The accused applied to sever sexual offence counts involving one complainant from counts involving three other complainants, all alleging misconduct when the complainants were minors.
Applying the severance framework under s. 591(3) of the Criminal Code and the factors identified in Last, the court held that the allegations shared a sufficient factual and legal nexus, the evidence would not be complex, and the Crown had a viable similar fact application.
Although the accused's stated intention to testify on some counts but not others weighed in favour of severance, the risks of inconsistent verdicts, duplication of proceedings, added stress on young complainants, and Jordan timeline concerns favoured a joint trial.
The application was denied.
