Former Mountie to be tried for child luring after Court of Appeal overturns stay
Ian Kaulback worked at the Hopedale RCMP detachment when initial charge was filed in 2013
The Court of Appeal has overturned a lower court ruling that stayed charges of child luring against a former Mountie in Labrador, and ordered that trials proceed "without delay on both charges."
The three-judge panel issued its unanimous ruling this week.
It revolved around the Jordan decision, about an accused's Charter right to a speedy trial.
A year ago, provincial court Judge John Joy stayed the charges against Ian Kaulback, based on the standard set by the Supreme Court of Canada in the Jordan case.
Kaulback was charged in February 2013 and July 2014 with using a computer to lure — for a sexual purpose — a child whom he believed was under the age of 16.
He was a member of the Hopedale RCMP detachment when the first charge was filed.
The charges involved different complainants in different communities, and were alleged to have taken place in late 2012 and early 2013.
Jordan decision deadlines
The Jordan decision imposed a deadline of 18 months for provincial court cases to be concluded. In Supreme Court, the deadline is 30 months.
In last year's decision to stay charges against Kaulback, the judge attributed eight months of delay to defence efforts to retain counsel, and the balance of 33 months to "inherent, institutional and Crown delay."
But the Court of Appeal concluded that Joy erred in how he calculated those timelines.
"Applying the Jordan analysis, the delay in respect of both charges falls below the presumptive ceiling," Justice Gale Welsh wrote.
"In the result, I would allow the appeal and order that trials proceed without delay on both charges."