PEI

Man who failed to isolate has other charges sent to alternative measures

A Charlottetown man who is awaiting sentencing for failure to self-isolate due to COVID-19 has had other criminal charges sent to the alternative measures program.

Has to admit responsibility, take remedial action

The case has generated accusations of racial bias in the justice system and news media. (Brian Higgins/CBC)

A Charlottetown man who is awaiting sentencing for failure to self-isolate due to COVID-19 has had other criminal charges sent to an alternative measures program.

Javan Nsangira, 22, was not present in provincial court in Charlottetown Thursday, when Crown Prosecutor Jeffrey MacDonald recommended the use of alternative measures.

Nsangira previously pleaded guilty to a criminal charge of failing to self-isolate and endangering the public, after he tested positive for COVID-19 in July.

He also faced charges of assault, uttering a threat and damage to private property, in relation to a domestic disturbance the day of his arrest by Charlottetown police.

The female victim told police at the time that Nsangira's mental state had been "odd recently and he had not acted like this before," according to an agreed statement of facts previously presented in P.E.I. Supreme Court.

The prosecutor's decision to recommend alternative measures for Nsangira means he will not be prosecuted for the charges arising out of the domestic incident.

An alternative measures agreement typically requires the accused person to admit the facts of the allegations, accept responsibility, and take remedial action as directed by justice officials.

MacDonald told court Nsangira has signed an alternative measures agreement. Defence lawyer Conor Mullin spoke by teleconference, for the accused.

Nsangira was kept in jail following his arrest July 17, and was released Sept. 8 after pleading guilty to the charge of failing to self-isolate.

The case had generated public protests outside the Charlottetown court house in recent weeks. Demonstrators have said Nsangira is being treated unfairly by the justice system and by the news media because he is Black.

No demonstrators were outside court Thursday.

Javan Nsangira will return to P.E.I. Supreme Court in January for sentencing for failure to self-isolate.

Also in January, Provincial Court Judge Jeff Lantz will review the status of Nsangira's alternative measures program. 

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