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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 Once that is done, the Crown will ask that the sexual assault information be marked withdrawn at the request of the Crown.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.