ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
HER MAJESTY THE QUEEN
– and –
WILLIAM COOK
Defendant
Cidalia Faria, for the Crown
Janice Johnson, for the Defendant
HEARD: March 3, 2014
b. p. o’marra j.
reasons for judgment
Introduction
1On March 3, 2014 I found the accused guilty after a trial of breach of a Long Term Supervision Order. It was alleged that between January 1, 2011 and March 9, 2011 inclusive, he breached the condition that he obey the law and keep the peace contrary to s. 753.3(1) of the Criminal Code of Canada. These are my reasons for judgment.
background
Background
2This single count was severed from a multi-count Indictment alleging the following:
Extortion of KH between January 1, 2011 and March 9, 2011 inclusive, contrary to s. 346 of the Criminal Code.
Criminal harassment of KH between March 6 and March 9, 2011 inclusive contrary to s. 264 of the Criminal Code.
Criminal harassment of KH on or about March 7, 2011 contrary to s. 264 of the Criminal Code.
Mischief to the property of KH on or about March 6, 2011 contrary to s. 430(4) of the Criminal Code.
3On November 20, 2013 a jury returned guilty verdicts on the two counts of Criminal Harassment and the Mischief count. The accused had testified at trial and the jury had been instructed in accord with R. v. W.D. 1991 93 (SCC), [1991] 1 S.C.R. 742.
the evidence
The Evidence
4Counsel agreed that on the trial of this severed count the evidence and verdicts from the jury trial would apply. The accused has been subject to a Long Term Supervision Order since November 22, 2006 with an expiry date of September 21, 2017.
5Chris Baumhauer is a parole officer with Correctional Services Canada. He assumed supervision of the accused on the Long Term Supervision Order as of August 26, 2010. He met the accused that day and reviewed the conditions set out therein. The accused was asked if he understood the conditions and whether he had any questions. He said that he understood and had no questions.
6On January 4, 2011 Mr. Baumhauer met again with the accused in regard to a change of address for Mr. Cook. That was approved and there were no other changes to the conditions.
7Exhibit 1 on this trial is a copy of the Long Term Supervision Certificate with a start date of November 22, 2006. This is a four-page document. Page 1 sets out “Special Conditions”. Page 4 sets out conditions that are deemed to be imposed in respect of any offender released on Long Term Supervision. Item (c) is “obey the law and keep the peace”.
8Chris Baumhauer signed the Certificate and dated it January 4, 2011. He testified that a copy of the Certificate was given to the accused but Mr. Cook refused to sign. There is a handwritten note by Mr. Baumhauer on the Certificate to this effect.
9In cross examination Mr. Baumhauer said that the accused refused to sign or initial the conditions based on legal advice related to an ongoing appeal.
10The accused did not testify or call any other evidence.
the law
The Law
11An offender who is subject to Long Term Supervision shall be supervised in the community in accordance with the Corrections and Conditional Release Act when the offender has finished serving his sentence.
Criminal Code, s. 753.2(1).
12Every offender who is required to be supervised by a Long Term Supervision Order is subject to the conditions prescribed by statute and regulation. Those conditions include that he obey the law and keep the peace.
Corrections and Conditional Release Act, s. 134.1 and related Regulations, r. 161(c).
analysis
Analysis
13The accused committed the crimes of Criminal Harassment and Mischief to Property while he was bound by terms of a Long Term Supervision Order. Therefore, he breached the terms to obey the law and keep the peace.
result
Result
14Guilty as charged.
B. P. O’Marra J.
Released: March 27, 2014
COURT FILE NO.: CR13100007420000
DATE: 20140327
ONTARIO
SUPERIOR COURT OF JUSTICE
HER MAJESTY THE QUEEN
– and –
WILLIAM COOK
Defendant
REASONS FOR JUDGMENT
B. P. O’Marra J.
Released: March 27, 2014