By Patrick Burles - @PatrickBurles on Twitter

Sexual assault charges stayed over delays in reaching trial

Nov 21, 2017 | 2:32 PM

LETHBRIDGE – Two counts of sexual assault against a former Taber man have been stayed by the presiding judge at the outset of the man’s trial.

The decision was the result of a successful Jordan application by Jorden Van Voorthuizen’s lawyer, Greg White, who argued that his client’s charter right to be tried within a reasonable time was infringed upon.

Under the Jordan framework, a trial in the Court of Queen’s Bench must be heard within 30 months of the charges being laid, unless there are exceptional circumstances, or the defence waives their right under Jordan.

In September of 2013, Van Voorthuizen was convicted by a jury of sexually assaulting two young boys on multiple occasions between 1995 and 2001. He was then sentenced to nine years in prison in April of 2014.

The conviction was later overturned by Alberta’s Court of Appeal, and it was once again scheduled for trial – first by judge and jury, with the defence then re-electing to trial by judge alone.

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“Timely justice is the hallmark of a free and just society,” stated Justice Dallas Miller, as he delivered his decision in court, adding that the delays in the case were “undoubtedly unreasonable and unconstitutional.”

Both the Crown and defence agreed generally on the timeline leading up to the current trial, with lengthy periods of time being subtracted from the calculation due to factors such as delays on the part of the defence and a retrial period. Where they differed was on the 15 months from the time Van Voorthuizen was granted a retrial and the scheduled end of these proceedings, which were set for Dec. 1.

The defence stated that the 15 months should not count against the time limit, as the defence did not object to the date being set. White explained that they acknowledged it would take time to get to trial, but they did not waive their rights, which Justice Miller noted.

Outside the courthouse, White was asked about the process of launching the Jordan application. He explained that he did it in October, acknowledging that it’s something he would have preferred to have done sooner.

“I do admit that that’s not the best practice,” said White. “If you’re going to be making a Jordan application, you should make a Jordan application earlier in the game. But, even though we made it late in the game, you have to look at the principle that’s underlined at the end of the day. Whether I made it in June, or whether I made it right now, the delay till the end of the trial – which is the law – was still going to be too long.”

He also discussed the impact of the case on Van Voorthuizen, saying lengthy delays can cause a great deal of stress for those before the court.

“I can’t imagine what it’s like to carry that with yourself. It’s been hard on me, and I’m just the lawyer,” White continued. “He’s had to carry that for five-plus years, being away from his mother, being locked down in Alberta – as nice as Alberta is. But he wants to go back, and he’s going to go back and be with his mother now.”

Crown prosecutor, Brad Stephenson, stated that they will now take some time to examine the reasons behind Justice Miller’s decision, before determining if further steps will be taken.