Latest news with #CrownProsecutors
CBC
3 days ago
- Business
- CBC
Mistrial in Daniel Bard's fraud trial, new lawyer to be appointed
Social Sharing A mistrial was declared Tuesday in Daniel Bard's trial in Moncton provincial court on alleged financial crimes. Bard, 60, has been on trial on 19 charges of fraud, theft, money laundering and possession of property obtained by crime. A series of developments Tuesday saw Bard's lawyer withdraw from the case, a judge order the government fund a new lawyer, and Judge Anne Richard declare a mistrial. Essentially, this means the trial will start over again once Bard has a new lawyer. Bard had no comment as he left the courthouse. Crown prosecutors also declined to comment. Tim Dubé, a lawyer appointed by the judge to assist with the case, told reporters a mistrial was the appropriate outcome in the circumstances. "It's a disappointing outcome for sure, but it's the only potential and possible outcome that the judge could decide on," Dubé said. "Declaring a mistrial was the only remedy that was left." WATCH | New lawyer, trial dates needed for Daniel Bard: Mistrial in Moncton financial crimes trial 2 hours ago Duration 1:13 A mistrial was declared by a judge Tuesday in Daniel Bard's trial in Moncton on 19 charges that include fraud, theft and money laundering. The 60-year-old's lawyer withdrew from the case over health issues. That means he needs a new lawyer and a new trial will have to be scheduled Some of the allegations date to when Bard was a vice-president of investment attraction for 3+ Corp., which was a municipally funded economic development agency for the Moncton region. In 2019, CBC reported that Bard was accused by several business owners and individuals of receiving hundreds of thousands of dollars in administrative and brokerage fees while working for the agency but failing to deliver on promises and then vanishing. Bard was charged in 2022, and originally set to go on trial in late 2023, but the trial was rescheduled when he parted ways with his lawyer. Bard filed a Rowbotham application to have the government fund a lawyer for a person denied legal aid. That was approved, with James Matheson taking over as his lawyer. Bard's six-week trial by judge-alone started April 22 but faced delays over Matheson's health. Matheson told the court he has an eye issue that requires surgery, which was causing him to experience vertigo. Matheson's health led the judge to appoint Dubé as amicus curiae, a Latin phrase meaning friend of the court, to assist with cross-examination. The judge ordered Dubé to take a larger role in the trial, including being able to hold confidential discussions with Bard, as Matheson's health problems continued to affect the trial. When Matheson was ordered by a doctor to take a medical leave in mid-May, Dubé was expected to take over as the trial continued. However, Dubé also took a medical leave. Both lawyers were back in court Tuesday when the judge was expected to get an update on when the trial could resume. But Matheson told the judge he was not improving and would be placed off work for an extended period. He asked to be removed as Bard's lawyer, saying that delaying the case further would be unfair to Bard. "I'm truly and so sorry that this situation has developed the way it has," Matheson told the judge. Bard told the judge he agreed with Matheson's departure. Government to fund new lawyer The judge asked if Bard would seek a new lawyer through a Rowbotham application. Bard said he would. After a short break, Crown prosecutor Andrew Pollabauer said the province's attorney general would approve the request. Dubé had filed an application asking the judge to stay the charges Bard faced, alleging his Charter right to a timely trial had been violated. That issue was expected to be discussed June 11. However, Dubé said they were withdrawing that application. Pollabauer said the Crown didn't believe it would be fair to continue the trial without Bard represented by a lawyer, inviting the judge to declare a mistrial. "I grant that remedy as well," Richard said. Because Dubé's appointment was tied to Matheson, the judge ruled his role ended Tuesday with Matheson's withdrawal. The judge scheduled Bard to return to court June 17, when a new lawyer is expected to be named, and new trial dates may be set.
National Post
23-05-2025
- Politics
- National Post
Chris Selley: No municipal bylaw will calm the anti-Israel rabble
On Thursday Toronto city council passed a bylaw allowing schools, daycares and places of worship to apply for a 50-metre 'bubble zone' in which protesting would be prohibited. The impetus, obviously, is the anti-Israel protesters who have been targeting synagogues since Oct. 7, 2003. They and their supporters naturally complained bitterly about this new bylaw — a violation of the Charter, they said confidently. (Typically, council voted down a motion that would have made public the legal advice it had received on the matter.) Article content Article content Article content That said, it seems doubtful any of the synagogue protesters are much worried about this development. Several have proven themselves perfectly willing to be arrested for their cause (though Crown prosecutors have often been uninterested in pursuing charges). The idea they would defer to Toronto's bylaw officers is risible. Article content Article content The idea Toronto bylaw officers would even wade into this is somewhat dubious, frankly, though council approved funding for 12 new officers. 'Toronto bylaw officer' is not a byword for 'robust, consistent and judicious enforcement.' In an extraordinary illustration of who really runs City Hall, in January, Toronto's executive director of licensing and standards announced to council's budget committee that he was thenceforth refusing to have bylaw officers deal with unlicensed marijuana retailers. 'These officers do not have arrest powers and are not permitted or trained to use force while carrying out enforcement activities,' Carleton Grant, who remains in his position, told the committee. 'This makes the enforcement of unlicensed cannabis dispensaries challenging and presents health and safety risks to officers.' Article content Article content And wading into a baying mob demanding global intifada 40 metres in front of a bubble-zoned synagogue is … what, exactly? A fun day out? Article content Article content But Jewish Canadians have freedom of association as well, not to mention freedom of worship. On its face, a 50-metre no-go zone seems reasonable. If it's unreasonable, then the Criminal Code is also unreasonable — perhaps even more so. Section 176 reads as follows: 'Everyone who wilfully disturbs or interrupts an assemblage of persons met for religious worship or for a moral, social or benevolent purpose is guilty of an offence punishable on summary conviction.'
CBC
16-05-2025
- CBC
Crown requests 12-month sentence for Regina chiropractor convicted of sexually assaulting patient
Social Sharing Crown prosecutors and defence lawyers agree that a Regina chiropractor found guilty of the sexual assault against one of his patients should face a 12-month sentence, but are split on where it should be served. Ruben Manz was accused of seven counts of sexual assaults. After a four-week trial at Regina Court of King's Bench in 2024, the jury found Manz guilty on one count and not guilty on five of the counts, with the final count declared a mistrial. The verdicts were announced just before midnight on Dec. 1, 2024. All of the allegations, which spanned a decade, were made by Manz's former patients. Their identities are protected under a standard publication ban. Manz sat quietly beside his defence lawyers as sentencing submissions were presented to Justice Janet McMurtry on Friday. Crown prosecutors requested a 12-month jail term while defence lawyers argued for 12 months served in the community. Crown prosecutor Jackie Lane said the 49-year-old had high moral culpability for the offence, as he was acting as a medical practitioner during the assault. Prosecutors also requested that Manz be placed on the Sex Offender Information Registration, submit to a DNA order and comply with a weapons prohibition for 10 years. Defence lawyers Blaine Bevan and Kathy Hodgson-Smith said that under their proposal, Manz would have to comply with a curfew, take part in sexual-offender treatment and complete 100 hours of community service. If jail is deemed necessary, Bevan argued for a 90-day intermittent sentence to be served on the weekends. Bevan also asked McMurtry to not impose a firearm restriction, as Manz uses the weapon to hunt wild game and feeds his family with the meat. The defence highlighted that the publicity around the trial had already affected Manz business, with at least 50 per cent of the chiropractor's patients choosing not to return. They argued that should be considered in the sentencing. Bevan said the 49-year-old's lack of a previous criminal record should be considered a mitigating factor. Bevan also pointed to the "dozens" of letters in support of Manz from patients, colleagues, friends and family. Many of those letters were written post-conviction with the knowledge of Manz's guilt. The fact their support had not changed should be taken into account, Bevan said. He said incarceration would deprive Manz's patients of treatment and effectively punish them for Manz's behaviour. Prosecutors agreed that the letters show a support from wide-ranging members of the community. However, what the letters don't know is what happened in the office when Manz placed his hand on his patient's breast, prosecutors said. As a result, they should be given little weight., Lane said. The victim submitted an impact statement, but requested that McMurtry read it in private, rather than have it disclosed in open court. Justice Janet McMurtry reserved her decision until June 23 at 2 p.m. CST. WATCH | Regina chiropractor found guilty on 1 count of sexual assault, not guilty of 5 others: Regina chiropractor found guilty on 1 count of sexual assault, not guilty of 5 others 6 months ago Duration 1:11 A Regina jury has found Regina chiropractor Ruben Adam Manz guilty of sexual assault against one former patient, and acquitted him of five other counts of sexual assault. A mistrial was declared on a seventh charge of sexual assault. Seven counts, convicted on one During the trial, each former patient testified that the chiropractor reached under their bras and touched their breasts while stretching their necks. Prosecutor Lane laid out her theory of the case during closing arguments. Lane said the chiropractor had access to the women as a trusted medical caregiver, and betrayed that trust by touching the women sexually without their consent and without a legitimate medical purpose. Hodgson-Smith portrayed the events differently during her closing statement, arguing that Manz is a family man who loved his job and always acted appropriately as a chiropractor. Hodgson-Smith pointed to Manz's willingness to break down details of the complainants' medical reports during his testimony. During the trial, Manz was asked several times to define terminology and explain to the court the process of a regular chiropractic appointment. The defence argued that the type of neck stretch Manz performed is part of legitimate chiropractic treatment, and that he performed the stretch appropriately and did not purposely touch the witnesses' breasts for a sexual reason. Hodgson-Smith also said Manz remained consistent and did not contradict himself under cross-examination. The defence also called the seven accusers "unreliable," saying their accounts of what happened were influenced by the police officer who was leading the case.
CBC
14-05-2025
- CBC
Accused in OPP officer's killing denies he was in a 'murderous rage'
Social Sharing The man accused of killing an Ontario Provincial Police officer and wounding two others two years ago denied he was in a "murderous rage" the night of the fatal shooting, as the final day of evidence wrapped up in his trial. Alain Bellefeuille, who has pleaded not guilty to first-degree murder and two counts of attempted murder, told a Superior Court jury he was angry the night of the incident, but not in the way Crown prosecutors alleged. "I was angry, yes, but not like what you say," Bellefeuille told assistant Crown attorney François Dulude during cross-examination Wednesday. Bellefeuille acknowledged he'd been slamming doors and listening to loud music before turning in that night, but said his frustration was directed at his landlord who was forcing him to move, not at police. Bellefeuille admitted to firing the shots that killed Sgt. Eric Mueller and injured two others after they entered his home in Bourget, Ont., on May 11, 2023, during a wellness check requested by neighbours. The trial has focused on Bellefeuille's state of mind at the time, and whether he intended to shoot the officers. He testified over four days under questioning from both the Crown and his own defence lawyer. The court has seen and heard extensive body-worn camera footage from the officers involved. Testimony was also heard from the responding officers and paramedics, as well as a neighbour who had called police with concerns about Bellefeuille's wellness prior to the shooting. Bellefeuille has maintained that he didn't realize the men approaching his rented home were police officers, and believed they were trying to break in. Closing arguments are scheduled to begin next week, with jury deliberations expected to start as early as Wednesday.
