The accused known as Y.C was arrested in Montreal under outstanding warrants in both Montreal and Ontario for violent crimes. This included animal cruelty, sexual assault, criminal harassment, common assault, assault with weapon, failure to comply with probation orders, forcible confinement, intimidation by violence, mischief, and uttering death threats. This case was to determine whether or not Y.C. should be released on bail.
The facts primarily focused on his past criminal history and some violent offences involving sexual assault and domestic violence, as well as law enforcement interactions to decide the case. Most recently, in August 2023 the accused was charged with new offences of a similar, violent nature in Ontario including assault with a weapon, multiple forcible confinements, uttering death threats, intimidation by threat of violence, mischief and animal cruelty. There were no facts provided regarding the nature of his animal cruelty offence. In addition, there are serious prior convictions. There are also three convictions for failing to comply with bail conditions, extensive drug use, and lack of stability in Y.C.’s life that would prevent re-offence. He even denied culpability of a previous conviction. Also completing none of the 150 community service hours mandated was elucidating. Multiple statements referred to Y.C. as temperamental or explosive.
The Court observed that Y.C., who operated under aliases N.C. and N.M., was a 32-year-old unemployed man with two children with different mothers but had custody of neither, and one of the sexual assault charges involved the mother of one of his children when she was 16. He also suffers from bipolar disorder, ADHD, depression, personality disorder, and PTSD. Regarding bail, the Court emphasized the sureties owes loyalty to the court, not to the accused. Although understandable, naivete or blind faith in the accused is problematic and it will generally undermine the Court’s confidence in a surety.
Looking at the primary ground, it was found that Y.C. had little regard for the justice system because of previous failures to appear at court, breaching probation orders, taking advantage of good will afforded by lying blatantly to the police and completing none of the mandated community service hours set out for them. The accused used fake names and birth dates when dealing with police, and the behaviour was “frankly unacceptable”. His uncooperative and evasive conduct lasted until the end. Given the flagrant and persistent track record of disregarding the justice system and willfully fleeing prosecution, the Court concluded that Y.C. could not be trusted to attend trial as required.
The sureties were considered unsuitable due to their own involvement in the justice system, and support for the accused. The Court ultimately detained Y.C. for failing to address the concerns raised under the primary and secondary grounds of s.515 (10), with the reverse onus being placed on Y.C.
https://canlii.ca/t/k2gn1