Two Thunder Bay Men Charged With Robbery Following Memorial Avenue Assault Investigation

Thunder Bay Courthouse

Two Thunder Bay men face robbery and probation charges after an alleged Memorial Avenue assault

THUNDER BAY — Two Thunder Bay men are facing robbery and probation-related charges following a Thunder Bay Police Service investigation into an alleged assault at a Memorial Avenue-area business.

Police say officers with the Primary Response Unit were dispatched to the business on Aug. 3, 2026, after receiving a report of an assault. Two suspects had left the scene before officers arrived.

Police Locate and Arrest Two Suspects

Officers searched the surrounding area and located two suspects, who were arrested as part of the investigation.

Police identified the accused as Joseph Machimity, 26, of Thunder Bay, and Joshua Wapoose, 38, of Thunder Bay.

Machimity is charged with:

  • Robbery with violence
  • Failure to comply with a probation order

Wapoose is charged with:

  • Robbery with violence
  • Failure to comply with a probation order

Thunder Bay police did not provide further details about the alleged assault, including whether anyone required medical treatment or what property was allegedly taken.

Both accused were remanded into custody following their first court appearances. A remand means they remain in custody while the case proceeds; it is not a finding of guilt.

What Does a Robbery With Violence Charge Mean?

Robbery is defined under section 343 of the Criminal Code. The offence can include stealing while using violence or threats of violence, using personal violence immediately before, during or after a theft, assaulting someone with the intent to steal, or stealing while armed with an offensive weapon or imitation weapon.

Under section 344, robbery is an indictable offence. In cases not involving the specific firearm circumstances set out in the section, the maximum available sentence is life imprisonment.

That maximum penalty does not mean a life sentence would be imposed in any particular case. Canadian sentencing law requires a sentence to be proportionate to both the seriousness of the offence and the offender’s degree of responsibility, while also considering aggravating and mitigating circumstances.

Failure to Comply With a Probation Order

Under section 733.1 of the Criminal Code, a person bound by a probation order commits an offence if, without reasonable excuse, they fail or refuse to comply with the order.

The offence can be prosecuted by indictment, carrying a maximum sentence of four years in prison, or by summary conviction.

Where an offence is prosecuted summarily and no different penalty is specified, the Criminal Code provides for a maximum fine of $5,000, imprisonment for up to two years less a day, or both.

The actual sentence in any case depends on the facts proven in court, the offender’s circumstances and criminal record, the seriousness of the breach and other relevant sentencing factors.

The two suspects will face the new bail regulations in Ontario that started on August 17th.

Charges Have Not Been Proven in Court

The allegations against Machimity and Wapoose have not been tested in court.

Both accused are presumed innocent unless and until proven guilty in a court of law.

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James Murray
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