting her or anyone associated with her about her ever again.
¶ 15 THE COURT: I am glad to hear that and the charge will be noted withdrawn.