R. v. Draper, 2020 ONCJ 684

CITATION: R. v. Draper, 2020 ONCJ 684 DATE: November 12, 2020 Information No. 2811-998-20-35469-00 ONTARIO COURT OF JUSTICE HER MAJESTY THE QUEEN v. CHRISTIE L. DRAPER P R O C E E D I N G S BEFORE THE HONOURABLE JUSTICE G. WAKEFIELD on November 12, 2020 at OSHAWA, Ontario APPEARANCES : M. Hill Counsel for the Provincial Crown T. Joseph (Remotely) Counsel for Christie L. Draper R U L I N G WAKEFIELD, J. (Orally): On that basis then, I am indeed exercising my common law jurisdiction, and by the way, Madam Duty Counsel, you agree that there’s sufficient factual basis for me to exercise my common law jurisdiction? MS. JOSEPH: Yes, Your Honour.

THE COURT: And as such, I am imposing a 12-month Common Law Peace Bond, or recognizance with a penal sum of $500 no deposit, no surety. The terms are, ma’am, that you’ll keep the peace, and be of good behaviour. I used the E-Form wording that you will not associate, or communicate in anyway by any physical, electronic, or other means, or be in the company of Leslie Noelle Ewing, and that you will not be within 100 metres of any place where you know the above-named person to live, work, go to school, frequent, or any place where you know the person to be except for required court attendances. Finally,...

CHRISTIE DRAPER: Okay, Your Honour. THE COURT: ...you will not be — do you understand all that that so far? CHRISTIE DRAPER: Yes, sir. THE COURT: Okay, and you will not possess any weapons as defined by the Criminal Code . Do you understand that? CHRISTIE DRAPER: Yes, Your Honour. THE COURT: Do you understand that if you are found guilty of breaking these rules, or breaching them, that the government can come after you for the $500, but more importantly they can charge you with a new criminal offence of breaking this peace bond. Do you understand that? CHRISTIE DRAPER: Yes, Your Honour. THE COURT: All right.

Has your, has your address then changed? CHRISTIE DRAPER: I’m not sure of the current address that you have, but it’s [address redacted] is my new — my address. THE COURT: Is that what.... COURTROOM CLERK: Can I have that again, Your Honour. THE COURT: All right. Can you give your full address to Madam Clerk, please? CHRISTIE DRAPER: [Address redacted], Oshawa, Ontario, and I forget my postal code. One second. [postal code redacted]. COURTROOM CLERK: Thank you. CHRISTIE DRAPER: And the apartment number is number [redacted]. COURTROOM CLERK: Number four. Thank you.

THE COURT: All right, and do you want to come to the courthouse to sign the documents, or are you prepared to have them sent to you electronically? CHRISTIE DRAPER: I would love it to be withdrawn, Your Honour. THE COURT: No, no, no. That’s the criminal charge. The peace bond that you just entered into.... CHRISTIE DRAPER: I’m having a hard time hearing you to be honest. It’s very quiet, and very muffled. THE COURT: I’m not surprised because there’s no microphone near me to connect up. Let’s do the best we can.

Do you want to come to the courthouse to sign your paperwork, or are you okay if it’s sent to you electronically to your email? CHRISTIE DRAPER: To my email, Your Honour. THE COURT: All right. Okay, so on the form, Madam Clerk, I’ll have you endorse that Ms. Draper verbally acknowledged over the phone that the contents of the Order were reviewed, that she understood them, and that she is bound by them. And further, that Ms. Draper waived the right to sign the acknowledgment. COURTROOM CLERK: Yes, Your Honour. THE COURT: Madam Duty Counsel, do you have Ms.

Draper’s email address that can be forwarded to Madam Clerk? MS. JOSEPH: I do. I do, Your Honour. I’m happy to provide it electronically to Ms. Draper if Madam Clerk would provide it to, to me. So, I can provide my email address, Your Honour, and I undertake to forward the email to Ms. Draper,... THE COURT: All right. So, the Crown.... MS. JOSEPH: ...and if Madam Clerk is ready, I can provide my email now? COURTROOM CLERK: I do have it, Ms. Joseph. MS. JOSEPH: Thank you. THE COURT: All right. So, that’ll be sent to duty counsel, Ms.

Draper, and duty counsel will forward it directly to you, but you are now bound by my Order even though you haven’t quite got your own copy yet. Do you understand that?

CHRISTIE DRAPER: Yes, Your Honour, thank you. THE COURT: And on that basis, the Crown is withdrawing any underlying charges, and they come to an end today. Was anything seized by the police, Mister Crown? Or Madam Duty Counsel, do you know if the police seized anything? MS. JOSEPH: Oh, I’m sorry, Your Honour, I couldn’t hear you. I apologize. Can you please repeat? THE COURT: Yes. Do you know if anything was seized by the police that Ms. Draper would like to have returned to her? MS. JOSEPH: Not, not to my knowledge. Ms. Draper, was anything seized? CHRISTIE DRAPER: No. MS. JOSEPH: Taken from — okay.

THE COURT: All right. MS. JOSEPH: Yes, thank you, Your Honour. THE COURT: That’s great. All right. CHRISTIE DRAPER: It was spit, sir. THE COURT: Okay. Just — I hope that you won’t put yourself in this situation again, and realize that reacting to people is never a good idea. CHRISTIE DRAPER: Yes, Your Honour. I’m sorry. I know. THE COURT: All right. Good luck, ma’am. Don’t want to hear you coming back to the courthouse, all right? CHRISTIE DRAPER: Never, never, Your Honour. THE COURT: Have a good day. You’re free to go. CHRISTIE DRAPER: Thank you, Your Honour.

THE COURT: And I’m happy to release Madam Duty Counsel as well. Have a great day. MS. JOSEPH: You as well, Your Honour. Thank you very much. THE COURT: Bye bye, now. MR. HILL: Thank you. Your Honour? THE COURT: Yes. MR. HILL: Could that 9 December date be vacated, please, if it hasn’t already been so done? THE COURT: And if not yet done is so done. MR. HILL: Thank you. MS. JOSEPH: Thank you. THE COURT: Have a good day. E N D O F P R O C E E D I N G S ***