Lori Ruth Dubin

The accused was charged with criminal harassment contrary to section 264(2)(b) of the Criminal Code for repeatedly communicating with the complainant on or about March 29, 2013 and June 26, 2013, causing her to reasonably fear for her safety.

The complainant also sought a peace bond under section 810 of the Criminal Code.

The court found that while the accused's conduct was improper and spiteful, the Crown failed to prove the criminal harassment charge beyond a reasonable doubt.

However, the court found on a balance of probabilities that the complainant had reasonable grounds to fear personal injury and ordered the accused to enter into a recognizance for 12 months with conditions including no contact with the complainant and a requirement to keep the peace and be of good behaviour.

The accused was charged with driving while over 80 milligrams of alcohol.

The sole issue was whether police violated the accused's right to counsel by failing to advise him of his rights in Mandarin.

The accused, a Mandarin speaker with limited English proficiency, was arrested for impaired driving.

Police read him his rights in English and later arranged for him to speak with duty counsel via phone with a Mandarin interpreter.

The court found no Charter breach, concluding that while special circumstances existed requiring police to take steps to ensure comprehension, the police adequately addressed this by providing access to a lawyer with interpreter services.

The court rejected the accused's credibility regarding his limited English comprehension and found he failed to exercise reasonable diligence by not informing officers of any communication difficulties.