Jeffrey Richardson

The accused was charged with multiple counts of sexual assault, sexual touching, and invitation to sexual touching involving a minor, C.F., and one count of assault on R.F. The court applied the R. v. W.D. credibility framework, finding the complainant C.F.'s testimony credible due to its detail and consistency, supported by admissions made by the accused to R.F. The accused's denials were deemed not credible and inconsistent with other evidence.

The court was convinced beyond a reasonable doubt that the offences occurred.

During pre-trial motions for a first-degree murder trial, the court addressed the accused's refusal to participate, the role of amicus curiae, and the admissibility of a police statement.

The court expanded the role of amicus curiae beyond making legal submissions to ensure a fair trial, given the accused's complete non-participation.

The court also ruled that the accused's statement to police was voluntary.

Although the court found a technical breach of the accused's s. 10(b) Charter rights due to a five-hour delay in facilitating access to counsel, the statement was not excluded under s. 24(2) because the police acted in good faith and the accused ultimately exercised his right to counsel before giving the statement.

The accused, charged with three counts of first-degree murder, was scheduled for trial in Pembroke.

The case management judge invited submissions on whether the trial should be administratively transferred to another location within the East Region.

The amicus curiae supported a transfer to Ottawa, while the Crown argued the trial should remain in Pembroke.

The Regional Senior Justice held that the court has the administrative authority to transfer a trial within a judicial region in exceptional circumstances relating to the administration of justice and for systemic reasons.

Given the accused's self-represented status, the need for daily transport, intense local media coverage, a small jury pool in Pembroke, and courthouse facility limitations, the court ordered the trial transferred to Ottawa.