CASE STUDY: Charges Withdrawn – Assault & Mischief Under $5,000

Ms. Q earned her Canadian citizenship over 25 years before the incident. She moved to Canada from Malaysia, converted her degree to a Canadian equivalent, and found meaningful work in a financial field. She is a single mother of an adult son and was unfortunately a part of a heated fight with two strangers at a store when she had hoped to simply pick up groceries.

After returning to her car from shopping, Ms. Q noticed she could not leave the parking lot as a couple had parked their vehicle in the path of the parking lot exit. After waiting for several minutes, she honked, and was responded to with threats and violence.

After being shoved, punched in the arm, and having her car kicked by both strangers, she spat at them and scratched their car with her keys. Ms. Q consulted legal counsel, and then reported herself to the police.

We believed Ms. Q when she told us she was not the aggressor in the fight, and that she was merely defending and standing up for herself. We wanted to see to it that the charges against Ms. Q dropped so that she could feel comfortable knowing her record was clean.

Much of the case would rely on the testimony of both Ms. Q, and the opposing couple. This kind of case can be difficult for the Crown, who was required to prove Ms. Q’s guilt beyond a reasonable doubt, while we were only required to create some reasonable doubt. We planned to negotiate a deal with the Crown to avoid a trial.

One option available was a peace bond; an agreement Ms. Q would enter that bound her to certain conditions, such as avoiding the location of the incident and not committing any crimes, for a period of 12 months. Failure to comply would cost Ms. Q a predetermined amount of money. If the Crown and Ms. Q both agreed to it, the charges could be dropped in exchange for such a deal.

Ms. Q signed a peace bond for $1,000.00, payable only if she violated the law, possessed a weapon, was found at the grocery store the initial incident took place at, or contacted the couple involved in the fight. Her charges were dropped and she was free to put the unfortunate incident behind her.