Gene's Case — Criminal Harassment — Stayed

Client:  Gene A., Accused
Complainant:  Karlene R., neighbour
Charge:  criminal harassment (by watching)

Background:  Gene and Karlene were both blessed with beautiful 10-acre lots in the Guelph area. Unfortunately, the lots were next to one another. Gene and Karlene did not get along. The police got involved. Gene was charged with criminal harassment. Gene was not happy with the progress his lawyer was making in the case, so he hired me.

READ THE POLICE REPORT

Goals:  Gene wanted more than the charge withdrawn or dismissed. What he really wanted was to live in peace. He recognized that there were issues that needed to be addressed, and hoped to resolve them with Karlene in an amicable manner.

Strategy:  We had to come up with a solution. Gene had no plans to move, nor did Karlene. The Crown wasn't prepared to withdraw the charge unconditionally, so we started to prepare for trial time. We estimated the trial would take a week. I was wary of going to trial — Court-imposed solutions cannot bring peace to those who do not want it — so I visited Gene at his home to talk about mediation. Gene was hesitant but agreed to consider it. I wrote the Crown suggesting mediation. The Crown wasn't optimistic, but I eventually brought him around. After the Crown spoke with the complainant, the Crown asked if I would speak with the complainant. It was an uncommon request, yes, but I agreed because I felt I could create enough common ground to at least get the mediation started.

Results:  It was a go. Gene and Karlene met with the mediator with the stated goal of achieving and maintaining mutual respect for each other's privacy, person, and property. The mediator established sufficient common ground for Gene and Karlene to sign a one-year memorandum of understanding. When we returned to Court, the charge was stayed by the Crown. (A stay is essentially a freeze of the proceedings.) The stay became permanent after one year.

READ THE COURT TRANSCRIPT
READ GENE'S TESTIMONIAL