Court File and Parties

Ontario Court of Justice Date: 2024-12-03 Newmarket

Between: His Majesty The King — And — Martha Leibowitz

Sentencing Heard and Delivered: December 3, 2024.

Counsel: Ms. Esti Azizi, counsel for the Crown Ms. Martha Leibowitz, counsel for the defendant

Endorsement

[1] Ms. Leibowitz was released on an undertaking not to have contact with the property manager in her building. The release was in relation to a prior allegation of failing to comply with an undertaking with similar terms. That in turn was in relation to an earlier incident involving persons in the same building.

[2] Ms. Leibowitz is being sentenced for this offence only, but it is an aggravating factor that she committed this breach while on release for another breach. It’s also aggravating that this breach occurred less than two weeks after she was released.

[3] The breach was in the context of continual harassment as described by the building manager which included negative references about her ethnic origin and statements that persons from Albania are criminals. That’s the context to the statement in this incident about the building manager being a criminal. In final submissions Ms. Leibowitz mentioned that years ago Albania was a communist country as a further factor that reflected poorly on the property manager. The bias as to national and ethnic origin expressed in this incident is a significant aggravating factor – s 718.2(a)(i).

[4] The impact of this offence was significant. The property manager had to leave this workplace to avoid continued harassment.

[5] Ms. Leibowitz has no criminal record. She has not breached release conditions for the past year.

[6] I agree with the Crown that the aggravating circumstances in this case typically would require that a conviction be registered. However, given Ms. Leibowitz’s personal circumstances as shown during the trial and her age (71), and considering her lifetime of good conduct to this point, I find a discharge is not contrary to the public interest.

[7] I will grant you a conditional discharge and place you on probation for 12 months. In addition to the statutory conditions, you will be bound to:

• Keep the peace and be of good behaviour
• Report to probation today and thereafter as required
• Not possess any weapons as defined by the Criminal Code
• Have no contact directly or indirectly, including references on social media with (the complainant)
• Not attend within 100m of any place of residence or employment of (the complainant)

Delivered: December 3, 2024. Justice Joseph F. Kenkel