Crown:  K. Smyth, Office of the Crown Attorney, Barrie
Defence:  Craig Penney, Criminal Defence Lawyer, Toronto

¶ 1   MR PENNEY:  Good morning.

¶ 2   THE COURT:  So I understand from email correspondence yesterday that this matter is now set to resolve today?

¶ 3   CROWN:  Yes, Your Honour. It was scheduled just to address Your Honour before a 278 - 276 hearing that's been ongoing. My friend and I have had multiple discussions in the background. I should advise we've also spent months attempting to contact the complainant as well. We recently made contact, and she's made some of her thoughts clear about wanting to - not wanting to participate in this prosecution. In addition to some triable issues that became clear in the course of this application, it's the Crown's belief that a common law peace bond is the appropriate disposition in this case.

¶ 4   CROWN:  So I understand that that's how it will resolve today.

¶ 5   THE COURT:  Thank you. Mr. Penney, I take it that's agreeable to you and Mr. T.?

...

¶ 6   THE COURT:  I do find that I have jurisdiction in this case to order a common law peace bond. As I have said, we have been dealing with this matter for several months. I am quite aware of the factual background, or at least the allegations, and I am content that I have jurisdiction to make the order, and I will do that. So Mr. T., sir, I am going to order you into what is called a common law peace bond. It will be active for twelve months from today's date. There will be a $500 promise to pay. So that is money that you will retain unless and until you are alleged to breach any of these terms, in which case the Crown Attorney can seek to forfeit from you that $500. So it is your good and sufficient promise to me that you will keep the peace. And in addition, sir, you will not have any contact or communication, directly or indirectly, through any physical, electronic, or other means with Z.M. You will not attend within 100 metres of any place you know Z.M. to live or work or study or worship or frequent or otherwise know her to be. You will immediately delete and destroy any picture or video that you have of Z.M. That is to say that is in your possession or comes into your possession or control. You will delete and destroy any contact information that you have of Z.M. Again, that is in your possession or that comes into your possession or control. And you will delete and destroy any communications that you have with Z.M., again, that are currently in your possession or that come to be in your possession for any reason. Do you understand all those terms, sir?

¶ 7   M.T.:  Yes, Your Honour. I do.

¶ 8   THE COURT:  And again, I take it that is agreeable. You are entering to this bond voluntarily?

¶ 9   M.T.:  Yes.

¶ 10   THE COURT:  Okay, sir. So I will have the clerks prepare the materials. Given that you are appearing virtually, Mr. T., do we have your consent to sign the paperwork on your behalf?

¶ 11   M.T.:  Yes, Your Honour.

¶ 12   THE COURT:  Okay. Mr. Penney, if we can get your email address, we will ensure that the bond is emailed directly to you, and you can, of course, in turn, provide it to Mr. T. and Ms. Smyth, with respect to the criminal charges against Mr. T.?

¶ 13   CROWN:  Your Honour, given that I, I believe Mr. T. was arraigned, I would ask if the charges could be dismissed, please?

¶ 14   THE COURT:  Mr. Penney, is that agreeable?

¶ 15   MR PENNEY  Yes. It is, Your Honour.

¶ 16   THE COURT:  Okay. So with the consent of the defence, given that this gentleman was arraigned some months ago, the charges are dismissed.