R. v. C.B. (bail hearing) | Examples Of Favourable Verdicts

THE ONTARIO COURT OF JUSTICE

Toronto, Ontario

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HER MAJESTY THE QUEEN

v.

CARLL BENSON

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B A I L H E A R I N G

BEFORE THE HONOURABLE MADAM JUSTICE, XXXXXXX

On December XX, 20XX at TORONTO, Ontario

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APPEARANCES:

Mr. S. XXXX Counsel for the Crown

Mr. T. Pain Counsel fore the Accused

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December 13, 20XX

THE COURT: Okay, now it looks like we have an add-on, Carll Benson.

MR. PAIN: Yes, good morning, Your Honour.
THE COURT: Yes, good morning.
MR. PAIN: My name is Pain, P-A-I-N, and that is Mr. Benson in the prisoner’s dock.
THE COURT: All right, can you hear us?
THE ACCUSED: Yes Ma’am.
THE COURT: All right.
CROWN COUNSEL: This is a bail hearing, Your Honour. It’s a reverse onus. The Crown seeks the detention of Mr. Benson on the secondary grounds. There is an application pursuant to s.524 of the Criminal Code to cancel his prior existing release, which was – – he was released on a form 10 and 11.1.
THE COURT: Okay, just so I am not nervous about him hearing everything, is there amplification in that booth? Is that what it is?
CROWN COUNSEL: I have no idea.
THE COURT: You are having no problem at all hearing any of this?
THE ACCUSED: I can hear you fine.
THE COURT: Okay, you will let us know by rapping on the glass or something if there is something you do not hear, because you are supposed to hear every word, okay?
THE ACCUSED: Yes.
THE COURT: All right.
MR. ROGERS: I can advise Your Honour that the allegations at this stage with respect to the first Information before the Court, that that Information relates to events from the 19th of November, 20XX. Mr. Benson and the complainant in this matter, Ms. Adams(sic)A-D-A-M-S, Lisa – – I’m going to say Adams is the last name – – it is said that they had been in a relationship for a year ending during the month of May, 20XX. They remained friends from that time; however the relationship became strained since Ms. Adams had found a new boyfriend. There are no children and they never lived together, a comment with respect to Ms. Adams and Mr. Benson, not with respect to the new boyfriend, although it’s most probable that it applies to that relationship as well. It is said that on Saturday, November 19th Ms. Adams’ brother was on the computer around nine o’clock in the morning, and he received an email from Mr. Benson’s email address stating, “Yo Mark your sister is dead.” At that time the brother blocked the email, I take it from Mr. Benson and checked on his sister who was sleeping at the time. Ms. Adams reported that – –
THE COURT: Sorry, blocked the email?
CROWN COUNSEL: I think that blocking the email would prevent Mr. Benson or someone from Mr. Benson’s address, from thereafter sending an email to Mark the brother.
THE COURT: Oh, like a wall.
MR. ROGERS: Yes.
THE COURT: Okay, all right.
MR. ROGERS: I believe that’s what it means but I don’t profess to be a computer expert. Ms. Adams then reports that she awoke on that same day, the 19th of November, and checked her email and found a message from Mr. Benson eluding to her being shot with a bullet. She at that time checked her M.S.N., and I believe that that’s Microsoft Network, and noticed that Mr. Benson had changed his contact name to, and in quotations it seems, “I have a bullet with your name on it.” Ms. Adams then went to church and upon returning home, spoke with her sister and parents, and after consulting with these family members, she contacted the police. The police attended at her home, took a statement from her and her brother and made a copy of the emails that had been received by, or from Mr. Benson’s address. The officers also observed – – it says, Mr. Benson’s M.S.N. contact name as indicated previously in the synopsis. The police from 48 Division then contacted the Peel Regional Police, who contacted Mr. Benson, and Mr. Benson agreed to accompany the Peel police to Toronto, where the Toronto police arrested him, and ultimately released him a form 10 and 11.1. The next series of allegations are fail to comply and a further charge of criminal harassment by communication. These arise on the dates of – well the very next day, being 21st day of November, a second communication on the 25th day of November, and a third communication on the 27th of November. In this regard, Your Honour, I can tell you the some screens have been printed out from the complainants computer, that I take is that what you can do is you can put the cursor over the message and that will tell you the source of the message. In each of these cases, the message came from an address that they have previously used to communicate with the accused and that address is Carllbenson06, one word, C-A-R-L-L-B-E-N-S-O-N-0-6, @ msn.com. That, when you put the cursor over the message, that is the — it tells you the source of the message and that’s where it was coming from. I can tell Your Honour that ultimately a search warrant was issued in relation to this matter and the police attended at the home of Mr. Benson and seized his computer. The allegations are as follows. He was released on the 19th of November. He was released on a form 10 and 11.1, and one of the conditions as Your Honour might imagine, is that he is to abstain from communicating directly or indirectly with Lisa Adams, A-D-A-M-S, or from going within 500 meters of any place that she may be. On November 20th, Ms. Adams was online using her M.S.N. messenger. It’s an instant messaging system, and she came across text which was in quotations, “Ha ha ha ha ha time to go to court. This is going to be fun. Ha ha ha ha you’re fucked. Ha ha ha ha ha..” Then more seeming laughter. Then later on the same day, naughty little girls M-E-K everybody go. Then there’s something that says woahhh, W-O-A-H-H-H. Then it says, Fuck the naughty two-faced bitches. Ha ha ha ha you fuck yourself, then more laughter, time to go to court. This is going to be, dot, dot, dot. I take it that that communication was again from the 20th day of November and again when the cursor is lapped over this text, the contact e-mail address is once again for the individual Carllbenson06@msn.com. Then on the 25th of November, 2005 there is another email from the same address. This email stated, Birthday jam going down tonight, the perfect name for a bitch female dog. Then it says, Is Lis-question mark-e. Then on the 27th day of November the witness received four emails from the same msn address between eleven twelve in the evening and eleven twenty-six. These incidents were reported to the police and the matter was further investigated. A search warrant, as I’ve indicated, was executed at the address of Mr. Benson, and his computer equipment at the time was seized. That’s how he finds himself before – he was arrested of course at the same time.
THE COURT: what is the content of the four emails on the 27th?
MR. ROGERS: It doesn’t say in the synopsis. If I just might have a moment? I just have the information from the – I have the screens from the 25th. If I can just have a second to see if it’s in the notes. I just have the notes of one of the officers that was executing the search warrant and arresting Mr. Benson, and it doesn’t seem to disclose what the communication was on the 27th of November, and there is nothing in those notes with respect to the communication.
THE COURT: All right, do you have questions with respect to …?
MR. PAIN: I don’t, Your Honour.
THE COURT: I did not ask, is there any record?
MR. ROGERS: I don’t believe that there is a record for Mr. Benson. I can tell Your Honour that the criminal harassment charge arises from the same sets of facts.
THE COURT: All right, is that everything then?
MR ROGERS: I believe so.
THE COURT: All right, thank you. Still no questions?
MR. PAIN: No.
THE COURT: All right, thank you.
MR. PAIN: Your Honour, if I could call Luke Benson as my first witness please.
MR. ROGERS: If there is going to be more than one witness, I’d ask that there be an order excluding witnesses.
MR. PAIN: There may be Your Honour.
THE COURT: All right, do you want to direct whoever else is…
MR. PAIN: Yes Your Honour, I will.
THE COURT: Yes sir, if you could come up to this side and we will just give Mr. Pain a moment to speak to the other people.

LUKE BENSON – AFFIRMED

THE COURT: You may be seated sir. Thank you.

EXAMINATION IN-CHIEF BY MR. PAIN:

Q: Mr. Benson, I understand you are Carll’s father?
A: Yes I am.
Q: Okay, and can you tell Her Honour where it is that you reside?
A: 123 Dolby Drive in Mississauga, Ontario.
Q: Okay, and how long have you been living there?
A: We’ve been living there five years.
Q: Okay, and you’re a Canadian citizen?
A: That is correct.
Q: And sir, what do you do for a living?
A: I’m the director of Communications for Smart Communications, Canada.
Q: Okay, now you’re married?
A: Yes I am.
Q: And what’s your wife’s name?
A: Lorie. She’s in court. Well she was here a moment ago.
Q: Okay, and Carll is your only son I understand?
A: That is correct, yes.
Q: and how old is he?
A: He turned 19 two weeks ago.
Q: Okay, and can you tell the court, he is a student I understand?
A: That is correct. He’s an international business student at Business College in Mississauga.
Q: Okay, and what year is he in?
A: He’s in his second year.
Q: Okay, and can you tell us what kind of a student he is?
A: He’s primarily in the top, I would say 25 percent, As and Bs.
Q: Okay, and how would you describe your relationship with him?
A: We’re extremely close. I am very surprised that something like this happened. I will do whatever is required to ensure that this doesn’t happen again, but we’re extremely close.
Q: Okay, and I understand your wife is here as well, and if Carll were released with conditions, she’s be prepared to help with the supervision of Carll as well?
A: Absolutely. She is at home. She is not working and we will supervise and do whatever that is required and whatever this Court deems necessary in order for my son not to be in this position again. Supervision, there is other family members that are here as well, his uncle and his cousins, and they are all prepared to provide necessary guidance that is required.
Q: Okay, now I want to ask you about the Internet for a moment here. Is there any reason that Carll needs to have access to the Internet?
A: Most colleges and universities now require, or put – places that I guess the curriculum as well as the school work on the Internet. So for school purposes, he needs to have that access, however there is the library. When I went to school in English system we used the library to do all the reference materials that we require, and if my son has to go to the library and the Court deemed that he does not need or should not have access to the Internet, that’s fine by me.
Q: Okay, and do you have Internet – – well it’s quite clear you do have Internet access in the house.
A: Yes I do have Internet access at home.
Q: And would you be prepared to make sure there is no Internet access in the house?
A: Yes I am. It’s part of my job requirement to have it at home because we have what they call work sharing plans, where we are allowed to work from home, but that is not an issue. I have no reservations whatsoever disconnecting that.
Q: Okay, do you understand what the duties and responsibilities of a surety are?
A: With reference to his charges, yes.
Q: Can you explain to the Court what those duties are?
A: So I’m going to deal with the first set of charges that I’m more familiar with at this point. To not be – – to monitor his every activity and ensure that he complies with his bail requirement, up to and including not communicating with Ms. Adams or being any place close to within 500 meters, ensuring that there is no weapons or things of that sort, and I – –
Q: Okay, now you’re talking about the conditions that he was released on
A: Yes.
Q: I’m talking in general. You understand what the duties of a surety are?
A: In general, is to monitor his requirements and monitor his activities, and should I see him break those conditions, be in a position to report it to the necessary authorities.
Q: Okay, and do you believe if Carll were released with conditions, that he would follow your guidance?
A: Absolutely. Like I said, I’ve coached my son in baseball for 15 years, and he plays up to a high level, and he has worked with me at Smart Communications, Canada and I was really surprised of this incident. However, that is no excuse for what happened. My life got turned inside out yesterday when metro police executed a search warrant on our home. It’s distressing to me, it’s distressing to my son, and this is – – this is extremely serious for me at this point in time. The first time my son was release was on his own recognizance. That is no excuse, Your Honour. As a parent, however I take – – I want to ensure that this Court understands that I am taking full responsibility to ensure that he complies with whatever that’s imposed on him.
THE COURT: Did you know about his first release and the terms?
A: Yes, I accompanied him to the police station Your Honour. Actually I am the – – I put a parental restriction on him by asking the detective to ensure that he does not go east of Yonge Street without being accompanied by legal counsel or either of his parents. That was one of my reservations that I put on it. So yes, I am very familiar with it.
MR. PAIN: Q: You own your own home I understand?
A: Yes I do.
Q: And do you know what the equity in that home is?
A: It’s all paid for. It’s 750,000 or thereabouts.
Q: And your annual income?
A: 120,000 plus bonuses. It works out to about 150. This year no bonus, so…
Q: Okay, and you understand as a surety that you’d required to pledge some amount of money to back up your promise to the Court?
A: Yes I do understand that, whatsoever is required…
Q: Okay, sir.
A: …I am prepared to do that today.
THE COURT: He was arrested was he, on November 27th?
MR. PAIN: On this set of charges Your Honour, he was arrested yesterday.
THE COURT: Only yesterday, okay, all right.
MR. PAIN: Q: Should Her Honour see fit to release Carll Benson, are there any conditions that you would want to see imposed upon him?
A: Absolutely. If I may indulge Your Honour? In addition to the existing restrictions or limitations that he has placed on him, I would if the Court deems it necessary, I see no reason why the Court cannot eliminate Internet – – remove him or at least make him so that he cannot have or should not have access to the Internet. That’s the first condition. Secondly, if this Court deemed that he needs counselling I’ll be fully supportive of that to ensure that he’s taken to counselling and given the necessary counselling so that something like this doesn’t happen again.
Q: Thank you sir. Those are my questions, and please stay there. My friend will have some questions for you.
MR. ROGERS: Thank you Your Honour. I’ve probably examined more than 5,000 sureties in my life and I don’t think I’ve seen a better surety.
THE COURT: I agree.

CROSS-EXAMINATION BY MR. ROGERS:

Q: Just a couple of questions. You understand that we’re going through this process because your son was a little bit slow on the uptake?
A: Yes I do and it’s something that I have to deal with as a parent, and I will do that, although now is not the place for I to deal with him.
Q: Yes, but you understand that the undertaking that he was on ultimately gets confirmed by a Justice of the Peace and it’s the equivalent of an order of the Court, and when he promised those police officers when he was released the last time that he wouldn’t communicate, that had the same effect as an order of the Court, and Her Honour I imagine is going to make the same order?
A: And yes I do. Like I indicated before, my life got turned inside out yesterday and I don’t talk – – you guys don’t know me, but this is very serious to me and I expect my son who is sitting there has to understand how serious this is. I want to make sure he understands that, and take this very seriously. This might be a catalyst for him to do things better. I don’t know, we’ll see.
Q: Your son – – you live in Mississauga?
A: Close to, if you’re familiar with the area, close to the 403 and Eglinton.
Q: Okay.
A: So close to Square One then.
Q: Okay, and your son goes to Business College, and that too is in Mississauga.
A: That is correct. It is about 20 minutes away from our home. It sits on Steeles and McDermont.
Q: Okay, and he’s probably got no reason whatsoever to come into the city of Toronto, except now to attend court.
A: Yes, that is the only reason.
Q: Is that fair to say?
A: That is correct.
Q: All right, and do you know this woman, Lisa Adams?
A: I have never met her. I have never met her family.
Q: You’ve heard about her?
A: Yes I have, but I have never met her.
Q: And you believe that you can have your son abide by court orders and keep him from communicating with her any further?
A: Absolutely. I have never had any problems with him in the past. I was really surprised that this happened, but people make errors in judgement.
Q: They do. Everyone does. Thank you very much. I have no further questions.
THE COURT: Any guns in your house?
A: No Ma’am.
THE COURT: Any guns in the family?
A: No Ma’am.
THE COURT: Any re-examination?
MR. PAIN: No re-examination Your Honour.
THE COURT: Thank you.
A: Thank you very much.
MR. PAIN: I don’t believe I’m going to be calling any further witnesses Your Honour.
THE COURT: Do you want to invite them in?
MR. PAIN: Certainly.
THE COURT: Mr. Rogers, I take it you are not opposed to a release in the hands of these sureties?
MR. ROGERS: Absolutely not, Your Honour.
THE COURT: Did you want the cousin and the uncle?
MR. BENSON: Yes, I’ll get them.
THE COURT: Sure. Take your time. Do you all want to move forward? I do not know what the hearing is like back there.
MR. BENSON: You know, we’re hearing fine.
MALE VOICE: It’s fine here.
THE COURT: It is?
MALE VOICE: Yeah, we’re okay.
THE COURT: All right, stand up Carll. What is reverse onus?
THE ACCUSED: Reverse onus?
THE COURT: Not a clue. Have you ever explained it to him Mr. Pain?
MR. PAIN: Not the particular phrase Your Honour.
COURT REPORTER: Your Honour, there is no microphones in there, so anything he says is not on the record. I’ve just gone through every track and there is nothing. I don’t know if he has to press a button or something inside.
THE COURT: Is there a button in there?
COURT OFFICER: I don’t know Your Honour.
THE COURT: You do not know? We can have him step out near this microphone I would assume? You can stand near the microphone beside your lawyer. Okay, stand. You can understand the first time someone is arrested, that the onus is on the Crown and the police to prove that they should be kept in custody until trial. That makes sense? The presumption of innocence? It makes a lot of sense, right?
THE ACCUSED: Yes Ma’am.
THE COURT: Now the second ground, which is more important in your case because I am sure you will show up, but the other problem is the concern about the commission of further offences. So if you have someone before you on a break and enter and they have a record for break and enters you go, Maybe they will do it again. If the record is old, then you say to yourself, “Well, there is a gap here and maybe he is not going to do another one.” But if he just was released on a break and enter and goes out and is charged with another break and enter, you have got to be saying to yourself, likelihood there are going to be more offences and let us lock him up until trial. Does that make sense to you?
THE ACCUSED: Yes, Your Honour.
THE COURT: People in the community do not want people who are awaiting trial to be committing further offences, right?
THE ACCUSED: Yes, Your Honour.
THE COURT: So they expect us to not look foolish when someone is waiting trial and is out there doing something else wrong. Does that make sense?
THE ACCUSED: Yes, Your Honour.
THE COURT: So the system accommodates that, and the system then changes. If you are out on a bail awaiting trial and there are other charges, then it is no longer up to the Crown and the police to prove that you should be kept in. The onus shifts to you to prove that you should be let out again, because the public will be irate if we keep letting out people who keep getting charged and charged and charged. Does all that make sense to you?
THE ACCUSED: Yes it does, Your Honour.
THE COURT: So tell me, what is a reverse onus?
THE ACCUSED: Agreeing to something and then doing, like you know the — like doing the same thing over again.
THE COURT: Well not quite no, because I do not want to talk about the offences, all right?
THE ACCUSED: Okay.
THE COURT: Do you understand for the first time you are charged, the Crown has to prove that you should be kept in. If you are let out and the Crown has not proven you should be kept in and there a more charges, then it is now up to you to prove that you are trustworthy enough to be let out again. That is the reverse. It is no longer up to the Crown to prove to keep you in, it is up to you to prove you should be let out. Now did you get that?
THE ACCUSED: It does make sense Your Honour, yes it does.
THE COURT: Pardon me?
THE ACCUSED: Yes it does, it makes sense.
THE COURT: I thought I heard it does not make sense…
THE ACCUSED: No no. It does.
THE COURT: …but it does make sense.
THE ACCUSED: Yeah.
THE COURT: All right, so tell me in your own words, what is the reverse onus?
THE ACCUSED: For me to show the public and you that I am fit and able to maintain — no, not maintain –stay in society with grounds and boundaries and…
THE COURT: No further offences.
THE ACCUSED: Yeah.
THE COURT: Now you can understand that if you had been released on the 19th of November and then there are charges relating to the 25th and the 27th, the Court will be very concerned that you do not listen to anybody, because that is such a quick turnaround. It is disrespectful of the police. Because you have signed a release that says you were going to do certain things, you cannot be trusted. So no we have a surety. If it was not for your father and strong family support you would be sitting in there, because I sure cannot trust you. This is a strong case. This is as strong as you get. It is on your own computer, it has got your name on it. It is almost a slum dunk for the Crown, so there is no way I would let you out on your own. You cannot be trusted from the evidence that I have at this early stage. So were if not for your father, you would be sitting there for anywhere from six to eight months until you get to your trial. Do you understand that?
THE ACCUSED: Yes I do, Your Honour.
THE COURT: Now it does not take a rocket scientist to know that we have a problem with guns in this community, and basically it is very difficult for anyone to get out of custody if there is any allusion to any guns being involved. It would be a rare day. I have listened to what these allegations are. These are most serious as it gets, Carll, for a first allegation. Do you understand that?
THE ACCUSED: Yes I do, Your Honour.
THE COURT: Now, the last thing I want you to understand is that if you get charged again after you have been released to your father…
THE ACCUSED: Yes, Your Honour.
THE COURT: …can you imagine any way you would ever get released again, if you are charged again? Can you think of anybody who is going to step up here and convince me that you should ever be trusted again?
THE ACCUSED: No.
THE COURT: I respect your father.
THE ACCUSED: I have respect for him too.
THE COURT: And I know he will pick up the phone if you are one second late for my curfew, because if he gives you one second, next time it will be a minute and the next time it will be five minutes. If he gives you one second, he is disrespecting my order and that just teaches you to disrespect my order. So I know he is not going to give you one second and I trust him to call the police and put you back in there where you will sit until trial. Is this clear?
THE ACCUSED: Yes, Your Honour.
THE COURT: All right, you will be released on a recognizance in the amount of 5,000 dollars. Your father will lose 5,000 dollars addition to you being arrested and charged and probably detained, all right? Five thousand dollars. The terms are first of all, that you are to reside with your father, follow any rules that he or your mother sets. What that means Carll, is their rules are now my rules. If you breach their rules, you are breaching my rules and you can be charged with breaching a court order. People who are charged with breaching court orders are not people who generally get probation because why would anybody ultimately be put on probation if they do not listen to court orders? Got it?
THE ACCUSED: Got it.
THE COURT: You are also to attend school on a full time basis, each and everyday, each and every class. You are not to miss one class unless you have the advanced written permission from your father.
THE ACCUSED: All right.
THE COURT: So you do not get sick after he goes to work and then do not go to school. If he has gone to work and you are sick, you still have to go to school.
THE ACCUSED: Yeah I know.
THE COURT: You are to provide proof of your performance at school to your mother or father on request.
THE ACCUSED: Yes sir – – yes Ma’am.
THE COURT: You are to advise them of each and every assignment and each and every test, and each and every exam…
THE ACCUSED: Yes Ma’am.
THE COURT: …before they happen, and you are to show them the results after. You are not to possess any weapons including any knife, unless it is in the kitchen to prepare a meal or at a table to consume a meal. You are not to come into the – – help me out here. Is Mississauga part of Toronto now by definition?
MR. ROGERS: No, no it’s not. It’s not one of the boroughs.
THE COURT: It is not.
MR. ROGERS: It’s part of Peel. If you made a term not to be in the city of Toronto, save to attend at his counsel’s office or to attend at the Scarborough court, I understand from his father that is something that he could abide by.
THE COURT: All right, and can I ask Mr. Pain, is it likely that one family member is going to come with him to your office and to court all the time, or is it expected that he would be free floating on his own?
MR. PAIN: I think – –
MR. BENSON: No Your Honour, someone will always be here with him.
THE COURT: Thank you. You are not to come into Toronto for any reason unless you are accompanied by an adult relative, solely for the purpose of going to your lawyer’s office or coming to court. Do you understand that?
THE ACCUSED: Yes, Your Honour.
MR. PAIN: You Honour, could we also add counselling to that, in case they decide that he should be seeking a counsellor?
THE COURT: Right, counselling.
MR. PAIN: Thank you.
THE COURT: You are to take any counselling as directed by your surety and provide proof of your compliance to the surety. Got that?
THE ACCUSED: Yes Ma’am.
THE COURT: You are not to communicate directly or indirectly with the complainant, you are not to be found within 500 meters of any place where you know her to be unless you are required to be so for the purpose of court. What that means is if you are in the Mississauga shopping mall, whatever that is, Square One or something, if she is there you have got to get out of her way. The onus is on you to figure out what 500 meters is. This is a bubble of protection around her, and if you go inside of that I guarantee you will be arrested and you know what the consequences of that will be. You are not to communicate directly or indirectly with any member of her family, not to be within the 500 meters of her residence or any place where he knows her to be. So you are never to be in her residence whether she is there or not. She does not live in Mississauga I hope?
MR. ROGERS: I believe she lives in Toronto.
THE COURT: All right, now we have to deal with this Internet business. You are not to reside anywhere where there is Internet access, and because you have to live with your surety, your father, that means your father has to shut it down. Now then, I am not happy about the library as well.
MR. ROGERS: You Honour might want – –
THE COURT: What about, unless he is in the company of one of his – – an adult relative, so that if he has homework he could do it with them?
THE ACCUSED: Why not at school?
THE COURT: Pardon me?
THE ACCUSED: Why not at school? Like I could just print off my assignment there and then come home with it.
MR. ROGERS: I don’t think that you can be in post-secondary course, and I think that they all require access to the Internet.
THE ACCUSED: Like notes and teachings are always online, right? So…
THE COURT: Right. Are there firewalls? I mean, can you do – – access M.S.N. and emails at school?
THE ACCUSED: Not in the computer labs and/or the libraries.
THE COURT: At the school.
THE ACCUSED: At school. It’s just strictly for logging on, taking your assignments down and that’s it — printing, doing your homework.
Every time you try to download M.S.N. it fails to load in the computer.
THE COURT: For your projects.
THE ACCUSED: They have Google, Internet Works.
THE COURT: At school?
THE ACCUSED: Yes. They have Netscape Navigator at school, right?
THE COURT: Okay, your father wanted to say something.
MR. BENSON: Yes Your Honour, I could talk – – address part of that as a subject matter expert. Most institutions, most companies or most libraries do not – – have firewalls in place to restrict people using M.S.N. messenger, as well as any of the chat lines available. I know Smart has it, and we have implemented it at several locations. As well, what he was saying in school is quite correct. They cannot use it at school. So I’d be happy to tell – – it’s reasonable to say that he will not be able to access it from that environment. Now – –
THE COURT: All right. I mean I still want him to do well in school, so the question is, is he able to do it all at school, or the other option is he could use internet at home under your supervision.
MR. BENSON: That’s one of the things that we suggested here. Yes, I’ll be happy to do that.
THE COURT: But how do you monitor it when no one is home?
MR. BENSON: Well I could put firewalls in place at home. I have the subject matter expert on my staff and I could prove that to the Court. We could put firewalls in place at home to restrict the ports going out to M.S.N. messenger, as well as hotmail or any type of mail system coming out from the house.
THE COURT: Of email. So if I back up and say then, you are not to reside in any place where there is Internet access unless there are – –
MR. BENSON: Firewall rules in place to restrict that traffic.
THE COURT: Firewalls to restrict traffic for emails and M.S.N. and chat rooms.
MR. BENSON: One of the things that I didn’t tell you there just now, that Carllbenson06@msn.com, I want to assume full responsibility for that and change that password, and he is not going to use that anymore, because the way the system works is that once you are a member of that group, if Ms. Adams signs on, it is going to pop up on her – – it’s going to pop up automatically once he’s online. So we’re going to take – – his uncle has an I.S.I.T. company, we will take responsibility of that. I do not want to delete it. I just want to make sure that he has no access to it or anything associated with it, and we will put necessary firewall rules in place.
THE COURT: Okay, have you got that then Mr. Clerk? So not to reside anywhere where there is Internet access unless there are firewalls in place to prevent emails – –
MR. BENSON: Access M.S.N. messenger—
THE COURT: And chat rooms.
MR. BENSON: …and chat lines, yes.
THE COURT: And chat lines, thank you. All right, you are also not to use Internet anywhere else, unless it is at school on school computers, not friend’s computers, school computers in the lab or in the library and then solely for the purpose of school work. Was there anything else Mr. Rogers or Mr. Pain, that you can think of?
Mr. Rogers: And Your Honour included that catchall that he is to reside at 123 Dolby Drive and be amenable to the rules and the discipline of – –
THE COURT: I like it clearer. I say, reside with his surety and follow any rules the surety sets. I think it is clearer than that other phrase.
MR. ROGERS: Yes.
THE COURT: Okay, anything else Mr. Pain?
MR. PAIN: I’m just wondering Your Honour, so does this new bail now cover everything and the form 11.1 is now cancelled?
THE COURT: Yes, there is a section 524-application and that is granted. Anything else Mr. Benson Sr.?
MR. BENSON: Your Honour I am quite happy with what I have seen here today. I thank you very much. Somewhere along the lines you have to do good for people, and it will return that for you.
THE COURT: Well if you can get us mentors in the community for some of the boys that we have here, we would be indebted.
MR. BENSON: I’ll be happy to do that. I support a program at Smart called Smart Courage. I’d be happy to leave my name with my counsel and if you want to work something out, that would be great. I’ll offer you that.
THE COURT: Well I cannot particularly usually set these things up, but there are people who can do that and we would love to access resources.
MR. BENSON: If they could contact me through Tushar, that would be great.
THE COURT: Maybe Mr. Pain, you would take that kind offer and pass it on to Probation or someone who could take some action.
MR. PAIN: Certainly I will see what I can get started.
THE COURT: Lovely. All right, now the main thing here is Carll, to ask whether or not you understand these terms, because if you do not, we want to clear that up now. Do you understand all of these terms?
THE ACCUSED: I totally understand, Your Honour.
THE COURT: You will be given them in writing.
THE ACCUSED: Yes, Your Honour.
THE COURT: The last thing, and the most important thing before we decide what to do here, is are you going to follow these rules?
THE ACCUSED: Yes I will.
THE COURT: There is no point in us setting up these rules if you are not going to bother following them. Are you going to follow them?
THE ACCUSED: Yes I will.
THE COURT: And you understand the reverse onus?
THE ACCUSED: Yes I do.
THE COURT: All right, court date Mr. Pain?
MR. PAIN: Well his initial court date was set for December 22 at 2:00 p.m. Can we put everything to that date and that time?
THE COURT: December 22nd at, sorry what time, two p.m.?
MR. PAIN: Two p.m.
THE COURT: Because it is first appearance, is that right?
MR. PAIN: Yes.
THE COURT: Two p.m. in 407?
MR. PAIN: In 407, I have.
THE COURT: All right, and obviously it is implicit in all of this that you have to attend court each and every time you are required, right?
THE ACCUSED: Yes.
THE COURT: Thank you. We will name the father as surety, yes. Thank you very much for your support.
MR. BENSON: Not a problem.
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