SELECTED CASE LAW

NEW BRUNSWICK:

2005 CarswellNB 796 (NBPC)

In 2005 CarswellNB 796 (NBPC), Mr. M, a 29 year old man, was charged with intimidation. Mr. M’s newly born child had been apprehended by Child and Family Protection. During his trial Dr. T was subpoenaed to testify, as well as a social worker Ms. C. Dr. T’s report had resulting in the Child and Family Protection investigating the case of his child. At court Mr. M told Ms. C that there was a gun in a large purse he was carrying for his partner “with [Ms C’s] name on it” told her to “be afraid [Ms. C], very afraid”. He also put his face close to Dr. T and said “You’re a baby stealer. I’m going to get you”. Mr. M also tried calling Ms. C’s home. When her daughter picked up he tried to get her to tell him what their home address was. Mr. M also called Dr. T’s office and tried to book an appointment, which made her fearful. Mr. M also called her from jail when he had a no contact order in place.

He was sentenced to one year incarceration and two years’ probation for threatening violence and 4 months’ incarceration for breaching his no contact order. He was ordered not to contact Dr. T, Ms. C or their family members and was ordered to stay away from certain locations. His leave to appeal was dismissed.

Also see: 2006 NBCA 6 (Leave to appeal)

 

Criminal Offence(s): Intimidation