The accused testified at trial and denied being the source of the threatening messages and harassing calls. He acknowledged the 9-1-1 call, but offered an innocent explanation grounded in concerns for the victim’s safety. The Court disbelieved him. COURT OF QUEBEC Criminal & Penal Division: Calling 9-1-1 and making false claims of danger for ulterior motives is an act of abject stupidity and selfishness. It demonstrates a lack of even a modicum of insight into how your actions may affect other citizens who are truly in danger and who desperately rely on 9-1-1 and emergency response services in times of urgency. [2] On another note, all relationships require compromise. Some more than others. When a man consciously chooses to pursue a relationship with a sex worker, the difficulty factor should be readily apparent to him from the get-go, particularly when he meets her in the execution of her duties.

 

COURT OF QUEBEC
Criminal & Penal Division
CANADA
PROVINCE OF QUEBEC
DISTRICT OF			MONTREAL
N° :		500-01-185370-191 500-01-185387-195
DATE :	September 26th 2019
______________________________________________________________________
BEFORE THE HONOURABLE DENNIS GALIATSATOS, J.C.Q.
______________________________________________________________________
HER MAJESTY THE QUEEN
Prosecution
v.
ANDREW GRANT PROCTOR
Accused
______________________________________________________________________
REASONS FOR SENTENCE
______________________________________________________________________

Note: Restriction on publication – By Court order made under section 486.5(1) of the Criminal Code, any information that could identify the victim shall not be published in any document or broadcast or transmitted in any way.

INTRODUCTION

[1]           Calling 9-1-1 and making false claims of danger for ulterior motives is an act of abject stupidity and selfishness. It demonstrates a lack of even a modicum of insight into how your actions may affect other citizens who are truly in danger and who desperately rely on 9-1-1 and emergency response services in times of urgency.

[2]           On another note, all relationships require compromise. Some more than others. When a man consciously chooses to pursue a relationship with a sex worker, the difficulty factor should be readily apparent to him from the get-go, particularly when he meets her in the execution of her duties.

[3]           In healthy relationships, it is perfectly normal to attempt to convince your partner to change certain aspects of their behaviour or various life decisions. This is part of the natural give-and-take involved in sharing one’s life with a significant other. However, that perfect compromise is not always found and couples often fail to come to mutually satisfactory agreements. Mature and reasonable adults must be able to accept such disagreements and adapt accordingly, or alternatively, walk away from the relationship. While an attempt to convince per se will not be inappropriate, imposing your will on your partner is not acceptable. Moreover, when the attempts to change your partner attain a level of persistence, harassment and threats of violence, the criminal justice system must step in.

[4]           On September 4^th 2019, following a 3-day trial, I found the accused guilty of criminal harassment (s. 264(1) C.C.) and theft (s. 334(b)(i) C.C.), committed between December 23^rd 2018 and January 22^nd 2019. After the verdicts, the accused also pled guilty to failure to comply with an 810 peace bond (s. 811(a) C.C.) during that same period. The recognizance prohibited him from communicating with N.G., his then-girlfriend. In the trial for the substantive offences, Mr. Proctor admitted having communicated with N.G., though in large part with her consent.

[5]           The offences were committed in a domestic violence setting. From its very beginning in 2018, the relationship between the accused and the victim was tumultuous, due in part to the way it was founded, to the victim’s line of work and drug use, to the fact that they both lived in different cities, to their abrasive personalities and ultimately, due to the accused’s unacceptable violent behaviour.

[6]           The accused was also convicted of public mischief under s. 140(1)(a) C.C. Things came to a head in the relationship on January 11^th 2019. As he had done before, Mr. Proctor bombarded the victim with phone calls and messages in an attempt to prevent her from serving a client. Seeing that she did not answer, the accused decided to call 9-1-1 and report a fabricated altercation at her motel room, which would prompt the police to show up at interrupt N.G.’s activities.

[7]           What Mr. Proctor did not anticipate was just how seriously the Montreal Police Department took the threat.

[8]           The accused testified at trial and denied being the source of the threatening messages and harassing calls. He acknowledged the 9-1-1 call, but offered an innocent explanation grounded in concerns for the victim’s safety. The Court disbelieved him.

FACTUAL OVERVIEW

1- The circumstances of the offences

[9]           A full account of the evidence can be found in the judgment on the verdict.[1]

[10]        For the purposes of sentencing, the following summary will suffice.

[11]        Mr. Proctor met the victim in 2018 her in the course of her work. On their first encounter, a third party paid to see the accused and N.G. have sex. After that first sexual encounter, the accused again paid N.G. for sex on another occasion. However, from that moment onwards, they formed a romantic relationship.

[12]        As such, the accused no longer paid for sex. Despite their relationship, both agreed that N.G. would continue working as a prostitute. At first, Mr. Proctor thought he would be able to handle the situation. However, as time passed, he found himself falling in love with N.G. As his feelings grew stronger, he felt increasingly bothered by the fact that N.G. was still selling her sexual services to multiple men every day.

[13]        Although Mr. Proctor resides primarily in Toronto, he often travelled back and forth between both cities. In fact, once their relationship began, he often “lived” with N.G. for extended periods at the Metro Motel.

[14]        In June of 2018, the accused assaulted the victim. This led to the couple’s break-up, although their separation was short-lived. They kept seeing each other regularly and remained very much in love. Things sometimes went well between them, although they would often get into arguments, after which the accused would “escape” back to Toronto for a few days. Between the summer and Christmas, they broke up and reconciled at least 6 more times.

[15]        During the multiple reconciliations, the accused was in breach of a s. 810 C.C. peace bond that explicitly prohibited him from communicating with the victim.

[16]        In December of 2018, the victim grew fed up of the accused’s constant insults, his negative attitude and his manipulation. In late December and early January of 2019, the accused sent her an avalanche of messages and phone calls using different mobile applications, including “Fongo”, “Line2” and Facebook Messenger. She had to block several phone numbers from which he was calling.

[17]        The main objective of the messages was either to guilt her into stop prostituting herself, or more practically, to interfere with her work itself, since the phone kept ringing all day.

[18]        Unsurprisingly, the main source of conflict was N.G.’s work. When they began seeing each other, the accused knew what he was getting into. Yet, as the relationship progressed, he grew increasingly upset with the situation. N.G. understood his frustration: “C’est normal, j’en conviens. Je n’aurais pas toléré ça non plus”.

[19]        She sometimes agreed that she should change her profession, but on other occasions, she would insist that Mr. Proctor mind his own business and stop trying to control her.

[20]        The accused’s messages were relentless. He her non-stop, all day long. The incoming calls would come from unknown numbers, so N.G. would answer them since many of her clients used such numbers to book appointments. After answering, she would recognize the accused’s voice. Even during this tumultuous period, N.G. continued to see the accused.

[21]        Between January 10^th and January 16^th 2019, Mr. Proctor sent the victim a series of text messages from 10 different phone numbers. The messages were aggressive, viciously insulting and at times overtly threatening, including:

-Going to make so you can’t work there…

-You’re going to die tonight for that.

-I hope you get strangled.

-I’m going to kill you.

-You’re going to die. I should have killed you yesterday.

-I’m coming back right now and I’m going to kick…

-I hope they find your fat body in a fucking ditch…

-I should have broken your fucking jaw when I…

-I’m going to pour acid all over your fat ugly body.

-I’ll destroy you.

-You’re going to die today.

-It only gives me more time to crush you.

-if I see one more new ad you’re going to see someone. I’m going to come beat the shit out of you.

-I’m going to break your fucking jaw.

-Every time I see a new ad something is going to happen.

-Just remember when I destroy you…

-I’m going to enjoy crushing you…

-It’s why I hope you get raped and killed by a client. You deserve it.

[22]        In the messages, Mr. Proctor also explicitly warned that if she did not answer, he would call 9-1-1 and send the police to her door.

[23]        On January 11^th 2019, at 8:30 am, seeing that N.G. refused to answer his calls, the accused called 9-1-1 from Ontario. He requested police presence at the Montreal motel room where he knew the victim was staying/working. In the two-minute call, he reported the following:

In room #1 [of the Metro Motel on Lajeunesse Street]. And I just heard commotion. I thought I probably saw a weapon of some kind. Uh, a girl and a guy. Passing by, and yelling and stuff like that, so I just want to make sure everything is OK.

[24]        In a remarkable show of force, the police’s response was swift and overwhelming: a cavalry of 45 police officers descended on the motel, evacuating the building and cordoning-off an entire city block for 4 hours. Patrolmen, investigators, lieutenants, sniffer-dog units, the riot squad and a SWAT team all took part in the operation. Ultimately, the emergency response revealed that no crime had been committed, no altercation had taken place and no weapon had been on the scene. While the actual cost of the operation is immeasurable, in man-hours alone, it cost the taxpayer 15 429.17$.[2]

[25]        N.G. was in the motel room in question with two companions. Staring down the barrels of multiple police guns pointed at her, she was in shock and understandably frustrated. Incidentally, when the police searched her for security purposes, they found 40 methamphetamine tablets.

[26]        After the accused’s arrest and detention in Toronto, while awaiting his transfer to Montreal for his trial, the victim continued to communicate with him. The Court even concluded that she went to visit him at the Toronto South Detention Centre, in addition to sending him canteen money.

2- The consequences of the crimes on the victim

[27]        The victim did not provide an impact statement under s. 722 C.C. Although she was in the gallery during the sentence hearing, she did not wish to address the Court.

[28]        Through the Crown attorney, she did however express that she wanted the accused to get help.