Court Information

Court: Ontario Court of Justice

Date: December 11, 2017

Court File No.: London 17-8134, 15-9152

Between:

Her Majesty the Queen

— AND —

Rami Abu-Yousef

Before: Justice A. Thomas McKay

Counsel:

• Mr. G. Fowler, counsel for the Crown
• Mr. J. Zegers, counsel for the defendant Rami Abu-Yousef

Heard: September 14, 16, 2016; January 23, May 16, 31, June 28, 29, and October 26, 2017

Reasons for Judgment Released: December 11, 2017

Introduction

[1] Mr. Abu-Yousef was originally charged with 13 offences arising out of the domestic relationship between him and Ms. Anderton. Early in the proceedings, the Crown withdrew four of the charges.

The Charges

[2] At the outset of the trial, it was alleged that Mr. Abu-Yousef committed the following offences:

1. Between February 1 and February 28, 2015, did make a visual recording of Ms. Anderton in circumstances that gave rise to a reasonable expectation of privacy contrary to section 162(5) of the Criminal Code;

2. Between December 15, 2014, and April 30, 2015, did commit an assault on Ms. Anderton contrary to section 266 of the Criminal Code;

3. Between December 15, 2014, and April 30, 2015, did commit an assault on Ms. Anderton contrary to section 266 of the Criminal Code;

4. Between January 1, 2015 and February 28, 2015 did commit an assault on Ms. Anderton contrary to section 266 of the Criminal Code;

5. Between December 15, 2014, and April 30, 2015, did commit an assault on Ms. Anderton with a weapon, specifically a knife, contrary to section 267(a) of the Criminal Code;

6. Between January 1, 2015 and April 30, 2015 did commit an assault on Ms. Anderton with a weapon, specifically a door, contrary to section 267(a) of the Criminal Code;

7. Between January 1, 2015 and April 30, 2015, did commit an assault on Ms. Anderton causing bodily harm contrary to section 267(b) of the Criminal Code; and

8. Between January 1, 2015 and April 30, 2015, did unlawfully confine Ms. Anderton contrary to section 279(2) of the Criminal Code.

[3] At the conclusion of the Crown's case, the Crown indicated that, with respect to the common assault allegations, it would simply proceed on one count of common assault encompassing the entire time frame. Accordingly, the Crown invited the court to enter not guilty findings with respect to the remaining common assault counts. The Crown took the position that the voyeurism charge was not made out, and invited the court to acquit on that charge.

[4] Accordingly, the court must now determine whether the Crown has proven beyond a reasonable doubt the remaining counts, specifically:

1. One count of common assault encompassing the period from December 15, 2014 and April 30, 2015;

2. One count of assault with a weapon, specifically a knife, alleged to have occurred between December 15, 2014, and April 30, 2015;

3. One count of assault with a weapon, specifically a door, alleged to have occurred between January 1, 2015, and April 30, 2015; and

4. One count of assault causing bodily harm alleged to have occurred between January 1, 2015 and April 30, 2015;

5. One count of unlawful confinement alleged to have occurred between January 1, 2015 and April 30, 2015.

Evidence

Katie Anderton

[5] Ms. Anderton was born May 28, 1997. She met Mr. Abu-Yousef in 2012 or 2013 when Mr. Abu-Yousef sold cannabis to the young man who was her boyfriend at the time. At that time, she knew Mr. Abu-Yousef by the name Rami Bazzo. She bought cannabis from him for a period of approximately one year before the nature of their relationship changed. Shortly after they met, Mr. Abu-Yousef broke up with his girlfriend and began talking to her saying that she should break up with her boyfriend and start seeing him. She was 15 or 16 years of age at the time. He was 32 years of age at the time. Mr. Abu-Yousef said that he was interested in her, and that she should be dating a man, not a little boy. In approximately March 2014, she was persuaded to break up with her boyfriend. She was 16 at that time, turning 17 in May 2014.

[6] In March of 2014, she had been living with her mother, and dating Mr. Abu-Yousef. Early in their relationship, Mr. Abu-Yousef would tell her that her mom would not agree to the two of them being together, so she should not let her mother get into her head. Her mother did try to discourage the relationship, but she believed Mr. Abu-Yousef. At some point during the month of March and 2014, she went to Mr. Bazzo's house to hang out. Mr. Bazzo lived with his parents. At that point they had been in a dating relationship for three or four weeks. Mr. Bazzo did not want her to leave and did not see why she would leave, so she agreed to stay there. They lived in Mr. Abu-Yousef's bedroom in the basement of the house. She did not go upstairs to the main floor very often, usually just for meals. For the most part, she spent her time in the basement bedroom.

[7] Once she began residing with him, Mr. Abu-Yousef was reluctant to let her speak with her family members. If her mother telephoned her, he would become angry, interrogate her and push her around. He would call her names like bitch, chicken head, fat, disgusting, and immature if she wanted to speak with her mother or other family members. During the period from March 2014 to December 2014, she only spoke with her mother on three or four occasions. Often, if her mother called, he would indicate that she was sleeping or in the shower. Ms. Anderton did not have a phone. Mr. Abu-Yousef indicated that she did not need a phone or Internet access. She told him that she wanted a phone. His response was to insist that access to devices like that would end the relationship and that if she needed that type of access she was probably a whore who was already cheating on him. He told her that if she wanted email access, it had to be on his phone so that he could monitor it.

[8] During the period from March to December in 2014, Ms. Anderton was neither attending school nor working. She was registered in an alternative education program. However, Mr. Abu-Yousef indicated that she could not attend that program to meet with her teacher because it was strange that her teacher was a male who met her outside of normal school classes. She wanted to finish high school, but did not want to fight with Mr. Abu-Yousef. She was intimidated by him. She wanted to work during that time frame. Mr. Abu-Yousef indicated that he would prepare a resume for her, but he always came up with a reason why she could not apply for any specific jobs. He only wanted her to apply for jobs where he had friends working. As the relationship progressed, he began grabbing her, yelling at her, twisting her arm and pinching her when he was displeased with her. During this time period, Mr. Abu-Yousef was not employed. He received some type of insurance payment every month.

[9] After they began residing together, Mr. Abu-Yousef indicated to her that she had to take his prescription medication, lorazepam, in order to calm down and not be so hyper. In addition, he would give her both cannabis and cocaine to manipulate her behaviour. He gave her cannabis almost daily and cocaine every couple of months. At that point, he was still selling cannabis. If he left the house, she had to go with him and she saw him involved in cannabis transactions.

[10] In December 2014, they moved from Mr. Abu-Yousef's family's house to a two bedroom apartment nearby his parent's residence. Mr. Abu-Yousef wanted them to have a private relationship in their own place. At this point, she rarely had any contact with her mother. She had essentially given up on having contact with her mother because she was sick of being scared to ask Mr. Abu-Yousef. When she did, he would scream at her and hold her down. After they moved into the apartment, she indicated that the Abu-Yousef's against her escalated to what she described as "full on attacks". For example, if she asked him why he was not nice to her anymore, that would provoke an attack.

[11] Ms. Anderton maintained that she did not have access to her own phone. She testified that the first full out attack on her occurred while they were still residing at Mr. Abu-Yousef's mother's residence shortly after her 16th birthday. Her brother had given her a cell phone as a gift. That provoked an argument. Mr. Abu-Yousef insisted that she return the phone to her brother. He pushed her to the floor and gave her a fat lip, telling her that there was no way that she was going to talk to her family secretly. The next day, he told her what to write in the letter to her family. She wrote the letter as directed, and he drove her to her mother's house, where she dropped off the phone and the letter.

[12] The first full on attack at the apartment took place within two days of their moving in. She recalls that she was crying, and that had annoyed Mr. Abu-Yousef. He backed her into the front door of the apartment, screaming at her, and struck her in the face and all over her body. He put her on the floor and kicked her and held her down. He kicked her in the stomach and back, and dragged her around the apartment. These types of attacks happen so often that it is difficult to isolate particular incidents. She cannot really say that she has a specific memory of everything that happened during the first attack, because the attacks were all so similar. She indicated that it took place around New Year's Eve and described it as her first non-regular beating. Regular beatings took place virtually every day or every other day for the first couple of weeks that they lived in the apartment.

[13] Ms. Anderton testified that she never hit Mr. Abu-Yousef, and never started the physical altercation with him. She was never beaten outside of their apartment. Virtually every day, Mr. Abu-Yousef would give her lorazepam and cannabis. He would beat her if he did not like what she said, or if she was not in the same room as him when he woke up.

[14] On New Year's Eve in 2014, she consumed shots of vodka provided by Mr. Abu-Yousef. He also provided her with lorazepam. She felt really sick and dizzy and was unable to walk. She woke up the following morning in the shower with water running. She got out of the bathroom and saw Mr. Abu-Yousef sleeping. He woke up, he indicated that she was really drunk the prior evening. He described her as high as a maggot, and disgusting. He told her that he had sex with her the prior evening and filmed her on the floor with him having sex with her. He then showed her parts of the video. It showed her on her stomach on the bathroom floor with no pants on. She could not recall if she had a shirt or underwear on. She was essentially too angry to remember exactly what she saw in the video. She did not see him in the video but could hear his voice saying things like look at Katie, really wasted, etc. She thinks that she had a tank top on, but nothing on from the waist down, but is not positive that. The video was recorded on Mr. Abu-Yousef's cell phone.

[15] After she saw the video, she told Mr. Abu-Yousef that he had no right to take a video of her in that state. She recalled being dragged from the living room to the bathroom. Mr. Abu-Yousef put his foot on her neck. She was screaming with her mouth open and he spit in her mouth nine or 10 times. For part of the episode, he held her face. This lasted for approximately 10 to 15 minutes, and then he began kicking and hitting her. She was kicked multiple times in the head. She is pretty sure that she became unconscious. She recalls coming to in another room with Mr. Abu-Yousef holding her in his arms as if she was dead. Mr. Abu-Yousef was on the phone freaking out. She had pain in her diaphragm, but he would not let her go to the doctor. She had been kicked or punched in the stomach a couple of times that day. She had also been punched. She had bruising on her back.

[16] Ms. Anderton described two occasions in February and March 2015 when Mr. Abu-Yousef gave her a black eye. The February event began in the bedroom. She had been upset and crying and that annoyed Mr. Abu-Yousef. He dragged her from the room and pushed her by the shoulders to the floor. He began kicking her in the head and facial area, and the upper torso. She was crying and begging for him to stop, he was telling her to shut up. She was dragged for about two metres by her hair. The incident went on for a lengthy period of time, perhaps a half an hour before it ended with Mr. Abu-Yousef walking away. She retreated and hid in the closet. She had bruises to her arms and the back of her shoulders.

[17] The March incident began the same way. Mr. Abu-Yousef was angry because she was upset and distraught. He ran at her and grabbed her and pulled her to the floor. He had one hand on her hair and used the other hand to punch her and he also kicked her. It went on for approximately 10 minutes with her attempting to cover her face. He eventually stopped and walked away. This incident occurred two or three days before her mother's birthday, which is March 4.

[18] These types of assaults happened frequently. She was assaulted almost daily. At times when Mr. Abu-Yousef would attempt to kick her, she would try to grab his legs.

[19] Ms. Anderton also testified that Mr. Abu-Yousef had three dogs. When he was physically abusive to her, the dogs would follow his lead and would attempt to get her, run around her and bite her clothing.

[20] On one occasion, in April 2015, she was threatened by Mr. Abu-Yousef with a knife. They were in the kitchen and she mentioned Mr. Abu-Yousef's abusive behaviour, indicating that it was unfair that she had to be afraid of him. He became angry and told her that she should be afraid, pushing her against the kitchen counter and putting the blade of the knife to her throat. He also told her that she needed to start listening. The knife had been in his reach when she made the comment. The incident ended with him pushing her out of his way, and going into the living room.

[21] She recalled another incident which occurred between December 2014 and April 2015. Mr. Abu-Yousef grabbed her and dragged her through a double door in the apartment throwing her up against the door. She fell to the floor and was dragged through the doors by Mr. Abu-Yousef. Her legs hit the door and broke the trim and the lock mechanism of the door. She suffered some bruising.

[22] Ms. Anderton was shown photos taken by the London police service on June 19, 2015. She testified that one photo showed a scar on her forehead which is a result of Mr. Abu-Yousef striking her and his ring cutting her when he did so. After the incident where she was cut by his ring, he was more careful not to hit her face. He indicated that he would hit her in the "fatty areas" to avoid bleeding and scarring.

[23] She was also shown a photo of the area between her breasts. She testified that the mark visible in the photo was a scar which was the result of a burn. Her evidence was that on an occasion, she brought up the scar on her forehead left by his ring. Mr. Abu-Yousef indicated that he was "going to put a scar on her boobs" so that if she ever left him, whoever she was with would have to look at it. He took a lit cigarette and shoved it down her top between her breasts.

[24] Her recollection was that from January 2015 until March 2015 she was assaulted frequently, almost every day. The frequency of the assaults began to decrease in March. Mr. Abu-Yousef indicated that her family could not see bruising on her or they would want her to charge him and leave him. She could not specifically recall being assaulted after her mother's birthday on March 4, 2015.

[25] Even when the assaults decreased in frequency, she did not leave the apartment. In terms of her state of mind, she assumed that she was not being assaulted anymore because Mr. Abu-Yousef was afraid that she would go to the police and have him charged. She was afraid that if she left him, he would harm her family. He made threats that he would have people go after her and her family. He frequently said things like that, saying that if she left him her life would be hell.

[26] On one occasion in April 2015, she was putting her belongings together so that she could leave the residence quickly if she needed to. He saw her doing that by the hallway closet and told her that she was not leaving. Mr. Abu-Yousef backed her into the bedroom and indicated that he could tell she was packing. In order to avoid a confrontation, she indicated that she was not leaving. He indicated that she was lying. She promised that she would not try to leave. He told her that she had to stay in the bedroom. She remained in the bedroom for approximately half an hour, and then went out to the living to join him. He did not say anything further about her.

[27] She also testified that she recalled multiple occasions between January and February 2015 where Mr. Abu-Yousef assaulted her and dragged her until she was positioned between the door and the door frame, and then slammed the door on her head.

[28] Ms. Anderton testified that during the period from December 2014 to April 2015, she did not see her siblings. Her mother stopped by the apartment briefly to drop off Christmas presents in December 2015, and to show her newly born nephew. During the period from December 2014 to April 2015, she had bruising on her body, but not on her face. She felt that she was not allowed to see anyone during that time frame because if anyone called Mr. Abu-Yousef in order to speak to her about getting together, he would get angry. The only time that she left the apartment without Mr. Abu-Yousef was when he told her to walk the dogs. On those occasions, he would tell her what time she needed to be home. She did not feel free to speak to other people, because Mr. Abu-Yousef would question her about it.

[29] She believes that it was her family who eventually called the police because they were suspicious of what was happening in the relationship. She never called the police. From her recollection, she is fairly certain that the police attended at the residence in April 2015 to speak with her. They asked her to step out to speak with them but she did not want to because Mr. Abu-Yousef was behind the door. She declined speaking further with the police. She wanted to contact the police but had been convinced by Mr. Abu-Yousef that anyone who would call the police was pathetic and that if she called the police he would send someone after her. At one point in either late April or early May 2015, she briefly moved out and into a woman's shelter.

[30] The cross-examination of Ms. Anderton took place over five days of court time. It was extremely detailed.

[31] Ms. Anderton maintained that she had never consciously planned to move in Mr. Abu-Yousef's parent's home with him. She went there to hang out with him and he simply did not take her home. He manipulated her into staying there. When she raised returning to her mother's home, Mr. Abu-Yousef told her that there was so much wrong with her that he could fix and that he could hold her because he had been watching her. Shortly after she began residing there, her mother sold her house. Mr. Abu-Yousef made it clear to her that she needed to have some contact with her family so that they did not think he was keeping her from them.

[32] While living at Mr. Abu-Yousef's parents' home, they resided in the basement. He would often bring her meals downstairs, although she did also eat upstairs with his parents and socialize, mainly with his mother. For the most part, she only went upstairs when Mr. Abu-Yousef was with her. She attended all of his medical appointments with him.

[33] The relationship between Mr. Abu-Yousef and her mother was poor; her mother disapproved of Mr. Abu-Yousef for a number of reasons, including their age difference. Mr. Abu-Yousef was extremely controlling. If her mother contacted her she had to do so by telephoning Mr. Abu-Yousef's cell phone. Her perception was that if her mother telephoned her, she essentially spoke to her mother under Mr. Abu-Yousef's supervision. He would interrogate her after calls, and at times punish or assault her after calls. If she indicated that she wanted to spend the night at her mother's house, Mr. Abu-Yousef would become outraged.

[34] As time went on when they were residing at Mr. Abu-Yousef's parent's residence, he began to get more violent. From the period of June through November of 2014, he was frequently violent with her. She was pushed, had her arm twisted and was kicked in the legs. She received a swollen lip sometime around her birthday; that was in connection with the gift of the cell phone from her brother.

[35] She did not particularly like to have meals with Mr. Abu-Yousef's family. Mr. Abu-Yousef's mother was nice to her. However, her perception was that Mr. Abu-Yousef's mother was aware of the violence being inflicted on her, and did nothing. Accordingly, she did not enjoy having meals with her. As the violence intensified, she was more reluctant to go upstairs to share time with Mr. Abu-Yousef's family. However, she did what he told her to do. While living with Mr. Abu-Yousef's parents, she had marks on her legs at times. Mr. Abu-Yousef was careful not to bruise her face.

[36] Ms. Anderton testified that the violence increased when they moved to their own apartment in December 2014. Interaction with Mr. Abu-Yousef's family was much less frequent once they moved to the apartment. They would visit his parents at their house, but Mr. Abu-Yousef's family did not frequent the apartment. Mr. Abu-Yousef manipulated her with his prescription medication. She was on the receiving end of violence almost daily. From December 2014 the end of February, 2015. She was often punched and kicked in her torso, legs and back of her head. Occasionally she was struck in the face. She was assaulted so frequently that she cannot recall each incident. Towards the end of the relationship in March and April 2015, the violence was less frequent. However, in that period of time, Mr. Abu-Yousef's behaviour became more unstable and strange and she was afraid that he would kill her.

[37] Ms. Anderton was cross-examined extensively on various photos and videos in which she appeared to be happy. She maintained that she had to appear happy and calm in all of those images or she would face more violence at the hands of Mr. Abu-Yousef. She maintained that she was only allowed access to computers and cell phones when Mr. Abu-Yousef permitted it, and that he would be close by so that he could monitor her communications. His phone and computer were password protected, and she did not know the password. Mr. Abu-Yousef encouraged her to communicate with her family under his supervision because that made him look good and made it look like she was happy.

[38] At various times, Mr. Abu-Yousef told her that he was an affiliate of the Hells Angels and that he did small drug trafficking jobs for them. He always used that purported connection to threaten and intimidate her. He would also control her by threatening her family's safety. For a long period of time, she did not leave the relationship because of his threats to harm her or her family.

[39] Ms. Anderton was cross-examined extensively on the various photos and videos and why none of the images showed her having any injuries such as bruising. Her response was that she often had bruising on her legs and torso, but Mr. Abu-Yousef did not photograph her injuries, and would not bring photographs to court which depicted her injuries. However, she also testified that the assaults did not always leave her visible injuries. Mr. Abu-Yousef was particularly careful about not bruising her face.

[40] Ms. Anderson was cross-examined on photo filed by the Crown which allegedly depicted a scar on her forehead which was caused by the ring worn by Mr. Abu-Yousef when he struck her. She agreed that the scar has significantly faded and that make-up minimizes its appearance. She was cross-examined with respect to the photo of the burn mark on her chest, but her direct evidence on that point was not shaken.

[41] Ms. Anderton was also extensively cross-examined on the events of the spring of 2015, when she left the relationship for a period of time to live with her sister, and subsequently returned to the relationship for a brief period of time. She agreed that she spoke with police in the interval, but testified that she was afraid to report the violence in the relationship, and simply told the police that she was frustrated because Mr. Abu-Yousef was ignoring her and accusing her of infidelity. She returned to the relationship because of Mr. Abu-Yousef's threats against her and her family. She had no intention of causing charges to be laid against Mr. Abu-Yousef, because she was frightened of him. When she eventually realized that he would not ever leave her alone, she went to the police and reported the violence.

[42] Near the end of the relationship in late spring of 2015, she was going through withdrawal symptoms because of the drugs provided to her by Mr. Abu-Yousef. She was behaving in a more unstable and erratic fashion and began to stick up for herself before Mr. Abu-Yousef more frequently. At that point, she thought that she was going to be subjected to violence anyway, so why not speak up. During that time frame, she had thoughts of suicide. However, she was still reluctant to leave the relationship because of the threats against her family made by Mr. Abu-Yousef.

Amy Anderton

[43] Amy Anderton is Katie Anderton's sister. She testified that as soon as Katie Anderton moved in with Mr. Abu-Yousef, Katie essentially stopped communicating with her family. They would receive calls from Mr. Abu-Yousef, who would put Katie on speakerphone.

[44] When she observed Katie, she often saw bruises on her legs. He appeared to always be covering up her body, wearing long sleeves and other clothing which covered her. During the time that Katie lived at Mr. Abu-Yousef's parents' home, she saw Katie on less than five occasions. If Mr. Abu-Yousef brought Katie to visit her family, he stayed with Katie for the duration of the visit. Mr. Abu-Yousef always had a cell phone, but she never had.

[45] In December 2014, Katie and Mr. Abu-Yousef moved into their apartment. After that, she saw Katie less and less frequently. When she saw Katie, she often had bruises on her arms or legs. The only occasion when she visited the apartment was to assist Katie in picking up her belongings the first time that Katie left the relationship in the spring of 2015. There was a confrontation with Mr. Abu-Yousef on that occasion. She also observed the burn mark on Katie's chest and a mark on her forehead in April of 2015.

Laura Cotterill

[46] Ms. Cotterill is Katie Anderton's mother. Katie lived with her at her home until approximately May 2014, when she began cohabiting with Mr. Abu-Yousef. After Katie began cohabiting with Mr. Abu-Yousef, she had very little contact with Katie. Katie did not have a cell phone. She would attempt to call Katie on Mr. Abu-Yousef's cell phone. Mr. Abu-Yousef would always answer. At times he would give the phone to Katie to speak, but she could often still hear Mr. Abu-Yousef in the background. Whenever she saw Katie in person, Mr. Abu-Yousef was present.

[47] She never observed any injuries on Katie, but she noted that Katie wore clothing that kept her "fairly covered". She told Mr. Abu-Yousef that Katie should be going to school or working, obtaining a driver's license and having a normal life. He would agree, but none of those things ever happened.

Kevin Kreibich

[48] Constable Kreibich is a member of LPS. On June 11, 2015, he was dispatched at 10:07 a.m. to locate Katie Anderton. Her family had called requesting that police check on her welfare. He spoke with Mr. Abu-Yousef on the phone, and spoke with Katie Anderton. Following that conversation, he attended at their apartment and spoke with Ms. Anderton in the hallway of the building area. Ms. Anderton questioned why police were involved. He saw no reason for further involvement.

Barbara Martin

[49] Constable Martin is a member of LPS and was dispatched to the same call along with Constable Kreibich. She was present when Constable Kreibich spoke with Katie Anderton. They left the scene and one hour later she returned to the scene with a different officer. They went to the apartment door and were allowed entry by Mr. Abu-Yousef. No one else was present.

Feirouz Bazzo

[50] Ms. Bazzo is Mr. Abu-Yousef's mother. She testified that Ms. Anderton lived in her home from the spring of 2014 until mid-December of that year. She testified that she liked Ms. Anderton and had a really good relationship with her. When asked for specifics, she indicated that she did not do much with Ms. Anderton, but that they made food together in the kitchen. She testified that Ms. Anderton stayed in the basement of the home, but came upstairs for meals. She testified that Ms. Anderton "lived like a princess" in her home. Sometime she spoke with Ms. Anderton, but they did not do much together. If the weather was nice, she would walk to the park with Ms. Anderton once a week. On three or four occasions they went to restaurants together. She was very busy with her own life during this time frame.

[51] Ms. Bazzo testified that she never observed any injuries on Ms. Anderton. Her evidence was that Ms. Anderton wore short sleeve shirts and shorts in the summer. She also testified that Ms. Anderton "always" had Mr. Abu-Yousef's cell phone. If Mr. Abu went out, he would leave his cell phone with Ms. Anderton. Most of the time that she telephoned her son's cell phone, Ms. Anderton would answer. She also testified that Ms. Anderton had access to their laptop and iPad.

[52] Ms. Bazzo also testified that when on the upper floor of their house, you can hear what is happening in the basement. She never heard anything unusual occurring in the basement. She also testified that she was unaware of the age difference between Ms. Anderton and her son. She still is unaware of Ms. Anderton's age. She also testified that on four or five occasions, Ms. Anderton left her residence. On one of those occasions, she stayed overnight at her mother's home because Mr. Abu was not feeling well.

[53] In mid-December, Mr. Abu-Yousef and Ms. Anderton moved to their own apartment. She would visit them at their apartment. When her other children came home for Christmas in 2014, Ms. Anderton was involved in the family celebrations.

[54] In cross-examination, Ms. Bazzo testified that she loved Ms. Anderton. She also indicated that she realized from the moment she met Ms. Anderton that something was wrong, something was weird. She did not know what, but she could neither interfere with nor ask about Ms. Anderton's life. She testified that Ms. Anderton was normal, but sometimes was happy, and sometimes angry. However, that was none of her business. She never asked Ms. Anderton if she had any problems.

[55] Ms. Bazzo gave inconsistent and contradictory evidence about how much time Ms. Anderton spent in the basement. When cross-examined about Ms. Anderton's age, she testified that she was told by her son and Ms. Anderton that Ms. Anderton was 18 years old. She also maintained her evidence that she never observed any injuries to Ms. Anderton. She testified that she was never angry with Ms. Anderton because she "didn't have anything to do with her".

[56] When cross-examined in relation to her evidence about his Anderton's emotional state, she testified that Ms. Anderton was not sad in her home, and was only sad when she returned from visiting her mother's home. She then indicated that she did not know anything about Ms. Anderton's emotional state. She then testified that Ms. Anderton was always happy.

Roland Bazzo

[57] Mr. Bazzo is the older brother of Mr. Abu-Yousef. During the timeframe that Ms. Anderton was living at his parent's home, he was living in Toronto. However, his family is very close and he would come to London to visit his parents an average of two times every 4 to 6 weeks. He would stay in one of the bedrooms in the basement when he did so. From his observations, Ms. Anderton came and went all of the house; everything appeared to be normal. He never asked about Ms. Anderton's age because he did not want to pry. He interacted with Ms. Anderton as part of the family group. The entire family treated her like a guest.

[58] Whenever he had the opportunity to observe Ms. Anderton, she appeared to be happy. She was always on her cell phone or an iPad. She had her own cell phone and iPad and did not have to borrow Mr. Abu-Yousef's devices. He was in London for a few days to celebrate Christmas of 2014. Everyone, including Ms. Anderton, appeared happy. He never saw any sign of injuries to Ms. Anderton.

[59] After his brother and Ms. Anderton moved to their apartment, he visited them there on three or four occasions. Ms. Anderton and his brother also visited him in Toronto several times. On one occasion he visited Kensington market. He indicated that on that occasion, "Katie was running around wanting things like a little Princess". During the entire time that Ms. Anderton was in a relationship with his brother, he never observed anything considered to be signs of abuse.

[60] In cross-examination he testified that after Ms. Anderton moved into his parents' home, he visited, he slept upstairs in order to give Ms. Anderton and his brother privacy. The only exception to that was when all of his siblings were home. He agreed that he was not close to Ms. Anderton, and not involved in her personal affairs. He did not try to learn anything about her personal life because he did not want to pry. Ms. Anderton never shared personal information with him and he would not expect someone to just open up to him for no reason. He agreed that he asked her nothing about her personal life.

Riad Bazzo

[61] Mr. Bazzo is Mr. Abu-Yousef's brother. During the relevant timeframe, he was living in Toronto, but he would visit his parents on holidays, birthdays, and occasionally on other days. He would stay in a bedroom in the basement of his parent's home when he visited. He met Ms. Anderton while she was living at his parent's residence. He indicated that they had a casual relationship, and that Ms. Anderton was very friendly. He was very comfortable with her and they had an automatic friendship because she was his brother's girlfriend. She was always welcomed at family events and dinners. However, he essentially minded his own business. He never discussed Ms. Anderton's age with anyone.

[62] Ms. Anderton appeared to enjoy being part of family functions. He never observed anything unusual about her. He saw her using a cell phone in an unrestricted fashion. He knew that she had a cell phone because he saw her carrying one. He recalled occasions when he saw Ms. Anderton's mother dropping her off at the house. He could not recall how often that happened or when he initially met her, he assumed that she was 18 or 19 years old, but he did not ask any questions of her which were personal in nature. In cross-examination, he agreed that he does ask friends questions which are personal. He indicated that his relationship with her was different than with his friends. Her age never came to his mind.

[63] He recalled that Ms. Anderton dressed in clothing according to season, "like any other girl". He recalled her in summertime clothing. At one point he indicated that typically she wore tank tops in the summer. At another point in his evidence, he indicated that he was not certain that he saw her tank top.

Anna Bazzo

[64] Ms. Bazzo is Mr. Abu-Yousef's sister. During the relevant timeframe, she was living in Toronto, but visited her parents in London approximately two weekends per month. If none of her siblings were visiting, she would sleep in the bedroom in the basement. When she met Ms. Anderton, she tried to get to know her. Ms. Anderton told her that she was 18 years of age. She had a civil respectful relationship with Ms. Anderton. They engaged in small talk and there was never tension between the two of them. Ms. Anderton and her brother spent a lot of time in the basement watching movies. They appeared to have a regular relationship and nothing stood out.

[65] Ms. Anderton was involved in the family's Christmas celebrations of 2014. After Ms. Anderton and her brother moved to their apartment, she visited them approximately once per month. Ms. Anderton was there one or two times, but most of the time she visited she was not there. She saw Ms. Anderton on her cell phone; she was always on one. She also observed Ms. Anderton using an iPad. Ms. Anderton never appeared fearful, anxious or depressed. She never observed any injuries to Ms. Anderton.

Applicable Legal Principles

[66] Our legal system requires triers of fact to weigh evidence and determine what weight it should be given. The believability of the evidence affects the weight assigned to it. When determining whether evidence is believable, the court must distinguish between the concepts of credibility and reliability. An evaluation of credibility is an assessment of the honesty of the witness. For example, if evidence suggests that a witness has a motive to mislead, has been corrupted or has discreditable character that will impact credibility. Reliability relates to the accuracy of the evidence. It involves an assessment of the witness's capacity to observe the events, to recall the events, and to understand questions posed in court and to communicate their observations accurately.

[67] The offence of unlawful confinement involves physically or coercively restraining an individual, contrary to their wishes, thereby depriving the person of the liberty of moving from one place to another. Confinement is an unlawful restriction on liberty for a significant period of time. The confinement does not have to be in one particular place and must be done with the intention to restrict the individual's freedom to move about. The offence under this subsection of the Criminal Code does not require proof of total physical restraint of the victim.

[68] The term "bodily harm" is defined in section 2 of Criminal Code. The term means any hurt or injury to a person that interferes with the health and comfort of the person and that is more than merely transient or trifling in nature.

Analysis

[69] The burden always remains upon the Crown to prove each element of an offence beyond a reasonable doubt.

[70] Ms. Anderton gave her evidence in a convincing and forthright manner. She was not shaken on the essential points of her evidence, despite cross-examination which consumed days. Much of the thrust of the cross-examination appeared to be an attempt to elicit facts which would support myths and stereotypes related to victims of domestic violence. For example, much of the cross-examination tended to focus on issues such as the following:

1. attempting to establish that her allegations were less believable because she did not immediately report the allegations to the police;

2. attempting to establish that her allegations were less believable because she remained in a relationship in which she was subjected to abuse; and

3. attempting to establish that her allegations were less believable because there were photos and videos taken during the course of the relationship in which she appeared to be happy.

[71] Appellate courts in this country have long held that these types of myths and stereotypes are groundless and have no place in determining credibility. There are no set rules as to how people who are victims of domestic violence should or will react.

[72] Amy Anderton was a witness who was attempting to be forthright. However, portions of her evidence were based upon her opinion of what was happening in the relationship, and accordingly will not be given any weight. However, I accept her evidence on the following points. After Ms. Anderton began living with Mr. Abu-Yousef, Amy Anderton saw very little of her sister. She also had very little communication with her by phone or computer. When she did see her sister, she observed bruises on her legs. I also accept that she observed the burn mark on Ms. Anderton's chest and a mark on her forehead in April 2015.

[73] I accept Ms. Cotterill's evidence that, after Ms. Anderton began living with Mr. Abu-Yousef, she had very limited contact with her daughter, either in person or by electronic communications. I accept her evidence that the when she tried to reach her daughter by telephone, she would have to call Mr. Abu-Yousef's cell phone, and that he would always answer.

[74] Constable Kreibich and Martin were called by the defence. Their evidence simply confirms that when they had contact with Ms. Anderton on June 11, 2015, she did not report any incidents of domestic violence to them.

[75] I find that in giving her evidence, Feirouz Bazzo was often evasive, and at times argumentative. Portions of her evidence were contradictory and inconsistent. Ms. Bazzo is clearly protective of her son. I find that her evidence is not credible.

[76] I have significant concerns about the reliability of the evidence of Roland Bazzo as well as concerns about his credibility. He testified in very general terms. It is difficult to believe that he would have had absolutely no interest in learning any personal information about Ms. Anderton, given that she was living with his brother at his parents' house. He only had occasional, superficial contact with Ms. Anderton. He was adamant that she had her own cell phone and was always using it or an iPad. That is contradicted by other evidence that I accept, and I reject his evidence on that point.

[77] Like his brother, Riad Bazzo's contact with Ms. Anderton was occasional, and superficial. Again, it is curious that he would have no interest in learning anything about her personal life given her relationship with his brother. His evidence that Ms. Anderton was always carrying a cell phone is contradicted by evidence that I accept, and I do not view his evidence on that point as being reliable.

[78] Anna Bazzo also had only occasional and superficial interactions with Ms. Anderton. I view Ms. Bazzo as attempting to be forthright in her evidence. However, I do not accept her evidence related to Ms. Anderton's cell phone and iPad use as reliable. Ms. Bazzo would have had no particular reason to pay attention to that issue on the occasions when she visited her parents' home. I do not accept her evidence on point.

[79] I found Ms. Anderton's evidence compelling and believable. She described a situation in which she entered into a relationship in which she was vulnerable from the start. She was 16 years of age and had no resources, financial or otherwise. I accept her evidence that she only had access to electronic devices when Mr. Abu-Yousef allowed it. She described a situation where she was isolated from her family and friends. From that moment on, she described a cycle of emotional and physical abuse which simply escalated as time went on. She explained her fear of Mr. Abu-Yousef and her reluctance to either leave the relationship or report the abuse to the police because of his threats to both her and her family. I accept that explanation.

[80] With respect to the defence emphasis on the photos and videos in which Ms. Anderton appeared happy, I find that they do not impact her credibility. Such are the dynamics of relationships, even dysfunctional ones, that at moments in time, people are happy. In addition, I accept her explanation that she had to appear happy in the photos and videos or she would be forced to deal with Mr. Abu-Yousef's anger as a result.

[81] The defence also placed great emphasis on the evidence given by Mr. Abu-Yousef's family members to the effect that they never observed injuries on Ms. Anderton. As indicated, I do not find the evidence of Feirouz Bazzo credible. The other members of the Bazzo family who testified at limited, sporadic opportunity to observe Ms. Anderton. I also have concerns about the reliability of their evidence. In addition, I accept Ms. Anderton's evidence that Mr. Abu-Yousef for the most part was careful not to leave marks on her face, and that most of the bruising she suffered was on her torso or legs. I accept her evidence that for the most part, she was able to and did cover the signs of that bruising with clothing.

[82] With respect to the assault allegations, I accept Ms. Anderton's evidence that she was assaulted by Mr. Abu-Yousef on many occasions during the period between December 15, 2014 and April 30, 2015. The assaults included being pushed, slapped, punched, kicked, spat on and dragged. I also accept her evidence that on one occasion when she raised the issue of his abusive behaviour, he became angry and held the knife to her throat. I also accept her evidence that on one occasion, Mr. Abu-Yousef intentionally struck her head with the door.

[83] With respect to the assault causing bodily harm allegation, I am satisfied that the Crown has proven beyond a reasonable doubt that Mr. Abu-Yousef intentionally shoved a lit cigarette down the front of Ms. Anderton's shirt and burned her chest area. I am satisfied that the burn injury which she received meets the threshold for bodily harm.

[84] With respect to the allegation of unlawful confinement, I am satisfied that at times during the relevant timeframe, Mr. Abu-Yousef used a combination of physical violence and threats to coerce Ms. Anderton, thereby restricting her liberty to move from place to place.

Conclusions

[85] There will be findings of guilt to one count of common assault, two counts of assault with a weapon, one count of assault causing bodily harm and one count of unlawful confinement.

Released: December 11, 2017

Signed: Justice A. Thomas McKay