Regina v. Ghomeshi
As your Honour is aware, the Crown and defence have had ongoing
resolution discussions. The parties have agreed to a resolution in which Mr.
Ghomeshi will:
Enter into a section 810 recognizance for a period of 12 months with
conditions
a. not to have communication directly or indirectly with Kathryn Borel
and
b. not to possess any weapons as defined by the Criminal Code.
The FACTS in support of the 810 recognizance are as follows:
In early 2007, Kathryn BOREL joined the Canadian Broadcasting
Corporation as an associate producer for the show “Q” which was hosted
by Jian GHOMESHI.
On February 7th 2008 Ms. BOREL and Mr. GHOMESHI were working late
at the office. Ms. BOREL was bending over her desk to pick up some
papers when Mr. GHOMESHI approached her from behind. He held her
waist and pressed his pelvis back and forth, repeatedly into her buttocks.
This lasted for several seconds. Both were fully clothed.
This incident on February 7, 2008 comprises the criminal allegation of
sexual assault that is before the Court. Sexually inappropriate behaviour
on Mr. Ghomeshi’s part created an intolerable working environment for Ms.
Borel which contributed to her leaving the CBC.
Mr. Ghomeshi will apologize to Ms. Borel in court today. His counsel, Ms.
Henein will then file a letter with the court from a therapist outlining the
counseling that Mr. Ghomeshi has been engaged in over the past 18
months.
Once that is done, the Crown will ask that the sexual assault information be
marked withdrawn at the request of the Crown.I would like to make a few comments about this resolution Your Honour:
The Crown's position is based on careful consideration of all of the relevant
factors.
The Crown has considered the nature of the allegations before the Court,
the anticipated evidence and the nature of possible defences.
The Crown has consulted with the complainant, Ms. Borel, whose counsel
is Ms. Susan Chapman. Ms. Borel supports this resolution. Of course, the
resolution of a charge is ultimately the Crown's decision, having regard to
all relevant considerations. The complainant's views are not determinative;
but they are a very important factor.
Counsel for Mr. Ghomeshi will file with the court a letter confirming that he
has undergone counselling over the past two years with a psychotherapist.
The letter outlines Mr. Ghomeshi’s progress toward acquiring insight into
the attitudes which sourced his offensive behaviour. Mr. Ghomeshi’s
therapist also confirms that his commitment to counselling is ongoing. Mr.
Ghomeshi's rehabilitative efforts and commitment to reform are important
considerations in support of this resolution.
The resolution provides for a public apology to Ms. Borel and public
acknowledgement by Mr. Ghomeshi of the harm he caused to her. The
Crown regards Mr. Ghomeshi’s apology as a critical component of this
resolution:
By apologizing for his actions, Mr. Ghomeshi publicly accepts
responsibility for them. Public acknowledgement of the harm done to
Ms. Borel is a valuable consequence of this resolution; not only from
the perspective of the complainant but, also, from the perspective of
the public. This is particularly so, given the unique extent to which
this case has attracted public attention.Mr. Ghomeshi's apology promotes this outcome while avoiding the
strain and uncertainty of a trial and its impact on the witnesses.
Mr. Ghomeshi’s expression of remorse and acceptance of
responsibility also support the opinion of his therapist that he is
committed to working on the personal issues which led to the
behaviour for which he was charged. Mr. Ghomeshi’s apology is
demonstrative of his progress and provides assurance that he will not
engage in similar conduct in the future. This is a significant
consideration in relation to the public interest.
The Crown has also consulted with the police who support this resolution.
The Crown must also be mindful of the personal consequences for Mr.
Ghomeshi as a result of being criminally charged.
After careful consideration of all these factors, the Crown is firmly of the
view that the public interest is best served through this resolution.