The Nova Scotia Public Prosecution Service is appealing a judge’s decision this spring to stay charges against a Halifax man who was accused of molesting ...
Brandon William McNeil was accused of molesting two young boys in February 2021. A Dartmouth provincial court judge stayed the six criminal charges against McNeil this June because of unreasonable delay. - SaltWire Network file photoThe Nova Scotia Public Prosecution Service is appealing a judge’s decision this spring to stay charges against a Halifax man who was accused of molesting two young boys in early 2021.
But the judge hearing the case, Rickcola Brinton, went on a leave of absence for undisclosed reasons before she was able to deliver the verdict in November 2021. The Supreme Court of Canada, in its 2016 Jordan decision, said trials in provincial courts should take place within 18 months of charges being laid. A delay longer than that is unreasonable, the top court said.“This is not a failing on the part of the prosecution.
The filing also says the judge mistakenly “introduced a mandatory decision-making requirement,” based on provincial legislation, to her charter analysis of the delay application.In her decision, the judge noted that during an appearance in March 2022, the court confirmed Brinton had been on leave for a “considerable period of time” and was not expected back before May 2022.
Lawyers returned to court this February, when the mistrial was declared and dates for the new trial were confirmed. The defence rejected an option that would have seen a new judge review the evidence from the first trial.
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