Ex-officer’s case thrown out
Judge rules Christopher Robertson’s rights were violated by court delays
TODD VANDONK
Justice Phil Brissette has ruled that Christopher Robertson’s rights under Sec. 11 (b) of the Canadian Charter of Rights and Freedoms have been violated and has stayed the former Peterborough police officer’s historical sexual assault charges.
Section 11 (b), known as the Jordan rule, requires that an accused be tried within a reasonable time. The Supreme Court of Canada has set out a presumptive ceiling of 18 months, less defence delay or waiver, for trial matters in the Ontario Court of Justice (OCJ).
In the Ontario Court of Justice on Wednesday, Brissette confirmed the stayed charges and vacated Robertson’s fiveday trial dates this month, but adjourned his reason for judgment until April.
In April 2021, the Special Investigations Unit charged Robertson with three counts of sexual assault and one count of breach of trust by an official.
According to the charter application, prepared by Robertson’s lawyer Jeffrey Ayotte, the total delay from the date Robertson was charged to the scheduled end of the trial is 22 months.
Further, the application outlines defence adjournment requests, including two times where Robertson waived his Sec. 11 (b) rights for about two months.
However, the application agrees the total net delay by the prosecution is still 19 months and 27 days.
The matter returns to court April 13.
LOCAL
en-ca
2023-02-02T08:00:00.0000000Z
2023-02-02T08:00:00.0000000Z
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