Sex charges dropped for lack of a judge

A lack of judges in Toronto ultimately led to sexual and physical assault charges being dropped against a man following an Ontario Superior Court judge’s ruling last month.

Emron Constantine was charged in October 2019 with four counts of assault, two of sexual assault, and one count of uttering threats against his former common-law partner.

She accused him of physical assaults in 2011, ’14 and ’15, and sexual assaults between February and March 2019.

Constantine’s trial was set to begin Monday in Toronto and wrap up by Friday.

But the case was stayed by Judge Catherine Rhinelander in April, more than 41/2 years after charges were laid, after ruling his constitutional rights to a timely trial were breached.

“This matter would have been completed within the ... timelines had a judge been available,” Rhinelander wrote in a decision published May 6.

A trial date was first set for June 2021, but Constantine suffered an ankle injury that required surgery.

His mobility was limited for weeks following the procedure, so a new trial date was set for June 2022.

Some “miscommunications or issues” on the Crown’s part led to a further delay, and a new trial date was set for Sept. 25, 2023.

When that day arrived, Constantine attended court only to be told no judge was available.

“The parties were ready to proceed. However, there was no judge available to hear the trial,” Rhinelander wrote. “The parties were directed to reattend the following morning at 9:30 a.m.”

Constantine returned to court the next day, but was told that “we have no judge for you.”

“It was determined, with no judge available to start the trial, and the following week having only four court days available, the matter would not be completed,” Rhinelander wrote.

Both parties agreed on a new trial end date of May 17.