Crown: M. Bloch, Assistant Crown Attorney, Toronto
Defence: Craig Penney, Ontario Criminal Law Lawyer, Toronto
¶ 1 CROWN: To the D.B. matter for Mr Penney, my colleague.
¶ 2 MR PENNEY: D.B., can you come forward please? Good, good afternoon, Your Honour. It's Penney, initial "C", for D.B. There are two criminal Informations before the Court, and there is also a sworn 810 Information. Are we ready to proceed?
¶ 3 CROWN: Yes.
¶ 4 MR PENNEY: Okay. I don't know if Your Honour wishes him to be arraigned?
¶ 5 THE COURT: Well, actually, I was going to ask you if your client wanted to have the charge read and wanted to show cause?
¶ 6 MR PENNEY: No, we do not need the Information to be read out. I explained to D.B. on the last day, in fact, in some detail what the Information means. We do not wish to show cause. He understands that, once Your Honour makes an Order, there are two factual findings. One is that this complainant had a fear as a result of D.B.'s actions; the second finding is that there's a reasonable basis for that fear. He understands that though this is not a criminal record, it is a judicial finding of those two facts and that, once Your Honour makes an Order, that is a judicial Order that must be obeyed as outlined in the Recognizance for the term that's specified.
¶ 7 THE COURT: All right. So...
¶ 8 MR PENNEY: Is that correct, D.B.?
¶ 9 D.B.: Yes.
¶ 10 THE COURT: Thank you. Mr Bloch, can you tell me the amount, duration, and terms of the Recognizance you're asking D.B. enter?
¶ 11 CROWN: Sure. The length of time being twelve months, without surety, without deposit, for a stated amount of $500. The terms are threefold: keep the peace and be of good behaviour; not to possess any weapons; and no contact or association, indirectly or directly, with the complainant.
¶ 12 THE COURT: All right. So D.B., are you willing to make a solemn promise to this Court for twelve months you'll keep the peace...
¶ 13 D.B.: Yes.
¶ 14 THE COURT: ...you won't possess any weapons, and you won't have any contact, directly or indirectly, with [the complainant]?
¶ 15 D.B.: The only question I have is the weapons thing. Does that just mean guns or something, because I have kitchen knives at home. I just wonder what that means.
¶ 16 THE COURT: Well, it usually means firearms, cross-bow, prohibited weapons or restricted weapon, those kinds of things. It also tends to be anything that could be used as a weapon under the Criminal Code, but, obviously, if you're using knives within your home that shouldn't be a problem.
¶ 17 D.B.: Okay.
¶ 18 THE COURT: Do you need to transport knives or anything or are those things kind of things for your work purposes?
¶ 19 D.B.: No.
¶ 20 THE COURT: Okay. Then, I don't think that that should be a problem for you, sir. And I'm sure Mr Penney's told you that you don't need to put any money down, but that you could lose the amount you've pledged if you don't abide by these terms.
¶ 21 D.B.: Okay.
¶ 22 THE COURT: All right. Then, I'll make the Order. Thank you. All right, I've signed the Order. I ask that be passed down to D.B. and Mr Penney to look at.
¶ 23 MR PENNEY: Do you want to step forward, D.B.?
¶ 24 CROWN: The peace bond having now been signed, I ask that the Criminal Code charges be withdrawn.
¶ 25 THE COURT: All right, the criminal charges against D.B. are withdrawn at the request of the Crown.
