HALIFAX — Charges against a Nova Scotia man for alleged sexual offences against children have been stayed due to excessive delays in the proceedings.
Brandon William McNeil’s original trial was in Dartmouth provincial court on two counts each of sexual exploitation, sexual interference and sexual assault for offences that were alleged to have occurred between Feb. 11 and Feb. 27, 2021.
The decision was released Monday by Judge Bronwyn Duffy in Dartmouth provincial court.
According to the decision, the 29-year-old accused pleaded not guilty in June 2021, and a trial was held over the summer, with Judge Rickola Brinton reserving decision until Nov. 25 of that year.
However, after Brinton went on leave for medical reasons, a series of delays occurred, and in February this year a date for a new trial was set for May.
Duffy ruled that granting the defence request for a stay of proceedings was "the appropriate remedy” as the trial process went longer then expected and ultimately required a retrial.
The judge said while the delays weren’t the fault of the prosecution, defendants shouldn’t have to be “deprived of timely trials that are important for victims, for the accused and for public confidence in the system.”
In April, the Liberal opposition raised concerns when 38-year-old Nathaniel Matheson had child pornography charges against him stayed because of delays. In that instance, a judge noted that most of the delay in the case was due to the lack of availability of a judge to hear the trial.
The 2016 Supreme Court of Canada Jordan ruling declared defendants have the right to be tried within 18 months of being charged before provincial courts.
Data from the province's public prosecution service indicates there have been 71 applications for stays under the Jordan rules since 2017.
As of March 20, 24 of the applications had resulted in stays. A Jordan application is brought by the defence if it believes the delay is attributable to the Crown.
This report by The Canadian Press was first published June 13, 2023.
The Canadian Press
