The Roberto Osuna assault charge ended the way we figured it would end.
Charges are withdrawn in exchange for a one-year peace bond.
Crown says complainant has a three-year-old with Roberto Osuna, is currently in Mexico, wants to continue coparenting with him and didn’t want to testify.— Shi Davidi (@ShiDavidi) September 25, 2018
I’m sure there are more people googling peace bond than ever in the history of Canada. I’ll save you the time:
What is a peace bond?
A peace bond is a protection order made by a court under section 810 of the Criminal Code. It is used where an individual (the defendant) appears likely to commit a criminal offence, but there are no reasonable grounds to believe that an offence has actually been committed.
In these situations, a person can obtain a peace bond against the defendant from the Court. The Court may impose specific conditions that are designed to prevent the defendant from committing harm to the person, their spouse or common-law partner, their child, or from committing damage their property.
Where the Court accepts the application for the peace bond, the defendant must obey the conditions of the peace bond or else he or she may face criminal charges. Peace bonds can be enforced anywhere in Canada and can be in place for up to one year. If the threat persists after one year, the peace bond can be renewed by application to the Court.
What conditions can be in a peace bond?
The defendant may agree or the Court can order the defendant to:
keep the peace and be of good behaviour;
not contact the person, their spouse, or child;
not visit the person, their spouse, or child;
not call the person on the phone;
not write letters or send text messages;
abstain from using non-prescription drugs or alcohol, and be required to provide bodily samples to ensure compliance;
be forbidden from owning weapons;
pay, or promise to pay, a refundable surety (cash bond) to the Court, which may be forfeited if the defendant subsequently breaches any conditions of the peace bond; or
any other condition the Court considers desirable to prevent the harm.
The conditions of Osuna’s peace bond hasn’t been released.
This is what Roberto’s lawyer had been looking for since the start and without ‘the complainant’ testifying, it was the most likely outcome. With her in Mexico, I’m sure she couldn’t see any upside coming back to testify.
I don’t think anyone will be surprised that this is the way it all turned out. I hope he can learn from this.
Statements from Osuna and his lawyer:
John Lott has the conditions of the bond:
Osuna assault charge withdrawn, replaced by one- year peace bond: keep the peace, continue counselling, no contact with complainant without written consent. Crown says no prospect of conviction; complainant in Mexico, wouldn’t return for court proceedings.— John Lott (@LottOnBaseball) September 25, 2018