Accused charged with two counts of engaging in conduct to provoke fear in a justice system participant (a prosecutor and a probation officer), contrary to s. 423.1(1) CC. Following a conviction for assault, accused made disparaging remarks in the courtroom to the prosecutor, including a remark to the effect that he lived in the same neighborhood as the Crown. Accused then repeatedly contacted his probation officer, and was verbally abusive and threatening.
Held: Acquitted in relation to the Crown, convicted in relation to the probation officer.
423.1(1) CC is a specific intent offence. Crown required to prove both that the accused intended to provoke a state of fear in a justice system participant, and that this was done with the purpose of impeding the participant in the performance of his/her duties. Accused’s comments in court were a visceral reaction to having been convicted, and it was not proven that the accused’s intent was to invoke a state of fear.
D. Sprake – Defence Counsel