CC: s.145(5.1) – Fail to Comply with Undertaking, s.145(5) – Fail to Attend Court
My client was released on an undertaking to a Peace Officer, in relation to charges in Ontario. After getting pepper sprayed in relation to an incident in Calgary, CPS discovered that he was bound by these terms of release, one of which was a requirement to carry a copy of his conditions at all times. Police also discovered that the Ontario matters were at warrant status for failing to attend court as directed.
Given that the Crown would most likely be unable to prove these charges, as they stem from Ontario, I tendered pleas of “not guilty,” and scheduled both matters for trial. Within a short time, the Crown sent me a letter, indicating that they were withdrawing both charges. No criminal convictions.