How do you go about getting a no contact order lifted? One…

Is there somewhere for the 17 year old to stay so that the elder can come home? That's an awkward arrangement but might be the only one available if he has to stay in your area. You could even contact the CAS to see if they have any services available. They won't launch a Protection Application over a 17 year old.

The no-contact order was issued by the court I assume, as a term of recognizance when the assault charge was laid. The "with a weapon" is going to be a problem, that's a more serious charge. I hope that your son is getting a lawyer.

He'll need one to vary the no-contact. If the 17 year old says that he wants contact with the brother then that's good evidence. The Crown Attorney probably won't agree to it, because without a no-contact order their witness will be contaminated and they have no chance of conviction, and they know it. So that means you need a court to review the term at a hearing to determine if it can be changed, and that takes time to schedule. Even longer in these days of covid.

Of course, the Crown will say that if the accused pleads guilty that this will all be over. The Crown attorney usually only cares about getting convictions, not about whether it's the right thing to do.

A good criminal lawyer who has regular dealings with the Crown might be able to smooth this over.

I wish I could give you better news. For a second opinion, see a criminal lawyer near you who will give you a free consult, or contact Legal Aid to see if there are criminal duty counsel at your court, and if so on what days. Legal Aid's website should be of some help in that regard. Perhaps Duty Counsel can see you faster and tell you what they think.

Anything else to discuss?

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Then someone needs to get this to the Crown attorney to see if they'll drop the charges. They should offer him a Peace Bond, at least.

Anything else about this topic to discuss?

The issue is that I'd hate to see the Crown take the letter, and whatever you say, and somehow use it as further evidence against your eldest. Which is why I believe that this should be done by a lawyer acting on your behalf.

Does that make sense?

I see. Keep in mind though that since we are practicing lawyers, sometimes we get called away from the computer / website, e.g. with court, client calls (and ever so often we have to eat!). All the best with your matter