Her Majesty the Queen - v. -, 2012 SKPC 62

IN THE PROVINCIAL COURT OF SASKATCHEWAN Citation: 2012 SKPC 062 Date: April 27, 2012 Information: 31256677 Location: Prince Albert _____________________________________________________________________________ Between: Her Majesty the Queen - and - Syed A. Ali Appearing: J. Clazton-Viczko For the Crown R. Parchomchuk For the Accused JUDGMENT S. C.

CARTER , J [ 1 ] On January 24, 2012, Rukhsana Ali swore to the truth of an Information under s. 810 of the Criminal Code alleging that she had reasonable and probable grounds to fear, and does fear, that the defendant, her husband, Syed Ali, will cause personal injury to her. Specifically, she alleged that Syed Ali had assaulted her by kicking her on or before the 9 th of December 2011.

She also alleged that on several occasions he threatened to kill her and bury her in the back yard. [ 2 ] Having heard the testimony of the complainant and the defendant, I have no difficulty in finding that the Crown proved, on a balance of probabilities, that the complainant has reasonable and probable grounds for her fear.

[ 3 ] The facts of the case are as follows. [ 4 ] During the 14 years of the complainant’s arranged marriage to the defendant he has treated her cruelly, both physically and verbally. The fact that the marriage has lasted for 14 years is a tribute to her belief in the sanctity of a marriage approved of and arranged by her family. She was the one who compromised. She tried to fix whatever problems her husband perceived in her, their children, or their life together. She said she felt like, and was treated as, a slave. [ 5 ] The defendant made yearly trips back to Pakistan where both of their families live.

His brother died in 2009 leaving a wife and four children. Upon his return from Pakistan in January of 2011, the defendant’s attitude and actions toward the complainant went from bad to worse. He disclosed to her that he was going to marry his brother’s widow, as is the custom. The complainant explained that in law her consent for her husband to marry a second wife was required. She refused to consent. He became more abusive than in the past. He grabbed her by the throat on one occasion, pushing her up against a wall. On another occasion he put a knife to her throat.

These incidents were accompanied with a threat to kill her, bury her in the back yard, and that no one would know. The issue of his second marriage came to a head prior to him leaving for Pakistan again in December of 2011. The complainant and the defendant had been sleeping in separate bedrooms. On December 7, 2011, the defendant came into the complainant’s bedroom. He sat on the far side of the bed and kicked her awake demanding to know if she had changed her mind. She had not.

A meeting was held at the Mosque in Prince Albert on December 9, 2011, the purpose of which was to discuss this issue between the complainant and the defendant. At the meeting the defendant publicly stated that he hated the complainant, didn’t love her and had no respect for her. He left for Pakistan a few days later. [ 6 ] While in Pakistan, and despite the complainant’s refusal to consent, the defendant married his brother’s widow. In his testimony he explained that the complainant’s consent was only necessary for a civil form of marriage. No consent was required to marry a second wife in a religious ceremony.

He testified that it was both his duty as well as his right to marry his brother’s widow. [ 7 ] The complainant learned of this marriage in a telephone call while the defendant was still in Pakistan. She began to wonder if he really meant what he had said several times before about killing her. What she had not taken terribly seriously before began to appear more sinister. At this time the complainant was following the Shafia trial in Ontario in which the accused was charged and later convicted of killing his first wife as well as his daughters. She began to fear for her life.

Upon the defendant’s return home from Pakistan on January 15, 2012, the complainant called the police fearing for her safety. The s. 810 Information was sworn to the truth of several days later. [ 8 ] As stated above I had no difficulty in finding that the Crown had proved its case on a balance of probabilities. This is in large part because Rukhsana Ali was one of the most intelligent, sincere and believable witnesses that has ever testified before me. Clutching her copy of the Koran she swore to tell the truth. That oath bound her conscience in a way that came out in Court loud and clear.

I did not believe much of the defendant’s testimony. In my view his mild manner and denials were an attempt to camouflage his true self. [ 9 ] I will now hear counsel with respect to the conditions of a Recognizance which the defendant must now enter into. [ 10 ] Dated at the City of Prince Albert, in the Province of Saskatchewan this 27 th day of April, A.D. 2012. _____________________________________ S. C. Carter, J