Thunder Bay man charged after Cumberland Street stabbing investigation
THUNDER BAY, Ont. — A 26-year-old Thunder Bay man has been charged with assault with a weapon following a police investigation into a reported stabbing at a Cumberland Street-area business earlier this month.
Thunder Bay Police Service says the victim was taken to hospital with injuries described as non-life-threatening. The accused later turned himself in to police and has since been released from custody pending a future court appearance.
Police called to Cumberland Street area
Officers with the Thunder Bay Police Service Primary Response Unit were dispatched to a business in the Cumberland Street area on Aug. 2 following a report of a stabbing.
Police say officers located an injured person at the scene. The victim was transported to a Thunder Bay hospital for treatment of non-life-threatening injuries.
The suspect had left before officers arrived.
On Aug. 3, police say the suspect attended the Thunder Bay Police Service station and turned himself in.
Following the investigation, Filmon Tsion, 26, of Thunder Bay, was charged with:
- assault with a weapon.
Tsion was released from custody following his first court appearance and is scheduled to return to court at a later date, according to police.
What does assault with a weapon mean under the Criminal Code?
Assault with a weapon is addressed under section 267 of the Criminal Code of Canada.
The section applies when a person, while committing an assault, carries, uses or threatens to use a weapon or imitation weapon. The same section also covers assaults that cause bodily harm and assaults involving choking, suffocation or strangulation.
Assault with a weapon is a hybrid offence, meaning the Crown may proceed either by indictment or by summary conviction.
If prosecuted by indictment, the offence carries a maximum sentence of 10 years in prison.
If the Crown proceeds summarily, the Criminal Code’s general summary-conviction penalty can include imprisonment for up to two years less a day, a fine of up to $5,000, or both, unless another penalty is specified by law.
There is no single standard sentence for an assault-with-a-weapon conviction. Depending on the circumstances and the offender, available sentences can range from community-based dispositions and probation in appropriate cases to imprisonment. The Criminal Code requires sentencing courts to impose a penalty proportionate to the seriousness of the offence and the offender’s degree of responsibility.
Factors such as the type and use of the alleged weapon, injuries, criminal record and other aggravating or mitigating circumstances can affect sentencing following a conviction.
Charge remains before the court
Police have not released further details about what allegedly occurred inside or near the business, including the type of weapon allegedly involved.
The charge against Filmon Tsion has not been proven in court. He is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
