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Failure to Provide Necessaries of Life


R. v. E.G. and S.E., ONTARIO COURT OF JUSTICE, TORONTO, ONTARIO:

E.G.and S.E. were jointly charged with failing to provide necessaries of life in relation to S.E.'s elderly grandmother who was residing with E.G. and S.E. at the time of their arrest. The allegations against E.G. and S.E. were that the police attended at their home in response to a noise complaint. Upon investigation, the police found the family residence to be in what they described to be a "deplorable state." They purport to have observed numerous full garbage bags throughout the aprtment, feces and dried urine on the carpet, bug infested mattresses and dirty linens. S.E.'s elderly grandmother, who was dependant on E.G. and S.E. for food, shelter, clothing and medical maintenece, was observed in the family residence at the time of the police investigation and is purported to have been observed to be bruised, malnurished, disorinted and suffering from a number of physical injuries about her body. The initial position taken by the Crown Attorney's Office was that of a jail sentence. Mr. Kostman represented S.E. and Mr. Pyzer represented E.G. Our team committed all of our resources to their defence and began preparing Charter applications to have the charges stayed against both accused due to police misconduct. In the end, a trial was avoided and Mr. Kostman and Mr. Pyzer got the charges against both accused withdrawn at the request of the Crown Attorney's Office. As a result, neither S.E. or E.G. have a criminal record or finding of guilt in relation to these serious allegations.

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