Ontario Court of Justice

Date: 2018-07-11 Court File No.: Newmarket 16-07476

Between:

Her Majesty the Queen

— and —

Muhamet Kingji

Application to Vary Probation

In Chambers

Delivered: July 11, 2018

KENKEL J.:

[1] Mr. Kingji was convicted at trial of uttering a threat to cause bodily harm to a CAS worker.

[2] This probation order includes numerous terms that the probation officer must supervise. The terms are directed towards public safety and towards rehabilitation through counselling. Those terms are essential to the order as is probation's role in monitoring those conditions.

[3] Mr. Kingji's application provides no reasonable basis for a variation or termination of the order, particularly where it's alleged he's not complied with the probation order from November 20th, 2017 to March 29th, 2018. The Crown understandably does not consent. He may apply under s. 732.2(3) for an in-court hearing on the matter, however I emphasize that the reasons advanced here including not wanting to be on probation or finding reporting to probation inconvenient cannot lead to any change in the order.

July 11, 2018

Justice Joseph F. Kenkel