LEFEBVRE: Stay in proceedings in Ontario

Well, there was a court appearance today leading to the staying of the upcoming trial for Carline in Stratford. She will not face a new trial in Ontario next week.

[ Here is a copy of the Crown's Submission, July 12, 2005:

The Crown, upon the authority of Criminal Code 579(1) and having been delegated the authority under that section by the Attorney General of Ontario, is directing that these proceedings against Carline Antonia vendenElsen be stayed. The Crown concludes that it is no longer in the public interest to continue this prosecution. The reasons for the Crown's taking this position are these:

1. Craig Merkley and his 3 children, Peter, Olivia and Gray are the victims of the accused's conduct that resulted in these criminal charges. Mr. Merkley has consulted with the Crown respecting consideration of whether or not these charges should proceed. His position is that he and his children were victimized by the accused when she abducted his children. They were victimized by the accused in her conducting the first trial. He does not want them to be victimized yet again by her conduct in the course of another trial. The triplets were abducted in the year 2000 when they were 7 years old. Now, in the year 2005, they are age 12. Craig Merkely considers that the impact upon them in this trial of their mother in Stratford would be negative to the extreme.

2. The accused, is presently serving a substantial sentence for serious violence and abduction offences committed in Nova Scotia. The Nova Scotia offences were committed after the Stratford abduction. Accordingly, in the Crown's view, the likely outcome, uin the event of a finding of guilt on the Stratford charges, cannot be a dramatic increase in the custodial sentenmce that the accused in now serving. Also, in view of the sentence imposed in Nova Scotia, the continued prosecution of these Stratford charges for the purpose of the need for deterrence is significantly diminished.

3. The legal issue raised in the first Stratford trial was the nature of the defence of necessity in the context of the child abduction by a parent. the Crown took that issue to the Ontario Court of Appeal. The issue was resolved in favour of the Crown position. Accordingly, no new trial is required for the purpose of resolving the legal issue of necessity; it has been settled.]

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A few points jumped at me, but I will take a day to regroup before committing to anything here.

Regards,

Andre Lefebvre


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