Carmen's Case — Narcotic Conspiracy — withdrawn

Between
Her Majesty the Queen, and
Carmen R.

Ontario Court of Justice
Toronto, Ontario
Judge R. Khawly

Withdrawn:  7 November 2008
(40 paras.)

¶ 1     MR. NORDIN:  If I might, Your Honour? My name is Nordin — N-O-R-D-I-N — the first initial "B." I’m appearing for the Public Prosecution Service of Canada …

¶ 2     THE COURT:  Yes.

¶ 3     MR. NORDIN: … on the matter Carmen R. I don’t have a list to tell you what number that is.

¶ 4     MR. PENNEY:  It should be an add-on, Your Honour. I checked the list. Good morning. Penney, initial "C." It’s not on the list.

¶ 5     THE COURT:  Do you have it, Madam Clerk?

¶ 6     CLERK OF THE COURT:  Yes.

¶ 7     MR. PENNEY:  I did check with the Clerk to confirm. Penney, initial "C," Your Honour, appearing by way of Designation which I’d like to file now. This is in Court for the first time. There is a first instance warrant, and …

¶ 8     THE COURT:  So why is it in 112?

¶ 9     MR. PENNEY:  The matter has been brought forward. I’ll let my friend address that, Your Honour.

¶ 10     MR. NORDIN:  As soon as we heard that Mr. Penney was on, we immediately quaked and ran away. The Crown is requesting that the Information be withdrawn in its entirety.

¶ 11     MR. PENNEY:  And as well, Madam Clerk, is the warrant for arrest with the Information?

¶ 12     CLERK OF THE COURT:  Yes.

¶ 13     MR. PENNEY:  Could that be rescinded, please?

¶ 14     MR. NORDIN:  Certainly, the Crown consents to that.

¶ 15     MR. PENNEY:  Your Honour, I have a copy of the warrant that I got from the Clerk’s office. She’s out of the country and would like to travel back. I know it would take some time for it to be updated …

¶ 16     THE COURT:  Maybe I didn’t understand Mr. Nordin correctly. I thought Mr. Nordin said he’s withdrawing the charge.

¶ 17     MR. PENNEY:  Yes. I understand that, but I’m just concerned about the system being updated and her flying into the airport and being arrested and that taking some time to sort out. All I’m asking is that my copy of the warrant simply be endorsed that it’s been rescinded so I can scan it and send to her so she can travel with it so she has proof of that.

¶ 18     THE COURT:  Well, we can certainly sign it for you, but we don’t have any official stamps, or anything of that nature. You can put a date stamp on it, if you want, Madam Clerk, and I’ll sign it, but …

¶ 19     MR. PENNEY:  Or, if — well, if Madam Clerk has the …

¶ 20     THE COURT:  The best thing you can do is go up to room 156, I would suggest, and see what they can do for you there. They probably have official stamps and stuff.

¶ 21     MR. PENNEY:  Madam …

¶ 22     THE COURT:  Not 156. I mean the police officer.

¶ 23     MR. PENNEY:  Upstairs. Madam Clerk has …

¶ 24     THE COURT:  Two – what?

¶ 25     LIAISON OFFICER:  Two-six-two.

¶ 26     MR. PENNEY:  It’s upstairs, Your Honour.

¶ 27     THE COURT:  Two-six-two.

¶ 28     MR. PENNEY:  I can speak to them up there, but I think what would help, Your Honour, is if the Clerk simply wrote "warrant rescinded" and if Your Honour could endorse it with your signature.

¶ 29     THE COURT:  Go ahead, Madam Clerk, mark it.

¶ 30     MR. PENNEY:  And then I’ll get …

¶ 31     CLERK OF THE COURT:  Your copy?

¶ 32     MR. PENNEY:  That’s my copy there. Just date it, mark it "warrant rescinded," Your Honour signs it, and the Clerk prints your last name there. I think that would be more than sufficient.

¶ 33     So I would ask the Clerk to take whatever steps because this is not the normal way.

¶ 34     THE COURT:  No. Madam Clerk can’t do anything. At this point, as I suggested to you, you might want to go upstairs and see what you can do.

¶ 35     MR. PENNEY:  All right.

¶ 36     THE COURT:  All right?

¶ 37     MR. PENNEY:  I’ll speak to 156 as well.

¶ 38     THE COURT:  That’s all we can do here.

¶ 39     MR. PENNEY:  Thank you, sir.

¶ 40     THE COURT:  Thank you.

BACK TO CARMEN'S CASE