Virus concern forces delay of ex-mountie’s fraud trial

Defence, Crown agree that adjournment appropriate step under circumstances

Just a day and a half into evidence, a trial for a former Mountie accused of fraud was adjourned due to concerns over COVID-19.

Regina Court of Queen’s Bench Justice Meghan Mccreary suggested an adjournment of the Cheryl Jarvis case due to continuing national concerns over the spread of the virus. While she said it wasn’t her intention to impose an adjournment, Crown and defence counsel agreed an adjournment was likely a good idea, under the circumstances.

Mccreary noted the existing policy in Saskatchewan Queen’s Bench courts is to encourage adjournment, but to proceed — with the discretion of the trial judge — if the parties want to continue. She further noted that in this case, some witnesses were expected to testify via CCTV from provinces more drastically affected by the virus, including one who was supposed to testify from a courthouse that has now been closed.

Jarvis’s defence lawyer, Roch Dupont, said he and his client were content to adjourn the matter, and further noted trial delay is not an issue due to “exceptional, unusual circumstances.”

“This is exceptional circumstances ...,” he said. “I’m not opposed to it. I think it’s a prudent thing to do. Most courthouses across the country are closed, including Ontario, Quebec, B.C. and Alberta, so I don’t know why we wouldn’t be following that situation ... This is a serious issue.”

He added legal offices are also closing across the country, and that his office is considering working from home.

Crown prosecutor Derek Maher agreed to the adjournment. The matter was set over to April 2 for a conference call, at which time parties will set an adjournment date.

Prior to adjourning, Dupont completed his cross-examination of RCMP S/sgt. Jason Sauve, who led the investigation into Jarvis’s alleged activities between May 2008 and October 2010. Jarvis, 51, is standing trial on four charges: fraud over $5,000, theft over $5,000, forgery and uttering a forged document.

The Crown alleges she misappropriated a total of $13,228.52 from an account belonging to Drug Awareness Resistance Education (DARE). Court heard DARE is an anti-drug program connected to RCMP F-division’s Drugs and Organized Crime Awareness Service (DOCAS), of which Jarvis was sergeant in charge at the time.

It’s alleged Jarvis drew on the account using several cheques, then deposited the funds into her personal account. It’s then alleged the money went to pay down debt on an American Express credit card.

Dupont pointed out the card is government-issued, but Sauve said Jarvis’s name is on it. Sauve acknowledged he found no evidence of significant big-ticket purchases made by Jarvis.

Dupont also questioned the continuity of various documents Sauve relied on for his investigation. Sauve said once he was handed the investigation, he got the documents from a secure area in RCMP headquarters. But Dupont pointed out they had previously been in the office of a former supervisor with the drug section — a supervisor who Dupont said had once been under investigation for fraud himself. Sauve said he was not aware of that investigation.

Dupont said he is trying to get information pertaining to that investigation.

Most courthouses across the country are closed ... so I don’t know why we wouldn’t be following that situation ... This is a serious issue.