R. v. K.A.

K.A. and the complainant struggled with ongoing issues and tensions throughout their tenant and landlord relationship. K.A. was upset that the complainant, his landlord, had not fixed K.A.’s leaky roof. Under the conditions of K.A.’s signed commercial lease, the complainant was supposed to fix the roof within 45 days of K.A. possessing the unit. Three months had gone by and the leaky roof was still not fixed. After the complainant failed to respond to any correspondence from K.A. to rectify the situation, K.A. went to approach him in the office. There, K.A. admittedly lost his temper and the police were called. The police arrived and K.A. was charged with one count of uttering threats and one count of criminal harassment by engaging in threatening conduct towards his landlord. To be convicted of uttering threats the Crown has to prove beyond a reasonable doubt that K.A. knowingly conveyed to cause death or bodily harm to the complainant. To be found guilty of criminal harassment the Crown has to prove beyond a reasonable doubt that K.A. engaged in threatening conduct directed at the complainant which caused the complainant to reasonably, in all the circumstances, fear for their safety. The weight of evidence against K.A. on both charges was overwhelming; not only did K.A. admit to the police he lost his temper and threatened to “knock out” the complainant several times, the complainant audio recorded the threats allegedly made by K.A., there was a witness, and the complainant reasonably, in all of the circumstances, feared for his safety. Under the Canadian Criminal Code, K.A. was facing up to five years in prison for the uttering threats charge and ten years in prison for the criminal harassment charge. Jonathan Pyzer successfully advocated for both of K.A.’s charges to be withdrawn by the Crown. K.A. therefore did not face a finding of guilt and does not have a criminal record as a result of this incident. Instead, K.A. had to agree to sign a section 810 peace bond with conditions he keep the peace, be of good behaviour, not have contact with the complainant, and not to possess any weapons for twelve months. The section 810 peace bond was of $500.00 with no deposits, meaning if K.A. breached any of his conditions he would then have to pay the court $500.00. At the time of his charges, K.A. was applying to be a Canadian citizen. Since both of K.A.’s charges were indictable offences, a finding of guilt on either charge would have had a devastating effect on his ability to become a Canadian citizen. Having a criminal record and going through a prison sentence could severely affect all aspects of your life, and Jonathan Pyzer recognizes the importance of avoiding those outcomes at all costs.