Court File and Parties

Ontario Court of Justice

Date: 2019-10-08

Court File No.: Burlington 1211180 18 - 4496

Between:

Her Majesty the Queen

— and —

A.B.

Before: Justice G.P. Renwick

Heard on: 08 October 2019

Reasons for Judgment released on: 08 October 2019

Counsel

M. Carnegie — counsel for the Crown

V. David — counsel for the defendant A.B.

Judgment

RENWICK J.: (Orally)

[1] The Defendant is seeking to be absent from the start of his preliminary hearing. He has given instructions to his counsel to proceed in his absence. The Defendant resides in Ottawa and has had difficulty making arrangements with a surety or another person to attend, as is required by his current Judicial Interim Release Order.

[2] The Application to permit the Defendant to be absent from his preliminary hearing is unopposed. The prosecutor has at least one witness present and is in a position to proceed, today.

[3] It is anticipated that the defendant will appear at some point during the preliminary hearing which has been set for four days. Both counsel advise that they do not anticipate the preliminary taking all four days to complete.

[4] Subsection 537(1)(j.1) of the Criminal Code permits the preliminary hearing to proceed in the absence of the Defendant, upon his request, "on any conditions that the justice considers appropriate."

[5] I am content that the Order sought is appropriate in the following circumstances:

i. This is the defendant's request;

ii. It is unopposed;

iii. The Defendant lives outside of the jurisdiction and does not have access to a motor vehicle;

iv. The Defendant's bail order requires him to travel to the preliminary hearing with at least one other person and the Defendant has not arranged this to happen for today; and

v. The Defendant intends to appear for the remainder of his preliminary hearing after today.

[6] I am ordering that the Defendant is permitted to be absent from part of his preliminary hearing on the following conditions:

i. Counsel for the Defendant must undertake to regularly communicate with the Defendant;

ii. Those communications shall provide the Defendant with updates as to the status of the preliminary hearing and the substance of the proceedings; and

iii. Counsel for the Defendant shall seek regular instructions from his client throughout the course of the preliminary hearing while the Defendant is absent.

Released: 08 October 2019

Justice G. Paul Renwick