Crown: J. Sandler, Assistant Crown Attorney, Toronto
Defence: Craig Penney, Bail Hearing Lawyer, Toronto
¶ 1 MR PENNEY: Yes. Good morning, Your Worship. It's Penney, initial 'C', P-E-N-N-E-Y. In the body of the Court I have the proposed surety, Mr. K.B. I'm content that my friend give Your Worship a synopsis of the allegations.
¶ 2 CROWN: Yes, Your Worship. It's a reverse onus and the allegations are as follows. On Tuesday, June 5th, 2007, the accused was charged with communicating for the purpose of prostitution. He was released on an appearance notice. He was required to attend College Park Courthouse on July 23rd, 2007, in 505 Court. The accused failed to attend Court on that date and a bench warrant was issued for his arrest on July 23rd, 2007. On Thursday, December 2nd, 2010, at approximately 7:20 a.m., the accused turned himself in to 51 Division to deal with the outstanding charge. He was placed under arrest and held for a show cause hearing. The accused was asked why he did not attend Court and he was unable to provide a lawful explanation. So those are the allegations.
¶ 3 THE COURT: All right, thank you.
¶ 4 CROWN: Your Worship, by way of background, W.C. had no criminal record in effect. He received a conditional discharge in 2003 for a drug-related offence. So he comes before the Court in effect with no criminal record. Information from the Toronto Police Service is that he resides in Toronto. So in the circumstances, the Crown is content to consent to W.C.'s release to a surety in the amount of $1000. Terms of the bail being that he reside at an address approved of by his surety and attend Court as required.
¶ 5 MR PENNEY: Yes, I can add, Your Worship, that W.C., in fact, approached me yesterday about surrendering himself. So this is not a matter where he was found and arrested. He contacted me. I contacted 51 Division. I arranged to surrender him this morning. He wasn't in a good place in 2007. Right now, he's living with his proposed surety. He's the primary caregiver for his seven-year-old daughter. The surety and his wife are her maternal grandparents. He's estranged from but on good terms with the child's mother. He's on good terms with the maternal grandparents. The maternal grandfather is in the body of the Court now. I am seeking to have him named the surety. I can call him very briefly.
¶ 6 THE COURT: I do not think I need him called, counsel. But does he have — as long as you can give the Court the assurances you would expect.
¶ 7 MR PENNEY: Yes.
¶ 8 THE COURT: And as long as he has — does he have a driver's licence with photo ID and address?
¶ 9 MR PENNEY: Yes. I can report to Your Worship that he has his ID with him today, his driver's licence.
¶ 10 THE COURT: Mr Clerk would need that.
¶ 11 MR PENNEY: And I've reviewed myself, Your Worship, statements from both his bank and a statement dated from October from Edwards Jones, indicating that he has — I don't wish to disclose more than I have to — but well in excess of the $1000 that my friend and I are proposing as a sufficient amount.
¶ 12 THE COURT: All right. So he understands his obligations as a surety?
¶ 13 MR PENNEY: He understands his obligations. I reviewed them with him this morning. As well, I gave them to him last night in writing. I'll just repeat them now, Your Worship, for his benefit. He understands that he has financial obligations as stated on the bail in the amount of $1000; and he'll be financially responsible if W.C. doesn't show up in Court or breaches any of his conditions. He also understands that he has obligations with respect to W.C.'s behaviour, which really form three categories: 1) making sure W.C. shows up in Court or those Court dates are attended to by his lawyer; 2) making sure that W.C. behaves himself generally; and 3) ensuring that W.C. obeys the specific conditions that we're proposing to Your Worship today. I've reviewed all of that with him. He says that he's known W.C. for ten years. He lives with him. He's a good dad. He has absolutely no issues. He is earning an income right now. In fact, the surety views this whole process today as a very positive thing because W.C. is dealing with the one matter that's left unattended to in his life right now.
¶ 14 THE COURT: All right. Thank you. That was very complete. The only thing is, the surety understands that his $1000 is at risk?
¶ 15 MR PENNEY: Yes, he understands that, Your Worship.
¶ 16 THE COURT: W.C., Madam Crown has consented to your release.
¶ 17 CLIENT: Thank You.
¶ 18 THE COURT: The Court will name your father-in-law, K.B., as your surety in the amount of $1000 with no deposit. There is only one condition: reside at an address approved of by your surety. Now sir, the Court cautions you that if you disobey that condition or if you fail to attend Court at any time that you are required to, further criminal charges would follow for you, and your surety could lose $1000.
¶ 19 CLIENT: That's right.
¶ 20 THE COURT: All right. Sir, do you agree to obey those conditions?
¶ 19 CLIENT: Yes, I do.
Crown: S. Gray, Assistant Crown Attorney, Toronto
Defence: Craig Penney, Criminal Defence Lawyer, Toronto
¶ 1 CROWN: W.C. is the next matter.
¶ 2 DEFENCE: Good morning, Your Worship. My name is Padda, first initial M. I'm appearing on behalf of counsel Mr Penney, initial C. This is W.C. I have here for the Crown, the documents requested.
¶ 3 THE COURT: Thank you.
¶ 4 DEFENCE: I expect that the Crown will be asking for the charges to be withdrawn today.
¶ 5 CROWN: Thank you. Usually these are given in advance of the date so I'm not looking at them while I'm standing here. I have two options for counsel; I can either stay these charges so that so that I can check these, or I can put it over for another date and then withdraw them on that date, whichever counsel would prefer. I'm content to stay them.
¶ 6 DEFENCE: Okay, if we can stay them then, let's go with that.
¶ 7 CROWN: So, I'm going to be asking for the two charges against W.C. to be stayed.