Trial Delayed Until After Ruling Made

A last minute application under the Criminal Code of Canada has a sexual assault trial involving a young person put on hold until at least May.

In provincial court on Monday afternoon Judge Brian Hendrickson was presented with an application under sections 276 and 278 of the Criminal Code by the accused’s lawyer Christina G. Skibinsky from Regina.

The accused cannot be identified under the provisions of the Youth Criminal Justice Act.

The applications had Judge Hendrickson commenting it was “unfortunate” the applications had not been presented sooner to the Court.

The plan had been to hold a two day trial commencing Monday but that is now on hold.

An application under those sections specifies if and what information about an alleged victim may be used in court.

It includes such things as previous sexual conduct as well as accessing counselling records amongst others.

Judge Hendrickson said the applications needed to be heard and ruled on before the trial.

Continuing with the trial would “make your submissions sort of silly,” he said.

Judge Hendrickson cleared the court room and held an in-camera hearing involving the accused, the accused’s lawyer, as well as the Crown.

The closed door hearing went on for over two hours.

In the end Judge Hendrickson put off his decision on the applications until May 10th at 1:30 pm.