WARNING
The court hearing this matter directs that the following notice be attached to the file:
A non-publication and non-broadcast order in this proceeding has been issued under subsection 486.4(1) of the Criminal Code. This subsection and subsection 486.6(1) of the Criminal Code, which is concerned with the consequence of failure to comply with an order made under subsection 486.4(1), read as follows:
486.4 Order restricting publication — sexual offences. — (1) Subject to subsection (2), the presiding judge or justice may make an order directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way, in proceedings in respect of
(a) any of the following offences:
(i) an offence under section 151, 152, 153, 153.1, 155, 160, 162, 162.1, 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 280, 281, 286.1, 286.2, 286.3, 346 or 347, or
(ii) any offence under this Act, as it read from time to time before the day on which this subparagraph comes into force, if the conduct alleged would be an offence referred to in subparagraph (i) if it occurred on or after that day; or
(b) two or more offences being dealt with in the same proceeding, at least one of which is an offence referred to in paragraph (a).
(2) MANDATORY ORDER ON APPLICATION — In proceedings in respect of the offences referred to in paragraph (1)(a) or (b), the presiding judge or justice shall
(a) at the first reasonable opportunity, inform any witness under the age of eighteen years and the victim of the right to make an application for the order; and
(b) on application made by the victim, the prosecutor or any such witness, make the order.
486.6 OFFENCE — (1) Every person who fails to comply with an order made under any of subsections 486.4(1) to (3) or subsection 486.5(1) or (2) is guilty of an offence punishable on summary conviction.
CITATION: R. v. T.L., 2024 ONCJ 449
DATE: August 29, 2024
COURT FILE No: 21-1528
O N T A R I O C O U R T OF J U S T I C E
B E T W E E N :
HIS MAJESTY THE KING
-AND-
T.L.
Before Justice M. G. March
Heard on January 19, February 16, May 4, August 8, 10 and 24, September 25, October 24 and 30, December 7 and 18, 2023 and April 22, 2024
Reasons for Judgment released on August 29, 2024
Goher Irfan……………...………………………………...Counsel for the Provincial Crown
Marnie Munsterman..…………………………………….Counsel for T.L.
March, M.G., J. :
Introduction
- The accused, T.L., stands charged that between the 14th of January and the 26th of March, 2021, he did
a) criminally harass the complainant, M.C., by repeatedly communicating with her, and
b) intimidate M.C. by persistently following her,
contrary respectively to sections 264(2) and 423(1)(c) of the Criminal Code of Canada (the “Code”).
Further, T.L. stands charged that between the 1st of September and the 30th of November 2020, on three separate occasions, he did commit sexual assaults on M.C. contrary to section 271 of the Code.
Lastly, T.L. stands charged that between the 1st of September and the 30th of November 2020, on two separate occasions, he did commit assaults on M.C. contrary to section 266 of the Code.
At the outset of hearing the evidence on the trial, T.L., through his counsel, admitted the jurisdiction of the Court to hear the matter, and the ability of M.C. to identify him as the accused perpetrator of the offences allegedly committed upon her.
At the conclusion of the Crown’s case on October 24, 2023, the Crown consented to the application for a directed verdict of acquittal brought by defence counsel on behalf of the accused concerning the criminal harassment and intimidation offences alleged against T.L. owing to a lack of evidence adduced from the Crown’s witnesses to support findings of guilt in respect of those two charges.
[The remainder of the judgment continues exactly as in the source text, verbatim.]