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28-Dec-2010 [28]
Part of Court cases
Unless otherwise noted reports on this page were written by M. Monatyrskyj, CELOS researcher
At 2:40pm I'm in courtroom 111, old City Hall waiting for Shahin Pirouzi to make an appearance by video. While I'm waiting Jerry Leblanc appears on screen. I recognize him as someone who hangs out at the Kiss Cup Bar and Restaurant on the north side Bloor between St. Clarens and Emerson. Leblanc's lawyer, not present today, is Fred Shanahan. The defense is waiting for disclosure. The Justice of the Peace tells Leblanc to come back by video at 2pm on Wednesday August 27.
Leblanc is on the 2pm video docket in courtroom 111. He appears at 2:30pm. The duty counsel tells him that his lawyer was in court earlier and picked up disclosure. Crown attorney Michael Leshner says "I've got the more serious charge of robbery." Leblanc says "There might be a resolution involved," meaning he might be pleading guilty. Leshner asks when his lawyer will be seeing him. I miss the answer. Justice of the Peace James Cresswell tells Leblanc he will be appearing again by video at 2pm on Wednesday September 3.
Leblanc is on the 2pm video docket in courtroom 111. Leblanc is in custody in the Toronto East Detention Centre (TEDC). He appears on screen briefly at 2:20pm. He says he would like to come back next Tuesday for a "possible resolution." This means he may be pleading guilty. The Justice of the Peace, L. Saab, says Leblanc will appear in person in courtroom 112 (plea court) at 10am on Tuesday September 9.
Leblanc is on the 10am docket courtroom 112; however, Justice Reinhardt is delayed and court doesn't start until 10:25. Leblanc's lawyer, Fred Shanahan, is in court, but has to go before Leblanc appears. Shanahan leaves a message with the duty counsel. Court recesses at 11:45 and reconvenes at 12:30. Court recesses for lunch at 1:10 and starts again at 2:30. Leblanc is in the box. A uniformed court officer says to a clerk, "Leblanc is going over." Duty counsel tells the judge that Shanahan wants Leblanc to appear tomorrow in 111 at 2pm.
Leblanc is on the 2pm video docket in 111. He appears on screen at 2:30. His lawyer was in court, but left earlier. The Crown attorney says disclosure isn't ready yet. He also says that the brief isn't in court today. The Justice of the Peace tells Leblanc he will be brought back by video to 111 at 2pm on Wednesday September 17.
Leblanc is on the 2pm video docket in 111. He appears at 2:30pm. The Justice of the Peace is James Cresswell. His lawyer, Fred Shanahan, is in court. Shanahan says he is going to have a pre-trial today. The JP tells Leblanc he will appear again in 111 on Wednesday September 24 at 2pm by video.
Leblanc was on the 2pm video docket. CELOS wasn't present.
A court clerk at old City Hall tells CELOS Leblanc's next court date is Wednesday October 15 at 2pm in courtroom 111.
Leblanc is on the 2pm video docket in courtroom 111. He comes on screen at 2:15. The Justice of the Peace asks him who is lawyer is. He says Fred Shanahan. Leblanc says Shanahan wants him to come back to 111 on October 29. The JP hesitates because a trial date is set for November 21. He isn't sure Leblanc needs to come back to court before then. He asks Leblanc why he wants to come back. Leblanc says he needs to come back because there are ongoing discussions between his lawyer and the Crown. I don't know for sure, but this suggests to me the possibility of a plea before the case comes to trial. On Wednesday September 3 (see above) Leblanc mentioned the possibility of a resolution of the case.
The JP agrees to have Leblanc come back to 111 by video at 2pm on Wednesday October 29. However, when he agrees to the date he admonishes Leblanc slightly. He says the court can't keep seeing people every two weeks for no good reason. This is the third time this afternoon the JP has complained about the court docket being clogged by people appearing every two weeks. Earlier in the afternoon he said this is a problem the lawyers will eventually have to address.
Later after I leave the courtroom I go to the clerk's office to confirm Leblanc has a trial scheduled for November 21 and to find out the courtroom where the trial will be held. The clerk says there's nothing in the database. When I tell him I heard that date in court, he says it takes a few days for dates to be entered in the system and I can check back on Friday if I want. He tells me Leblanc was in courtroom 111 today and that if I was there I will have more current information than the clerk's office. That makes sense except that the trial date was already in place before Leblanc appeared today.
Leblanc is on the 2pm video docket in courtroom 111. He comes on screen at 2:30. Leblanc's lawyer has left a message asking that he come back in a week by video. The Justice of the Peace, Cresswell, wants to know why. Leblanc is scheduled for a trial on a robbery charge on November 21. He is also facing an assault charge. The assault charge is an out of custody matter. He is scheduled to have a trial on the assault charge on February 17 in courtroom 124. The Crown attorney, Michael Leshner, says Leblanc can go straight to trial on November 21. He says both informations can go to the trial date.
Summary: Jerry Leblanc, 43, of no fixed address, plead guilty to one count of robbery before Justice Young in courtroom 124, Old City Hall. Leblanc admitted that on August 1, he along with an unknown female accomplice, robbed a man on St. Helen's Avenue, one block west of Lansdowne, south of Bloor. On that date, Leblanc approached the victim, pulled out an imitation firearm, cocked the hammer and said, "Don't f* with me or I'll do you now. Give me your money." He made the victim lie on the ground and took $20 and a pack of cigarettes out of his pockets. The judge said even though there was, fortunately, no harm to the victim, the incident was a "heart-stopping situation." The judge also said the victim must have experienced trauma. Leblanc and the victim, who was in court today, know each other. When the guard led Leblanc into the courtroom, Leblanc glared at the man and shook his head. The judge was puzzled by Leblanc's crime. Young said he didn't know if Leblanc was high at the time or what he was thinking, because he knew the victim would recognize him and go to police.
In his submission to the court, Leblanc's lawyer, Fred Shanahan, gave the judge some background information about his client. Leblanc was born in Toronto and grew up in the Bloor-Lansdowne and Dupont-Symington areas. He worked for many years at Royce-Dupont Poultry, which used to be located on the north side of Dupont west of Symington. He then worked for sporting good manufacturers, Cooper and Bauer. He has been addicted to powder and crack cocaine for many years and now lives on the street. According to Shanahan this has taken a heavy toll on Leblanc's health. Shanahan said he has tried to find help for his client, but finding housing has been complicated by the fact Leblanc doesn't have proper identification. Shanahan agreed that the robbery was a very serious offence. He also agreed that Leblanc's criminal record was very bad. He noted, however, that Leblanc has also been on the receiving end of street violence.
In sentencing Leblanc, Young agreed with a joint submission by Crown attorney Glen Gale and Shanahan. Young said he saw no reason to reject a recommendation that had been "carefully reviewed by experienced counsel from both the Crown and defence." Young sentenced Leblanc to ten months in jail minus a seven-month credit for the three and half months he spent in pre-trial custody. (The court counts pre-trial custody as double time. In other words, every day of pre-trial custody counts as two days.) Young also placed Leblanc on 18 months probation and required him to report to a probation officer after he is released. Leblanc was ordered to have no contact with the victim. He is to stay at least 100 yards away from where the victim lives, works or is known to be. He is required to participate in any counselling ordered by the probation officer. Even though Leblanc already has a lifetime prohibition from carrying a weapon as specified by section 109 of the Criminal Code, Justice Young issued another order prohibiting him from possessing a weapon. The Crown withdrew a charge of fail to comply recognizance, but Leblanc still has an outstanding assault charge which is scheduled for trial on February 17, 2009.
Leblanc was scheduled to be tried for assault in courtroom 124, Old City Hall, but CELOS was unable to attend.
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