Court of Appeal for Ontario

CITATION: R. v. Tremblay, 2011 ONCA 277

DATE: 20110407

DOCKET: C50223

Laskin, MacPherson and Sharpe JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Jean Guy Tremblay

Appellant

Counsel: P. Andras Schreck, for the appellant Deborah Krick, for the respondent

Heard: April 6, 2011

On appeal from the conviction entered on October 19, 2007 by Justice Andromache Karakatsanis of the Superior Court of Justice, sitting without a jury.

APPEAL BOOK ENDORSEMENT

[1] The appellant appeals his conviction for criminal harassment. He contends that the trial judge applied the wrong legal test for the accused’s mental state and that the evidence does not support a finding of the required mens rea. We do not accept the appellant’s contention.

[2] At para. 56 of her reasons, the trial judge stated the correct legal test for the mens rea component of the offence. And, reading her reasons as a whole we are satisfied that she applied the correct test. Moreover, the evidence fully supports her finding that the appellant’s conduct was reckless. The appellant spent nine hours at the used car lot owned by the complainant and her husband, even though he never intended to buy a car or try to get a job. He was obsessed with the complainant and was aware there was a risk his conduct harassed the complainant, yet he went ahead anyway.

[3] Accordingly, the appeal is dismissed.