By André Faust
Blogger Charles Leblanc refused to accept signing a peace bond which would bind him to “Be of good behavior”. According to Leblanc he has no choice but to refuse because he has seen too many times where the Fredericton city police has used violation of peace bond to arrest those in poverty and those who are aboriginals. The concept keeping good behavior is so broad that almost any behavior could be interpreted as contrary to keeping good behavior. Leblanc, because of his negative past experience with the Fredericton city police is quite sure that if he signs the peace bond the Fredericton would use the broad definition of peace bond to have him lock up.
The offer that was given to Leblanc is that if Leblanc signed a peace bond to have no contact with Andrew Spencer and be of “good behavior” for six months the summary charge of assault on Andrew Spencer the charge against Charles Leblanc would be dropped. Leblanc said that he had some while back signed and order that he would “be of good behavior”. Promises were made to him at that time if he signed the peace bond. Once he signed the peace bond the Fredericton City Police and the Crown renege on their promise. The three days later his apartment was raided by the Fredericton City Police. As a result of Leblanc’s past experience with the Fredericton City Police he has no confidence or trust for the Fredericton city Police.
Failure of blogger to sign the peace bond agreement the crown opted to proceed to trial.
At the trial Andrew Spencer testified that he was upset about Charles Leblanc doing an interview with a child without the parents’ consent, and that Charles was using children to benefit from them. When Spencer saw Leblanc on July 3rd, 2014 he decided to Confront Leblanc and let Leblanc know his displeasure on this matter. During the confrontation Spencer say’s Leblanc took off his glasses then hit him on the right side of his jaw causing him to pivot 270 degrees an fall to the ground.
Crown Witness Constable John Lally was called to the stand where he told the court that he notice slight reddening of the jaw. Defence lawer Mathieu Boutet asked Lally if it could have been caused by anything else, Lally response was yes, the injury is consistent with Spencer’s complaint.
Defence witness Terry Wishart description of the event is that Spencer crossed kings street shouting at Mr. Leblanc, once he crossed the street started to argue aggressively waving his hands in front of Leblanc. Leblanc at that point removed his glasses, at one point Spencer reached for Leblanc’s face and that is when Leblanc struck Spencer in the face causing Spencer to fall to the grown, when Spencer got up he yelled at Charles “Is that all you’ve got!”. Wishart explains that he and Charles walked away from Spencer leaving Spencer screaming and hollering.
The final witness to be called up to the stand was Charles Leblanc, in his testimony he said that Spencer came across the street yelling and came up to him telling him that it was not right to video children to put on his blog without the parents’ permission, and that he was using the children to benefit himself.
Leblanc told the court that during the altercation Spencer was aggressively swinging his hands in front of his face. Being proactive LeBlanc removed his glasses. Crown Prosecutor Sebastien Michaud question LeBlanc’s motive for removing the glasses, LeBlanc reiterated the reason that he removed his glasses was because two weeks earlier in a similar situation he was assaulted by panhandler Mike Gaudette, Leblanc did not want to take a chance to have a repeat of the previous week, because he could not afford to buy a new pair if his glasses were to be broken. Leblanc continued to explain that he repeatedly told Spencer to leave. Spencer thrusted his had towards Leblanc face and hit Leblanc’s cap that is when Spencer was struck in the face. Moments flowing the punch Leblanc told the court that he and Wishart walked away from Spencer.
In the closing arguments to the court Crown Prosecutor Sebastien Michaud argued that Leblanc was actually enticing Spencer when LeBlanc said hit me, hit me and when Spencer turn away that is when Leblanc sucker punched Spencer, this is not self defence striking a person when their back is turned.
Leblanc’s defence lawyer Mathieu Boutet argued that Spencer was on a mission to confront Leblanc about his dissatisfaction about a video that Spencer only partially saw, in addition there is no evidence of a sucker punch.
After hearing the arguments form the crown and the defence. Judge Julian Dickson told the court that he will render a verdict on June 29th, 2016 at 13:30hr.