Counsel: Tonii Roulston
Offence: Assault With A Weapon (s.267(a) CC)
Result: Charge Withdrawn
Our client, a youth, was charged with assault with a weapon, contrary to section 267(a) of the Criminal Code, after the client cross-checked an opposing player in the face during a competitive minor hockey playoff game. The Crown sought an 18-month probation order, including a prohibition on participation in organized hockey. Tonii Roulston negotiated a resolution with the Crown grounded in the principles of the Youth Criminal Justice Act, focusing on its emphasis of proportionality, rehabilitation, and a youth’s reduced moral blameworthiness. Tonii argued that comparable cases involving similar conduct with adults in the NHL demonstrated that the Crown’s proposed resolution was excessive in the circumstances. On this basis, Tonii achieved a proportionate, rehabilitative resolution, where the Crown would withdraw the charges upon the client’s completion of community service hours and a research paper on concussions. The client completed these conditions, and so the Crown withdrew the charges, resulting in no criminal record for the client.
