ONTARIO

SUPERIOR COURT OF JUSTICE

COURT FILE NO.: CR-12-1660
DATE: 2012-05-23

B E T W E E N:

HER MAJESTY THE QUEEN

Jill Prenger, for the Crown

• and -

SHENG QIANG LI

In Person

Accused

HEARD: May 23, 2012

ENDORSEMENT

APPLICATION TO VARY BAIL CONDITIONS

Sproat J.

[ 1 ] Mr. Li was charged on December 3, 2011 with assaulting his wife. He was released on a recognizance requiring him to live with a surety and not have direct contact with his wife. He has been trying to vary the bail conditions since January 2012, to be able to return home pending his trial scheduled for June 15, 2012.

[ 2 ] Mr. Li’s wife has now suffered some type of mental health crisis and is hospitalized. As a result, the CAS has placed the two infant children in care temporarily.

[ 3 ] The court now has reliable evidence in the form of a letter, dated May 22, 2012, from a social worker at Trillium Health Centre that Mr. Li’s wife, with the assistance of a Mandarin interpreter, has indicated she wants Mr. Li to be able to live in the home pending his trial and that she does not fear for her safety if he is home.

[ 4 ] The broader context is that Mr. Li’s assault trial is in mid-June. I raised the point that, even if convicted, it is likely that Mr. Li would be permitted contact with his wife after conviction. Ms. Prenger agrees that, even if convicted, there will probably be a conditional discharge or suspended sentence. In a case of this nature, however, the Crown might ask that, as a form of probation, Mr. Li only reside with his wife with her written consent which she could revoke at any time.

[ 5 ] Ms. Prenger opposes any change in the bail terms today:

(a) A longer stay in hospital may benefit the wife as it will provide additional time to try to connect her with a Mandarin speaking family doctor and psychiatrist;

(b) The Crown has concerns about the history between Mr. Li and his wife, beyond the incident that is the subject of the charge against Mr. Li;

(c) Permitting the charge against Mr. Li to first be adjudicated will allow the trial judge, if Mr. Li is convicted, to attach conditions to Mr. Li, including the revocable consent provision I referred to; and

(d) There can be systemic pressures to release patients which may lead to the discounting of legitimate concerns related to the parties being reunited in the home.

[ 6 ] While the fact Ms. Wang speaks only Mandarin makes matters more difficult, the Trillium letter refers to a Mandarin interpreter or staff so that there will be some continuing ability to communicate between Ms. Wang and Trillium.

[ 7 ] I initially adjourned Mr. Li’s application to vary his bail to require him to take an anger management programme, which he has done. I think that it would facilitate planning for the family to resolve the issue of the bail conditions today. Efforts can and no doubt will still be made to find Mandarin speaking doctors.

[ 8 ] Further, my order obviously does not preclude the trial judge, if Mr. Li is convicted, of imposing whatever sentence, and whatever probationary terms are appropriate.

[ 9 ] Mr. Li has been in direct communication with the Trillium staff. Their obligation is to not discharge Ms. Wang to return home if that would be unsafe or ill-advised.

[ 10 ] I am, therefore, amending Mr. Li’s Recognizance of Bail to delete conditions 1 – 3 and 5 effective immediately. By doing so, Mr. Li will be able to return to the matrimonial home. If Trillium sees fit to discharge Ms. Wang, he will be able to reside there with her. If the CAS sees fit to return the children, they can be returned.

Justice John R. Sproat

Released: May 23, 2012

COURT FILE NO.: CR-12-1660

DATE: 2012-05-23

ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: HER MAJESTY THE QUEEN - and - SHENG QIANG LI Accused ENDORSEMENT APPLICATION TO VARY BAIL CONDITIONS Justice John R. Sproat

Released: May 23, 2012