Onslow man will be tried on sexual assault charges

An application by an Onslow Mountain man requesting his sexual assault charges be stayed because of a delay in going to trial has been denied.

“The Crown is obviously pleased with the results and glad that the matter will be proceeding to trial on its merits,” Crown attorney Courtney MacNeil said, following Tuesday’s decision by Provincial Court Judge Laurel Halfpenny-MacQuarrie.

The man, 47, whose identity is protected by a publication ban, was arraigned in 2014 on five sexual assault-related charges involving a minor. Because it was going to take nearly 32 months from the time of being charged until his scheduled trial date, the man applied for a stay based on the Supreme Court of Canada’s ruling last summer in the R vs. Jordan case, relating to lengthy court delays.

Based on that decision, new rules were established stating provincial court cases should be concluded within 18 months of the original charge being laid while Supreme Court cases should be heard within 30 months.

The case in question fell within the 30-month timeline because the man had originally elected to be tried in Nova Scotia Supreme Court by a judge and jury. A preliminary inquiry was held on June 5, 2015, and a committal was made to set a trial day in Supreme Court.

Before that date was set, however, the man re-elected to be tried in provincial court by judge alone and a two-day trial was set for mid-May 2016.

But on April 14, last year, the Crown requested an adjournment of the trial on behalf of the complainant who was unable to attend for medical reasons.

A letter from the woman’s doctor recommended it would be “in the patient’s best interests” to defer further participation in the court case until after the delivery date in her pregnancy.

Because of the extended delay, the man’s defence attorney formally filed an application in February under the Jordan decision to stay his charges.

Halfpenny-MacQuarrie, however, ruled against the application.

“There is nothing the Crown could have reasonably done to change that,” she said. “The reality is that the delay was completely out of its control and completely unforeseen. It is truly a discreet event in every sense of the word.”

The judge determined the net delay amounted to approximately 23 months, which put it well ahead of the 30-month maximum laid out in the Jordan decision and “…accordingly the application for the stay… is dismissed.”

The man is now scheduled to be tried July 20 and 21 in provincial court in Truro.

MacNeil lauded the judge’s ruling.

“She’s a very important witness and this has created an interesting new category that we can use within the context of the Jordan decision,” she said. “I think it’s a decision that’s completely in line with the decision of the Supreme Court, which has recently been upheld, and it will be interesting as the courts continue to interpret these kinds of events. But we’re pleased with the outcome on this one.”