Public Commons

Part of Court cases

Frederick King

Unless otherwise noted, the reports below were written by M. Monastyrskyj, CELOS researcher.

Wednesday September 17, 2008

September 19, 2008 police press release

Police officers from 14 Division arrest Frederick King, 20, at Lansdowne and Bloor. King is charged with:

1) Possession of a Restricted Firearm with Ammunition,

2) Unauthorized Possession of a Firearm,

3) Possession of a Firearm Knowing its Possession is Unauthorized,

4) Possession of a Firearm Obtained by the Commission of an Offence,

5) Carry Concealed weapon,

6) Weapons Dangerous,

7) Unauthorized Presence of a Firearm in a Motor Vehicle,

8) Firearm Careless Storage,

9) Careless Storage Ammunition,

10) Posses Firearm Serial Number Altered,

11) two counts of Fail to Comply Recognizance,

12) Possession for the Purpose Cocaine.

Thursday September 18, 2008

According to a police press release, King was supposed to appear today in courtroom 101, Old City Hall. However, the release was only sent out on the 19th.

Tuesday September 23, 2008

The court clerk tells CELOS says King is scheduled to have a bail hearing at 10am Wednesday September 24 in courtroom 122.

Wednesday September 24, 2008

Courtroom 122, Old City Hall. The court sessions starts at 10:40. The Crown attorney is Glen Gayle. A guard brings King into the courtroom. He is black and his hair has corn rows. He is wearing a white T-shirt and jeans that that are cut off below the knees. The defense lawyer says that the witness list has been changed and asks that the case be returned to courtroom 101 at 10am on Thursday October 2. He apologizes for having to postpone the hearing after the court has gone to the trouble of arranging a special courtroom for the proceeding.

Thursday October 2, 2008

King is supposed to be on the 10am docket in courtroom 101. He is brought into the court at 10:10. He's wearing a grey track suit. The jacket says Nike on the front. He nods to a woman in the courtroom. She appears to be about 50. Almost as soon as King is led in, he's taken out again. There are a lot of delays today and things move slowly.

At 10:35 the Justice of the Peace decided to recess the court until 11 because there's nothing for the court to do. After the court recesses, the woman King nodded to asks the duty counsel if King will be brought back in. The duty counsel says yes. The duty counsel tells her if she can wait if she wants to or she can go home and call King's lawyer to find out the next court date. The woman, who appears anxious and confused, decides to stay. During the break she reads a book about the power of prayer and a pocket-sized copy of the Bible.

Before court resumes the Crown attorney duty talks to the duty counsel about King. He says "He's not going anywhere. I want to run this one." King is brought back in when court resumes at 11:10. Duty counsel talks to King then tells the court King's lawyer wants him brought back to 101 on October 9. The Crown asks if there is an information for King. The clerk says there are several informations, but the paperwork isn't in court, because the court's database system, ICON, is down. The Crown asks that King's matter be held down until the paperwork arrives.

There are a lot of delays today. Since the court has nothing to do for the moment, the JP recesses it until 11:45. When court resumes, duty counsel asks the clerk if the the information for King has arrived yet. The clerk says a request went out and they are looking for it now. At 12:15 the clerk asks a guard if he can go get the information for King. I don't hear the guard's answer. At about 12:30 court breaks for lunch.

When court starts at 2, the clerk says they found King's information. A guard brings King in. He nods and smiles to the woman who has been waiting for him to come back. The JP says King will be returning to 101 on Thursday October 9 at 10am.

Thursday October 9, 2008

King makes a brief appearance in courtroom 101. Defense lawyer Alexander Beadie tells the court the defense isn't in a position to show cause at this time and is consenting to detention. King will appear by video in courtroom 114 at 10am on Tuesday October 21 and at 2pm by video on the same day in courtroom 111. The middle-aged woman who was in the courtroom during King's last appearance is here again today along with with another black woman who looks the same age.

After guards take King out of the courtroom, his lawyer leaves the courtroom with the two women. I also leave. The lawyer and the women talk for a while in the corridor. When they are finished, I approach Beadie and introduce myself. I tell him about the CELOS courts visit project. I tell him that CELOS does most of its work at Dufferin Grove Park and that there are concerns about crime in the neighbourhoods the park serves. I tell I live that I live near Bloor and Lansdowne where his client was arrested. He suggests to me that instead of spending so much time in court we could learn about how the justice system works by reviewing old cases.

Tuesday October 21, 2008

King is on the 10am video docket in courtroom 114 for his federal charges. He comes on screen shortly after 10. Duty counsel asks him if Alex Beadie is his lawyer. King says yes. Duty counsel has a message from Beadie asking if there is any disclosure. The Crown says disclosure was given on July 25. (This must mean disclosure related to charges laid before King's arrest on September 17.) Duty counsel asks if there is further disclosure. The Crown says he isn't aware of further disclosure. Beadie wants King to return in two weeks. The JP agrees. King will return to courtroom 114 at 11am on Tuesday November 4.

King is on the 2pm video docket in courtroom 111. He appears at 2:10pm. Disclosure is available but Beadie isn't here. King is told to come back on November 4.

Tuesday November 4, 2008

King is on the 11am video docket in courtroom 114. He comes on screen at 11:10. His lawyer, Alex Beadie, is in court. Beadie wants to know if any disclosure is available. The Crown attorney says disclosure was provided on July 25. She asks if there was a further disclosure request. The Crown says Beadie should book a Crown pre-trial. Beadie says the federal charges have been delegated to the provincial Crown. This means the provincial Crown attorney will be handling both the federal and provincial charges. Beadie says he is expecting to get more disclosure this afternoon in courtroom 111 where King will be appearing for his provincial charges. He tells King he will see him again this afternoon. Beadie asks the JP to bring King back in two weeks. The JP agrees. King will come back to 114 at 11am Tuesday November 18.

King also makes a brief appearances by video at 2pm in courtroom 111. The Crown attorney on duty is Flaherty. He comes on screen at 2:10. Beadie says, "We're hopeful Mr. Flaherty has some disclosure for us." Flaherty hands Beadie two thick packets of paper. Flaherty says Beadie should arrange a pre-trial and hands him the pre-trial form. The JP tells King to come back to 111 at 2pm Tuesday November 18.

Before the 2pm session I spoke briefly to Beadie in the corridor. We had had a long discussion about the justice system on October 9. Today he asks me to explain again the purpose of the CELOS courts project. I tell him one of the purposes is to observe how court works on a daily basis and to share what we've seen with the local community. I give as an example, the fact that defendants usually make many appearances in set-date court, often because disclosure isn't available.

Tuesday November 18, 2008

King is on the 11am video docket in courtroom 114, Old City Hall. He is there for his federal charges. At 11:20, the Crown asks the guard at the Toronto East Detention Centre (TEDC) to get King and put him on screen. The Crown notes that King will also be appearing in courtroom 111 today. While the court waits for King, it deals with counsel matters (those cases for which a lawyer has shown up). Five minutes later the guard says King can't be brought up because he's "medically unfit." The Crown mentions that King's lawyer, Alex Beadie, wanted to remand the case to 111, but the Crown says it was only 'delegated' for the show cause hearing. King is facing both federal and provincial charges. The federal Crown attorney agreed to allow the provincial Crown attorney to conduct the bail (show cause) hearing for both the province and the federal government. However, the Crown wants King to return to 114, which deals with federal charges. The Justice of the Peace says King will return to 114 on December 2. Because King wasn't in court, the JP issues a bench warrant with discretion.

King is on the 2pm video docket in courtroom 111, Old City Hall. He's there for his provincial charges. He comes on screen at 2:10. Beadie tells the Crown, Flaherty, that the defense has received some disclosure but is waiting for more. He mentions forensic disclosure. Beadie also points out there is a separate offence of minor possession. Flaherty says there is some harmonizing already. I believe Flaherty is referring to the fact that King is facing a combination of federal and provincial charges and that some effort is being made to handle them together.

There is the usual back and forth about when to bring King back. King tells the Justice of the Peace, Saab, he wants to come in person. She says no. King says he wants to come back to retrieve some property he left behind at Old City Hall. Flaherty says the property should be at the jail. In any case, coming to Old City Hall won't bring him closer to his property. The JP decides King will come back to 111 on December 2.

After the new date is settled, the guard at the jail asks to speak to Beadie. He tells the lawyer that there was a mix-up earlier in 114. The guard had told the court he couldn't put King on screen because King was "medically unfit." It turns out this was a mistake, because the guards at the jail had mixed up Frederick King who is healthy with another King who isn't. The guard lets Beadie know that the Justice of the Peace in 114 has issued a bench warrant with discretion.

Tuesday December 2, 2008

King is on the 11am video docket in courtroom 114, Old City Hall. He comes on screen at 11:10. His lawyer, Alex Beadie, has left a message with duty counsel. He wants King to be brought back by video on December 16. The Crown attorney says she would like to note that disclosure was provided on July 25. She is referring to drug charges King was already facing before the September 17 incident with the gun that led to his most recent arrest. She says a pre-trial hasn't been held. She asks the duty counsel to relay a message to Beadie requesting he arrange a pre-trial. Duty counsel says he will. King asks if will be coming in person on the 16th. He appears unhappy when he is told he will coming again by video.

King is also on the 2pm video docket in courtroom 111. His name is called at 3pm, but he doesn't appear on screen. This is confusing. There is a lockdown today at the Don and prisoners in that jail have not been able to appear by video. King, however, is in the Toronto East Detention Centre and did appear on screen earlier in courtroom 114. Duty counsel has a message from Beadie. The defence is waiting for disclosure. Beadie wants King to come in person to courtroom 112 (plea court) on December 16 at 10am. The Justice of the Peace agrees. Because King didn't appear on screen, the JP issues a warrant with discretion.

From the website of the Ministry of the Attorney-General:

Bench Warrant

An order issued by a judge to a police officer for the arrest of a person who has failed to appear, or remain in attendance, at a hearing or trial. Bench warrants are a form of arrest warrants.

Discretionary Bench Warrant

In circumstances where a person does not appear in court, the court may extend a courtesy by issuing a bench warrant "with discretion". The matter is adjourned to a future date and, if the person appears at that time, the warrant is cancelled.

Tuesday December 16, 2008

When I arrive at Old City Hall, I go to the Provincial Crown office to check the docket (the list of people appearing in court on a given day). King is on the 10am docket in courtroom 112.

The court session begins at 10. There is a recess between 10:45 and 11:15. Guards bring King into the courtroom at 11:25. He is wearing a grey Nike jacket. His hair is disheveled. King's lawyer, Alex Beadie, has left a message with the court asking that King's matter be held down.

At 11:55, the Crown attorney says King's brief isn't in court. (The brief is the file that contains the history of the case. The court can't deal with a case if the brief isn't there.) The judge decides to recess the court until 12:20. He says this should give the Crown time to find the brief.

When court resumes, the Crown still hasn't found the brief. Court is adjourned until 2:30. When court resumes, the Crown says that Ms. Neilson has the missing brief. Duty counsel says the defence is waiting for some forensic evidence.

King is brought back into the courtroom at 2:40. The judge tells him that his mother is in the courthouse. King smiles and says thank you. Five minutes later Beadie, Neilson and King's mother are in the courtroom.

Beadie and Neilson go next door to courtroom 111 (set-date court). I stay in 112 expecting them to come back. They don't and as a result I don't know King's next court date.

Monday December 22, 2008

I go to the court clerk's office on the second floor of Old City Hall to find King's next court date. A clerk tells me he will be appearing by video in courtroom 114 at 11am on December 30 and at 2pm on January 6 in courtroom 111.

Tuesday December 30, 2008

King, who is in custody at the Toronto East Detention Centre (TEDC), is on the 11am video docket in courtroom 114. He comes on screen at 11:15. He's here for his drug charges which come under federal jurisdiction. His lawyer, Alex Beadie, is in court. Beadie wants King to come back to 114 on January 6. He mentions a Crown pre-trial. He says the drug charges will be delegated to the province. The Crown attorney on duty isn't aware that the charges are to be delegated. There is some back and forth between Beadie and the Crown about this. The JP orders King to come back to 114 by video at 2pm on Tuesday January 6.

Tuesday January 6, 2009

King, who is in custody in the Toronto East Detention Centre (TEDC) is on the 11am video docket in courtroom 114. He comes on screen at 11:15. He is here for his drug charges which come under federal jurisdiction. His lawyer, Alex Beadie, is in court. Beadie says he's still waiting for disclosure on "other unrelated charges." (When King was arrested on September 17, he was charged with 10 gun-related offences and two counts of fail to comply recognizance.) (See the police press release) Beadie says he received disclosure on the matter before this court but not on the matters in courtroom 111. He would like to have a pre-trial. The federal charges may be delegated to the province. Beadie says King is not in custody for the matters in 114. (King was already facing drug charges when he was arrested on September 17). The Crown attorney on duty says, "Actually, yes" and mentions section 524.

Section 524 of the Criminal Code of Canada reads:

Issue of warrant for arrest of accused

524. 1) Where a justice is satisfied that there are reasonable grounds to believe that an accused

(a) has contravened or is about to contravene any summons, appearance notice, promise to appear, undertaking or recognizance that was issued or given to him or entered into by him, or

(b) has committed an indictable offence after any summons, appearance notice, promise to appear, undertaking or recognizance was issued or given to him or entered into by him,

he may issue a warrant for the arrest of the accused.

The JP orders King to come back to 114 by video at 11am on Tuesday January 20.

Tuesday January 20, 2009

King, who is in custody in the Toronto East Detention Centre (TEDC), is on the 11am video docket in courtroom 114. He comes on screen at 11:20pm. His lawyer, Alex Beadie, has left a message with duty counsel. He would like King to come back to 114 by video on January 30. The Crown says a pre-trial has been held and the Crown is ready "to set a date today." I think she means a date for a preliminary hearing, but I'm not sure. King asks if he's going to be on video for the pre-trial. "Can't I come for the pre-trial?" Duty counsel tells King the pre-trial was already held. "That's between lawyers." Duty counsel tells King his lawyer will speak to him. The JP orders King to come back to 114 by video at 11am on Friday January 30.

King is also on the 2pm video docket in courtroom 111. He comes on screen at 2:10. The Crown attorney on duty is John Flaherty. The Justice of the Peace is James Cresswell. King's lawyer, Beadie, has left a message with duty counsel. He wants King brought back to 111 next week. Beadie is waiting for disclosure. Flaherty says there is some disclosure in the brief (the file that contains the history of the case). The JP ordres King to come to 111 by video at 2pm on Tuesday January 27. King rolls his eyes and sighs.

Friday January 30, 2009

King is on the 11am video docket in courtroom 114. His lawyer, Alex Beadie, tells the court "We expect the matters to be resolved one way or the other by way of delegation." The justice of the peace orders King to appear in person in courtroom 117 on Tuesday February 17. King is in 114 today for his drug charges, which are federal. His firearm charges are provincial. Delegation means the federal Crown attorney would delegate responsibility for prosecuting the drug charges to the provincial Crown who is dealing with King's firearm charges.

Later in the afternoon, I see Beadie in the corridor. I ask him if 117 is a plea court similar to 112. He says it is "but it has nothing to do with the firearm thing. It's a different thing."

Tuesday February 17, 2009

King is on the 10am docket in courtroom 117, Old City Hall. He is there for two charges that date back to April 11, 2008: "poss./purpose of trafficking" and "poss. property." Court officers bring to the prisoners' box just before noon. Alex Beadie, the lawyer who has been representing him, is not present. Instead there is another lawyer who tells the judge that King is "in the process of retaining me." The lawyer says he doesn't know if a pre-trial has been scheduled or not. The judge orders King to appear in courtroom 114 at 9am on Tuesday March 3.

King is also on 2pm docket in courtroom 111. At 2, a uniformed court officer tells the clerk, "Frederick King is downstairs. They're going to bring him right up." The officer turns to another officer and says, "Bring King up buddy." When King enters the prisoners' box he is wearing a grey jacket and his hair is arranged in neat corn rows. King talks briefly to duty counsel (a lawyer paid by the provincial government to offer on-the-spot legal advice to people who appear in court without a lawyer). King nods to a middle-aged black woman sitting on the public benches behind me. King says something to the court officer. The officer points to duty counsel.

The Justice of the Peace orders King to come back to 111 at 2pm Tuesday March 3. He will be appearing in person, because he has come to Old City Hall for his morning appearance in courtroom 114.

Tuesday March 3, 2009

King is scheduled to appear at 9am in courtroom 114, but CELOS isn't present because the researcher is in Superior Court for another case.

King is also on the 2pm docket in courtroom 111. Before the Justice of the Peace (JP) arrives, a uniformed court officer tells a clerk "Frederick King is downstairs. They're going to bring him right up." One officer tells another: "Bring King up buddy." King is wearing a gray jacket and his hair is in corn rows. King who is sitting in the prisoners' box right in front of me talks quietly to duty counsel (a lawyer in court who helps defendants who don't have their own lawyer with them in court). He nods to a middle-aged black woman who is sitting in the body of the court (the public benches). (I think the woman is King's mother, but I'm not sure. His mother has been in court before, but I haven't seen her often enough to recognize her.) King asks a court officer something. The officer points to duty counsel. The woman in court approaches King and the duty counsel. Duty counsel tells her, "You can't come too close." King and the woman talk. The woman leaves the courtroom. She comes back right away with a young white woman. King nods to the younger woman. The older woman who has what sounds to me like a Caribbean accent says, "Let me talk to him." She leaves the courtroom again and comes back.

The JP arrives at 2:15 and court begins. King's name is called at 2:25pm. The JP orders King to come back to 111 by video at 2pm on Tuesday March 17. As the officers lead King downstairs, he waives to the two women as well as two boys sitting next to them. As King is lead downstairs, the group leaves the courtroom.

(Update: I later had a chance to talk to the middle-aged black woman who was in court. She is King's mother. She has an accent because she's from Guyana. King wanted to talk to her on this day because it was her birthday. The young woman and two boys with her know King from the housing complex where he lives.)

Tuesday March 31, 2009

King is on the 2pm video docket in courtroom 111. When court starts, the video screen shows a room in the Toronto East Detention Centre (TEDC). King is the first prisoner to appear on screen. The Crown attorney on duty, J Flaherty, asks the clerk if there are "any target dates for Mr. King." The clerk says no. Flaherty tells King to have his lawyer call Ms. Neilson, the Crown attorney assigned to the case. Flaherty says Neilson and King's lawyer have been playing "phone tag."

King appears confused. He says he was supposed to be in court yesterday and doesn't understand why he's in court today instead. The clerk and the duty counsel check and confirm that today is the right day.

Flaherty asks the justice of the peace to have King come back to 111 at 2pm on Tuesday April 14. King asks, "Where?" The JP says "111". King asks, "By video?" The JP says, "Yes."

Tuesday June 2, 2009

King, who is in custody in the Toronto East Detention Centre, is on the 2pm video docket in courtroom 111. He appears at 2:10. Sometime since his last court appearance his head was shaved. The Crown attorney on duty, John Flaherty, asks a court clerk if a statement of issues has been filed. The clerk says no. Flaherty says a preliminary hearing is scheduled for July 20 in courtroom 121. Duty counsel doesn't have a message from King's lawyer. Flaherty tells the Justice of the Peace that King should be brought back in two weeks because the defence needs to file a statement of issues. King says "The only reason I'm here is so I don't get shipped out." He doesn't seem to like the idea of coming again in two weeks. The Justice of the Peace agrees with the Crown. King will appear again by video in 111 at 2pm on Tuesday June 16.