Thunder Bay Man Charged Following Canada Day Assault Investigation

THUNDER BAY — A 41-year-old Thunder Bay man is facing six charges following a police investigation into an assault reported in the Villa Street and Cumberland Street North area on Canada Day.

Thunder Bay Police Service officers arrested Timothy Cambly on July 15 after an investigation involving the Hate Crime Unit and several other specialized units.

Assault reported near Cumberland Street North

Police say Primary Response Unit officers were dispatched shortly after 12:45 p.m. on July 1 after receiving reports of an assault in progress. A victim was treated by paramedics and transported to a Thunder Bay hospital with injuries described as non-life-threatening.

The Thunder Bay Police Service Hate Crime Unit subsequently became involved in the investigation. Police thanked community members who submitted cellphone recordings and security-camera footage, saying the material assisted investigators.

Suspect arrested July 15

Officers with the Break, Enter and Armed Robbery Unit and Community Oriented Response and Engagement Unit arrested a suspect on July 15.

Timothy Cambly, 41, of Thunder Bay, has been charged with:
Three counts of assault
Assault causing bodily harm
Causing a disturbance
Uttering threats to cause death or bodily harm
Cambly was remanded into custody following his first court appearance.

Hate Crime Unit involvement

Police have not announced a separate hate-propaganda or hate-crime charge.

In Canada, many incidents investigated as potentially hate-motivated are prosecuted using offences such as assault, threats or mischief. Where a person is convicted and the Crown proves the offence was motivated by bias, prejudice or hate based on religion, race, national or ethnic origin, or another protected characteristic, section 718.2 of the Criminal Code requires the court to treat that motivation as an aggravating sentencing factor.

The involvement of the Hate Crime Unit does not establish motive or guilt. Those issues must be determined through evidence and the court process.

Legal context on the assault charges

Simple assault falls under section 266 of the Criminal Code. It is a hybrid offence that can proceed by summary conviction or indictment. The maximum sentence when prosecuted by indictment is five years in prison.

Assault causing bodily harm is covered by section 267. The offence applies where an assault causes an injury that interferes with the complainant’s health or comfort and is more than merely temporary or minor. It carries a maximum sentence of 10 years when prosecuted by indictment and may also proceed summarily.

Available sentences can range from probation and other non-custodial penalties in less serious circumstances to imprisonment where injuries, repeated assaults, multiple victims, threats, prior convictions or other aggravating factors are proven.

Threats and disturbance charges

Section 264.1 makes it an offence to knowingly communicate a threat to cause death or bodily harm. The maximum sentence is five years in prison when the Crown proceeds by indictment.

Causing a disturbance under section 175 can include fighting, shouting, swearing, using insulting or obscene language, impeding others or other disorderly conduct in or near a public place. It is a summary conviction offence.

Unless another penalty is specifically provided, the general maximum for a summary conviction offence is two years less a day in jail, a fine of up to $5,000, or both.

The sentence imposed after any conviction would depend on the evidence, the accused’s record, the injuries caused, the number of complainants and all aggravating and mitigating circumstances.

Presumption of innocence

None of the charges has been proven in court. Timothy Cambly is presumed innocent unless and until proven guilty in a court of law.