Ontario Court of Justice
Date: 2018-09-24 Court File No.: Newmarket 17-09868
Between:
HER MAJESTY THE QUEEN
— AND —
FARHAD ACHEKZAYEE
Ruling on Refusal to Sign 810 Peace Bond
Heard and Delivered: September 24, 2018
Counsel:
- Mr. Michael Holme, counsel for the Crown
- Mr. Farhad Achekzayee, appearing on his own behalf
KENKEL J.:
[1]
Background
Mr. Achekzayee was charged with threatening to cause bodily harm to Laleh Mehdizadeh Asiaban contrary to s. 264.1 of the Criminal Code. On February 16, 2018 two days were set for trial on a "with or without counsel" basis. Arrangements were made for a s. 486 counsel to assist the accused with the cross-examination of the complainant. On June 29th the matter was brought forward as the accused had retained a lawyer two weeks prior to the July 4th and 5th trial dates. New trial dates were not set and the matter was instead adjourned to July 19th, then August 31st, then to September 21st.
2On September 21st the accused appeared before Justice Bourque and defence counsel advised that Mr. Achekzayee was willing to enter into a s. 810 recognizance in relation to the complainant. The Crown was willing to withdraw the charge upon the recognizance being signed. I'm advised the court ordered a recognizance on consent on the new s. 810 information before the court.
3The matter appeared in 202 court today as the accused refused to sign the s. 810 recognizance. He advised the court that he never agreed to sign a peace bond and his counsel did not have those instructions. Justice Bourque is not available so I'm prepared to deal with the matter on his behalf with the consent of both parties. Mr. Achekzayee told the court that his lawyer Ms. Saadi told him she would no longer act for him so he's representing himself on this application. Both the applicant and the Crown ask the court for instruction as to what happens in these circumstances.
[4]
Analysis
If a person is brought before a court on a s. 810 information and the presiding justice is satisfied by evidence adduced that the complainant has reasonable grounds to fear for her or his safety, the court may order the defendant to enter into a recognizance to keep the peace for up to 12 months. If the accused refuses to enter into the recognizance the court may commit the defendant to prison for a term up to 12 months – s. 810(3.01).
5This recognizance was presented to the court as a consent order. The court did not hear evidence. Mr. Achekzayee advises he has things to say in relation to the original accusation and the request for a peace bond. He's not had a chance to give evidence or make submissions. In my view the s. 810(3.01) remedy would be inappropriate in these circumstances. The Crown agrees and suggests that the s. 810 order be struck.
[6]
Disposition
I will therefore rescind the s. 810 order. I understand the Crown will likely withdraw that information. We will adjourn the matter so that Mr. Achekzayee can obtain new counsel. The next date on the original information 17-09868 will be marked peremptory on the defendant to set a trial date with or without counsel. If he again finds himself without counsel trial dates should be set and s. 486 counsel should be appointed.
Delivered: September 24, 2018.
Justice Joseph F. Kenkel