CASE STUDY: Assault and Forcible Confinement

Our client, Mr. D, found himself in a difficult situation after being charged with assault and forcible confinement. Mr. D and his wife had been extremely close with the complainant and her family. However, the two families had recently fallen on bad terms following a dispute. It was alleged that Mr. D confined the complainant to a garage and assaulted her within it.

Denying these allegations, it was important for Mr. D to put this unfortunate incident behind him. After meeting with Mr. Lemaire, our client wanted to plead not guilty. Mr. Lemaire suggested the possibility of our client entering a peace bond. If the Crown were not to agree with the peace bond, our client and Mr. Lemaire wished to move ahead with a trial.

Mr. D strongly denied that there was any physical contact between him and the complainant and that the allegations of forcible confinement were false. Mr. Lemaire explained that our client did not wish to resolve the matter as he had a vastly different account of the events that had occurred. Mr. D went on to state that he had witnessed the complainant in multiple domestic disputes over time and would often see her exhibiting strange behaviour.

The Crown also wished to speak with the complainant and after doing so, agreed that our client would enter a peace bond after participating in anger management programming. In the end, Mr. Lemaire was successful in having our client’s charges withdrawn allowing him to leave this unfortunate incident behind.