(THUNDER BAY, ON) – Today in bail court there were 4 people that appeared before Justice of the Peace Jennifer Neill regarding arrests that took place in the past 24 hours. 35-year-old Clyde Tait appeared by video from the Thunder Bay Police Service Station while he was held in police custody.
The courtroom was also staffed with a court clerk, court reporter, Crown Attorney Misbah Haque, duty counsel lawyer Lianne Roberge, a John Howard Society representative, a mental health worker, a Thunder Bay Police Service officer, and myself.
Tait was arrested based on allegations that he assaulted a woman numerous times as well as forcibly confining the woman. He was released on bail in September after allegations were raised that he had assaulted this same woman back then. He was court ordered not to be in contact or communication with this woman as part of his bail conditions.
On September 2nd, 2018, the allegations are that Tait had assaulted and forcibly confined this woman. Charges stemming from that incident are as follows:
- Forcible confinement
He was released on September 12th, 2018 after his bail hearing on a number of conditions. New allegations have arisen that Tait assaulted the same woman on December 7th, 2018 and December 9th. He now has these additional charges laid against him regarding that incident:
- Assault x2
- Breaching bail conditions (not to contact/communicate with the woman)
“Forcible confinement” is listed in the Criminal Code of Canada under section 279(2) , this is how the Criminal Code defines it: Every one who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
The Crown states that Tait is in a “reverse-onus” situation, which means that Tait will have to show the courts why he should be released. No consent from the Crown is being given today regarding the release of Tait today. He tells the court that Tait was released by the same Justice of the Peace that he is in front of today back in September with a condition to not contact his alleged victim, in which he is now alleged to have done. The Crown makes it clear that at any point presently, he is not going to consent to Tait’s release. Further, he asks for a no-contact order under section 516 which would prohibit Tait from contacting his alleged victim while in jail.
Duty counsel states that Tait’s previous bail hearing was run with duty counsel assistance and that she has advised Tait that he should apply for legal aid and obtain counsel to handle his matter. The request is for his matter to be remanded until December 12th, 2018 so that he has time to get a lawyer and take the next steps in his legal issues.
Justice of the Peace Jennifer Neill orders Tait to remain in police custody until at least December 12th, where he will have another chance at getting released from jail. She also orders Tait to not contact or communicate with his alleged victim while in jail by any means.
Tait is sent back to his jail cell at the Thunder Bay Police Service station, where he will wait to be transported to the Thunder Bay District Jail to wait for his next court appearance.