An Alberta judge has issued a stay in the case of a man who was working as a teacher when he was accused of sexual offences against a student.
In the ruling, Justice Doreen Sulyma of the Court of Queen’s Bench of Alberta said prosecutors breached Graeme Patrick Forsyth‘s right to a timely trial.
Forsyth was charged in July 2017 with sexual interference, sexual exploitation, invitation to sexual touching and sexual assault.
He was a teacher at Bev Facey Community High School at the time.
A Supreme Court ruling in 2016, often referred to as the Jordan decision, established that trials must be heard no later than 30 months after charges are laid in cases before a provincial superior court.
In a decision released Tuesday citing the Jordan decision, Sulyma said the anticipated delay to the end of Forsyth’s trial is more than 31 months.
“The failure of the Crown in handling this case has led to a violation of Mr. Forsyth’s charter rights,” said the decision.
“In this case, the constituent parts of the Crown have each failed in their respective duties to bring Mr. Forsyth to trial within a reasonable time.”
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Forsyth’s trial was initially scheduled for last year, but was delayed until later this month. The court granted the adjournment application because Forsyth’s defence received a large amount of evidence from the Crown on the eve of trial.
The Crown argued that the Jordan decision did not apply because new charges of online luring of a child and making child pornography from evidence found in the complainant’s cellphone should have restarted the clock.
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But the judge said “this was a single proceeding and, therefore, the Jordan clock remains as beginning at the date of the first indictment.”
“This is clear systemic delay and failing of the Crown,” Sulyma wrote in her decision.
“Mr. Forsyth continues to be held under the supervision of the court, awaiting the outcome of this second scheduled trial date.”
In Canada, a stay means charges can be reactivated by the Crown within one year.
WATCH BELOW: (July 2017) A 31-year-old teacher with the Elk Island Public School Division has been charged with sexual offences in relation to a female student.
At the time of Forsyth’s arrest, Elk Island Public Schools told Global News he had been suspended with pay.
When called on Wednesday for an update on his employment status, a spokesperson for EIPS said they could not comment.
According to the Alberta School Act, a teacher who is suspended “shall be paid the teacher’s salary until the teacher’s contract of employment is terminated in accordance with this act.”
The act also states a suspended teacher cannot be employed by another school board while the suspension is in effect.
While the ATA couldn’t speak to this specific case, it did say if a teacher were to be found guilty of an indictable offence — like sexual assault — that teacher would automatically be found guilty of unprofessional conduct. A committee would then determine the punishment, and whether they would no longer be able to teach.
If a teacher isn’t found guilty of criminal charges, the ATA can still conduct an investigation into the circumstances, but that needs to be launched by a third party, though it doesn’t need to be the same individual that launched the criminal charges.
If a request is made, the ATA would hold its investigation until the conclusion of the criminal matter.
The ATA couldn’t confirm whether a request for an investigation has been filed in this case because any action between a complainant and the ATA is confidential. If an investigation is completed and it’s found there is enough evidence for a hearing, the hearing is a public matter.
The ATA couldn’t confirm whether Forsyth is still employed by Elk Island Public Schools.
With files from Kirby Bourne, 630 CHED and Caley Ramsay, Global News
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