(THUNDER BAY, ON) – Appearing in a Thunder Bay bail court this morning is a 37-year-old male who’s name will not be provided to protect the identity of the child involved. He appeared by video while in police custody at the Thunder Bay Police Service Station (Hotel Balmoral). His Worship, Justice of the Peace Bruce Leaman was presiding along with Crown Attorney Mason and defence lawyer Leon Nicol.
Allegations are that the male was found in the home of his lover, in which he was not supposed to have contact with due to an outstanding charge of assault in which she is alleged victim. This incident occurred yesterday, July 11th. Dilico had received a report that the male was in the woman’s home and they had child protection concerns regarding his presence there. A Dilico worker attended the residence and reported his attendance to police. He was found hiding behind the fridge. Police arrested the male and held him for bail.
On June 28th, the same male is alleged to have assaulted his lover in a small town just outside of Thunder Bay. The Crown states that the male is in a “reverse onus” situation and will not be consenting to his release. A reverse onus situation means that the accused male has to show the courts why he should be released.
Defence lawyer Leon Nicol tells the court that the males lover is in the body of the court and wants contact with him. She is sobbing on and off throughout the court appearance. The Crown states that although the alleged victim wants contact, Dilico had contacted the Crown and expressed that they do not want the victim and accused to have any contact.
Nicol suggests that contact could be allowed only with the victims written and revocable consent. The Crown repeats that they will not consent to his release due to Dilico’s input that the two should not be in contact with each other. Nicol enters the privacy room to call his client in private.
After the private conversation occurs, Nicol returns to court and states that the male has several addresses he could reside at, including his mother, the victims mother, and another address should those two be found inappropriate. The Crown consents to the males mothers address but wants the release to be crafted based on a recognizance. Further stating that it’s been two weeks since the initial arrest for the assault.
Leon Nicol tells the courts that the male has no previous criminal record and appears to indicate that a recognizance may be an unnecessary leap. The Crown is firm in their stance and recommends the following conditions should release be granted:
- Recognizance with a $300 non deposit.
- Reside with his mother.
- No contact with the victim except through a third party for child care purposes.
- Not to attend the victims address.
- Not to be within 50 meters of anywhere the victim may be.
The Crown states that the initial assault charge stems from an incident where the male and victim were at a family members house with their infant who is under 1 year old. The couple decided to leave and go drinking with some friends. The child was left with the family members.
After consuming alcohol the couple got into an argument as the male accused the victim of cheating and wanted to leave the friends house. The victim did not want to leave. At this point the pair were seen by members of the community walking down the street in which the male was pulling the woman along. At one point the woman fell to the ground and a witness seen the male punch the woman.
Further information is before the court that indicates the male is frequently violent with the woman in front of their infant child. This is the basis for Dilico not wanting contact between the two.
Justice of the Peace Bruce Leaman agrees to the conditions set forth by the Crown as does Leon Nicol, except the Justice of the Peace changes the recognizance to an undertaking and grants the release of the man.
He is scheduled to appear in a Thunder Bay courtroom on August 20th to begin answering to the charges.
Citizen journalist born and raised in Thunder Bay, Ontario. I like pizza and reporting on concerning events that are in my home region, or that impact it. You can read more by clicking here.