Jean Laveau 2008

Unless otherwise noted reports on this page were written by M. Monastyrskyj

Police press release July 21, 2008

Click here to read news article about this case

Friday July 25, 2008

Jean Laveau, who is in custody, made a brief appearance in courtroom 101. His co-accused Igor Kenk also appeared. He will appear again in that courtroom on Wednesday July 30.

Wednesday August 6, 2008

Laveau is on the 10am docket in courtroom 112, old City Hall. His co-accused, Igor Kenk, is also on the docket. When I arrive at the courthouse, I see a handful of reporters and TV cameras standing outside. There are some print reporters including Dale Anne Freed from the Star and Anthony Reinhart from the Globe in the corridor. One of Kenk's sureties is also present. When a reporter tries to talk to her she says she has things to say, but can't right now. While I'm waiting for the courtroom door to open, I'm joined by two other CELOS researchers, Jutta Mason and Belinda Cole.

Court starts at 10:10. The judge is Justice Brent Knazan. Before Laveau's case comes up the court deals with a matter involving the Ontario Securities Commission. Shortly after court begins the duty counsel canvasses the body of the court (the benches where the public sits) for people who have cases before the court but who don't have a lawyer. This is a normal part of the courtroom routine.

A tall dapper-looking man enters the court, but no one takes much notice. He turns out to be Igor Kenk. No one recognized him because he now has short hair and a clean-shaven face.

A lawyer tells the court that he has for Laveau to be brought up. Laveau is in the prisoner's box a few minutes later. Laveau is expected to plead guilty to the bike theft charges, but the court can't deal with him because his lawyer, Mitch Engel, isn't here.

At about 10:20 Kenk is called forward. After some discussion, Kenk is asked to return to court on September 24. He is to appear at 10am in both courtroom 111 and 114. Read more >>

The court waits the rest of the day for Kenk's lawyer to show up. In the meantime, it deals with other cases on the docket. (See the Wednesday August 6th entry on the Observed in Court page.) Reporters go and in out of the courtroom waiting for Laveau to plead guilty.

At 3:15, Knazan asks, "Are we ready for Mr. Laveau?" Laveau is brought up, but his lawyer, Engel, still isn't here. Another lawyer who has spoken to Engel tells the court that Engel won't be able to make it today. Knazan isn't pleased. He tells the lawyer that Engel should have been clearer in the message he left the court, because the court had arranged its day expecting Engel to show up. Knazan says, "Now you are saying he will be here tomorrow." He asks, "Is that satisfactory to Mr. Laveau?" Laveau says, "Not really your honour."

After court ends, the reporters chase after the lawyer who spoke for Engel. The lawyer seems irritated by all the questions. He explains that in speaking for Engel he was simply one lawyer helping out another.

Thursday August 7, 2008

Laveau is scheduled to appear sometime today in courtroom 112 (plea court). Everyone expects him to plead guilty to the charges laid when he was arrested on July 16 along with Queen St. West bike shop owner Igor Kenk.

Laveau is brought into the courtroom at 10:20. He is wearing the same black Adidas shirt he has worn in all his court appearances. Underneath is an orange shirt. Laveau, who is a 47-year-old black man, has a mustache and some grey in his hair. He stands in the prisoners' box while the court deals with other matters.

His case comes before Justice Brent Knazan at 10:30. Before dealing with the case, Knazan speaks briefly to Laveau's lawyer, Mitch Engel, about what happened yesterday when Laveau's hearing had to be adjourned because Engel didn't show up. In particular, Knazan is concerned about the lack of information in the message that Engel had sent to the court. Knazan says the message was vague. This was an inconvenience to the court, which was working on the assumption that Engel was going to show up later in the day. Knazan is calm and simply emphasizes to Engel the importance of leaving more information about when he's likely to come to court.

That done, the Crown attorney, Glen Gale, says Laveau's matter will "proceed summarily." The court clerk reads out a description of the charges against Laveau. Laveau is facing two counts of theft under $5000 and a charge of possessing burglar tools. Asked by the clerk how he pleads, Laveau answers simply "Guilty."

Gale describes to the court the circumstances that led to Laveau's arrest on July 16 near the intersection of Queen and Strachan. Gale says, police were in the area "addressing community concerns about an increase in the theft of bicycles. According to Gale, police saw Igor Kenk direct Laveau to steal a bike that was locked near the intersection. Laveau took bolt cutters from his knapsack and used them to free the bike. When Laveau brought the bike to Kenk, he gave Laveau cash from his fanny pack. Kenk then directed Laveau to steal a second bike. Laveau and Kenk were arrested before Laveau stole the second bike.

The judge asks Laveau's lawyer if the facts read out by the Crown are "substantially correct." Engel says they are. The Crown says there's a "record alleged" against Laveau. Engel shows Laveau a transcript of that record then says the record is correct.

Knazan asks the Crown if there are any victims in the court. The Crown says no. The judge then asks if the police returned the bikes to their owners. It's hard to hear in court, but I believe the judge specifically asked if the police returned the bikes to where they were unlocked so that the owners could find them. The Crown says he can't tell from the information.

The Crown says that 60 days in jail minus the 23 days is the "appropriate disposition" in this case and notes Laveau's previous convictions on related offenses. The judge asks if this is a "joint submission." The defense lawyer, Engel, says no. He asks that Laveau serve only one additional day in jail. Engel says Laveau broke his arm in a car accident and the arm hasn't set properly.

Engel says Laveau who is 47-years-old was born in Papua New Guinea. He was 7-years-old when he came to Canada with his parents and he was raised in Montreal. He became a Canadian citizen in 1980. He served 10 years in the Canadian military, often working overseas. In 1998, he graduated from McGill University with a Bachelor of Science in electro-mechanical engineering. Engel says that while Laveau "always had some troubles with the law", things really began to go downhill in 2001 when he was diagnosed with chronic depression, for which he was treated with three kinds of medication. He arrived in Toronto 4 years ago and has been seeing a psychiatrist at a local hospital. Since coming to Toronto he has always lived in a rooming house. He has been unable to hold down a steady job. Engels says Laveau got $40 for the first bike he stole and likely would have gotten the same amount for the second one. Engels also says, "My friend's position is very reasonable."

Justice Knazan asks Laveau if he understands. Laveau says he does. The judge then asks Laveau if he has anything to say: "You have the opportunity to speak if you want to, but you don't have to." Laveau declines the offer. The judge sentences Laveau to two terms of 14 days to be served concurrently. (This wasn't said in court today, but I think it was assumed. For the purpose of sentencing a day of pre-trial custody is counted as 2 days. Therefore, Laveau's 23 days in the Don Jail counts as 46 days. 60 days minus 46 days equals 14 days.)

In reviewing the reasons behind the sentence, the judge notes that Laveau has been convicted of theft several times before. (I wrote down "4 times" in my notes, but outside the courtroom a reporter said "5 prior convictions." Outside the courtroom, Engel says he doesn't know how many convictions in total Laveau has.) Just as the judge is saying this a cellphone goes off for the second time. The judge asks people to take their cellphones out of the courtroom, but no one does. The judge mentions a conviction in July 2005. He says the fact that Laveau was using skills he learned in the army to steal bikes was an aggravating factor. Knazan also noted, "People who use bicycles often don't have much money themselves. The bicycles are for transportation." He says the prosecution could have asked for more time and says Laveau is fortunate.

After sentencing, Engel talks to Laveau briefly. The reporters leave the courtroom and wait for Engel to come out. There is a short scrum in which the reporters ask Engel to go over some of the details of what just happened in court. Like me, the reporters found it hard to keep up with everything that was said in court.

Wednesday August 20, 2008

At 2pm I'm in courtroom 111, old City Hall waiting for Shahin Pirouzi to appear by video. While I am waiting, Jean Laveau appears before the Justice of the Peace. He is out of custody. The court is told his lawyer is still Mitch Engel. Engel hasn't received disclosure, but the Crown says it is available. Laveau is told to come back to 111 at 2pm on Wednesday September 17. After I leave the courtroom I go to the court clerk's office to find out when Laveau was arrested and what the charge is. The clerk says she has no information on Laveau.

Wednesday September 17, 2008

Laveau is on the 9am docket in courtroom 111. According to the printout of the docket Laveau was charged on May 14, 2008 with theft under $5000 and on May 15 with obstruct peace officer. Because these charges were laid before he was arrested along with Igor Kenk, CELOS decides we won't follow this case any longer. Laveau is only of interest to CELOS because of his connection to Kenk.