(DRYDEN, ON) – 22-year-old Saige Fox appeared in a Thunder Bay court room this morning via telephone while in police custody at the Dryden Police Service station. She is facing numerous charges after being found in the backseat of a vehicle, alleged to be in possession of some drugs.
Her Worship, Justice of the Peace Anna Gibbons was presiding over bail court this morning. Federal Crown Attorney Misbah Haque, Provincial Crown Attorney Derrick “The Hammer” Silvestro and duty counsel lawyer Robert Habjan were also present. Fox is facing the following criminal charges:
- Possession of a substance banned under the CDSA (tramadol).
- Possession of a substance banned under the CDSA (hydromorphone).
- Obstruct police (false name).
Crown Attorney Haque informs the court that Fox is currently wanted by the Thunder Bay Police Service but the radius of that warrant precludes TBPS from making the arrest. That being said, he is also content to release Fox back into the community and cites that she has made every single one of her court dates previously. the Provincial Crown Attorney echoes the Federal Crown’s input. Crown Attorney Haque tells the court that Fox was found in the backseat of a vehicle with numerous pills and lied to officers about who she was.
Fox speaks to duty counsel in private, and upon her return to court Crown Attorney Haque starts to lay out the bail conditions he is seeking in order to consent to the release of Fox. Those conditions are:
- $50 non-deposit recognizance.
- Not to possess or consume any drugs banned under the CDSA unless medically prescribed.
- Remain in the district of Kenora.
- Reside in the 200 block of Pioneer Street in Dryden, Ontario.
- Notify police of any change of address within 24 hours.
The officer overseeing court at the Dryden Police Service detachment interjects and informs the court that the address provided by Fox, doesn’t exist. Fox objects and pushes on that the address does in fact exist and begins to describe in detail to the court where exactly it is. The Justice of the Peace modifies the condition proposed and changes it to “report your address within 24 hours of your release to the Dryden Police Service”. An additional condition is to report any change of her address to the Dryden Police Service within 24 hours. This seems to be satisfactory to everyone involved.
The Justice of the Peace reads out the condition that restricts her from possessing or consuming drugs banned under CDSA and asks duty counsel if that is a “safe and reasonable condition”. Habjan responds by asking for “no intoxicating substances out of the home”. Federal Crown Haque asks how that should be worded, and mentions how she should not be in possession of any drugs.
“The challenge that… we received some information actually from the Federal Crown that they are no longer asking for that particular condition if people are addicts because there is an increased chance of overdosing.” Justice of the Peace Anna Gibbons states.
“Certainly there is a clause in regards to that.” Federal Crown Haque responds.
“Well that’s what I’m asking here sir, is there an issue here if we impose that condition, will we put her at risk?” the Justice of the Peace said.
“Very briefly, I didn’t ask specifically but there was an indication that there is some substance abuse issues, your worship.” duty counsel Habjan tells the court.
“Ok, was it drugs, or was it alcohol?” Justice of the peace said.
“I would need to confirm that, my understanding is just substance abuse in general, your worship.” Habjan stated.
“I would suggest substances, including alcohol and drugs.” Federal Crown Haque tells the court.
“That’s the challenge that we have here when we set conditions, gentlemen. We may be putting someone’s health and safety in jeopardy here if we say no” Justice of the Peace states.
“I hear your comments your Worship, just “not to be intoxicated outside of the home”” Federal Crown Haque recommends.
Duty counsel and the Justice of the Peace agree and approve of this condition. Fox will not be found in breach of her bail conditions should she use drugs in her own home. Officers can come check on her and if she’s high, it’s ok, she won’t be arrested. A reason for this new condition by the courts is because numerous people will skip out of their home and get high in parks or trap houses, sometimes overdosing and dying. Sometimes their friends panic and will wait to call 911 if they overdose, as they know they are on conditions not to be under the influence of drugs. With this new condition, 911 can be called right away, increasing the chance of someone who has overdosed being saved.
It is already common in the Canadian justice system for people who struggle with alcohol to be allowed to consume alcohol within their own home, provided they do not leave the home with any alcohol still in their system.
Fox is released from jail and has been scheduled to return to court in Dryden on October 7th, 2019.