Aggravated Assault, Assault, Unlawfully in a Dwelling and more


(THUNDER BAY, ON) – This weekend’s W.A.S.H. (weekend and statutory holiday) court had a number of aggravated assault charges work their way through the criminal justice system. Today is no different as we have an adult appear, but still dealing with their youth matters.

The adult, who cannot be named as they are still covered under the Youth Criminal Justice Act, appeared in a Thunder Bay bail court via video while in custody at the Thunder Bay Police Service station located at 1200 Balmoral.

Her Worship, Justice of the Peace Jennifer Neill was presiding over the matters along with Crown Attorney A. Mason and a duty counsel lawyer Lianne Roberge. There is also the court clerk, court reporter, a Thunder Bay Police Service officer and myself.

The unnamed adult is facing two new charges stemming from a December 9th, 2018 incident. Those charges are:

  • Breach of bail condition (curfew 9:00 pm to 6:00 am)
  • Failure to comply with probation (keep the peace and be of good behaviour)

This person is also still sorting out their criminal charges from last year. They are still working through the criminal justice system and have yet to be disposed of. Those charges are:

  • Aggravated assault
  • Assault x2
  • Unlawfully in a dwelling house

The Criminal Code describes aggravated assault in section 268 as: Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.

Assault is a section 266 offence in the Criminal Code of Canada and reads as: Every one who commits an assault is guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years; or an offence punishable on summary conviction.

Unlawfully in a dwelling house is an offence under the Criminal Code of Canada and is defined as: Every person who, without lawful excuse, the proof of which lies on that person, enters or is in a dwelling-house with intent to commit an indictable offence in it is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.

The Crown tells the court that this person is in a “reverse-onus” situation by virtue of having been released on bail already and the allegations of having breached a bail condition. A “reverse-onus” situation means that the accused person will have to show the courts why they should be released. Further, the Crown tells the court that they have concerns on the secondary grounds. Secondary ground concerns indicate that the Crown believes that the accused may re-offend, become a public safety concern, interfere with the administration of justice, or any combination of the three.

When it comes to the idea of the accused being released today, the Crown states that they are not consenting to this persons release.

The Justice of the Peace asks the accused if they would like to speak with duty counsel, who is in the room and helps assist accused persons who have been arrested overnight. At this point, the accused person states “What for? What is she going to do for me?” and declines duty counsel, as they have a lawyer already representing them.

The accused is ordered held in jail and has a court date set for tomorrow by video in courtroom 104, where they will have another swing at getting released from jail.