(FORT WILLIAM FIRST NATION, ON) – On November 17th, 2019, a gas bar on Fort William First Nation (FWFN) fell victim to being broken into and having product stolen from the beloved store.
Allegations are that 44-year-old Mark Boucher broke into the store by smashing out the window on one of the front doors. He then went and stole a bunch of cigarettes before fleeing the scene. Officers with the FWFN detachment of the Nishnawbe-Aski Police Service (NAPS) started an investigation and as a result have arrested and detain Boucher.
Boucher appeared in a Thunder Bay courtroom this morning via video link from the Thunder Bay detachment of the Ontario Provincial Police. All NAPS matters in our area get held at this station. Justice of the Peace Bruce Leaman was presiding along with Crown Attorney Derrick “The HAMMER” Silvestro and two of the best duty counsel lawyer Emily Morris and Brennan Sacevich.
Boucher is facing the following charges:
- Theft under $5000 (cigarettes).
- Break and enter and commit the indictable offence of mischief (THP Gas Bar).
The Crown slams down his HAMMER and flat out refuses to consent to the release of Boucher today. He sternly tells the court that Boucher is not only in a reverse-onus situation, but that there are strong secondary ground concerns regarding his release today. A reverse-onus situation means that Boucher carries the burden of convincing the courts why he should be release. Secondary ground concerns means the Crown believes there is a substantial likelihood that Boucher will either re-offend or become a public safety concern, should he be released.
Further, the Crown keeps swinging the HAMMER at Boucher and informs the court that Boucher has outstanding warrants for his arrest based out of the Thunder Bay Police Service station. He puts forth the request that Boucher be held in jail and reappear in court on Tuesday so that those warrants can be executed. Court hears that the TBPS watch commander will have officers attend the Thunder Bay District Jail on Monday to execute those arrest warrants.
Duty counsel puts forth the request that the matter returns on Monday and pushes for the police to execute the warrant today or earlier Monday. The HAMMER comes out swinging and informs the court that the watch commander requested the matter return on Tuesday and that the Crown is entitled to push remands out by 3 days without consent of defence counsel. Silvestro keeps swinging and says that 3 days would put the unconsented remand to Wednesday if need be, legally, but that he is only demanding a Tuesday remand.
Justice of the Peace Bruce Leaman has his hands tied as the Crown can push matters back up to 3 days at their discretion. Boucher is ordered to remain in jail until at least Tuesday, when he is scheduled to reappear in a Thunder Bay courtroom for another shot at being released and a longer list of charges are expected to be presented in court.
Boucher is off to the Thunder Bay District Jail, where he will sit until at least Tuesday.