2012 ONCA 503

In 2012 ONCA 503, Mr. S, a 68-year-old man with a severe drinking problem, visited his ex-partner, Ms. M’s, home uninvited and banged on the door until the police intervened. Mr. S had a history of violence and Ms. M had to visit domestic violence shelters on five occasions during their relationship. He did not accept that they were separated and made repeated phone calls to Ms. M, calling her a prostitute and threatening to kill her if anything happened to their son. Ms. M saved 12 recordings of the calls, which she provided to the police. The trial judge convicted him of criminal harassment and uttering threats but also found that Mr. S was not criminally responsible due to alcohol related dementia.

On appeal, Mr. M’s argued that he did not receive effective counsel because his counsel put his mental state in issue without his consent, and that the evidence did not make out his offence for criminal harassment or show he was not criminally responsible on account of mental disorder. Mr. M failed to demonstrate either of these arguments were correct and the appeal was dismissed.

Also see: 2007 ONCJ 392 (Trial); 2007 ONCJ 393 (NCR finding).


Criminal Offence(s): Criminal Harassment