Tony Humby's trial was supposed to end this week. Instead, dates are booked into 2026
Defence lawyer says it's too soon to talk about impact of delays on client's fate
After nearly eight weeks of delays, talk of the Jordan decision has made its way into the trial of Tony Humby — a man facing 72 charges related to the alleged abuse and exploitation of vulnerable youths over a period of almost 20 years.
The Jordan ruling, handed down by the Supreme Court of Canada in 2016, set firm timelines for when trials should be completed. Many cases, including in this province, have been tossed as a result.
Humby's lawyer, Mark Gruchy, recently informed the court he wouldn't be able to schedule time to finish the much-delayed trial until the spring of 2026 — three years after his client was first arrested.
Crown prosecutor Deidre Badcock gave an impassioned speech before Judge Rolf Pritchard on Wednesday, saying Humby's right to a timely trial is clashing with his right to choose his own lawyer.
"There are these competing rights," Badcock said. "And at this point they are not aligned."
According to the Jordan ruling, cases at the provincial court level must be concluded within 18 months of a charge being laid. Humby was first arrested in April 2023 — more than 25 months ago.
The ruling comes with exceptions. Delays caused by the defence do not count toward the deadline.
That means the biggest delay in the case so far, caused when Humby chose to change lawyers in April 2024, would be subtracted.
But the latest round of delays, which upended the eight-week trial scheduled for this spring, may not be so black and white.
Gruchy filed an application on the eve of the trial, after the "inadvertent disclosure" of a document related to one of the complainants. That sparked a series of applications, one after another, that ate up all the time allotted for trial.
Judge Pritchard has not ruled on who was responsible for those delays, and indicated in court that it would be premature to deal with any Jordan issues at this point.
On Wednesday, Badcock said Humby should file a waiver of delay if his lawyer isn't available to conclude matters until April of next year. A waiver would mean the time lost wouldn't count in the calculations of any future application to have his charges tossed.
Gruchy said that wouldn't be happening.
"Mr. Humby is not waiving his right to a speedy trial," Gruchy said.
The defence took issue with Badcock raising the issue at all.
"I am avoiding all comment at this time with respect to anything which would go to litigation of a Jordan issue in this case because this is a complicated state of affairs," Gruchy said.
"My friend has said some things. I don't think this is the time or place or forum for it."
'Piecemeal' trial could have major issues, Crown says
The court has two more weeks scheduled between now and the end of June, then roughly four more weeks of trial dates from late August through early November.
There would then be a five-month gap before matters resume in the spring of 2026.
Badcock said that could present major problems for witnesses who begin their testimony in 2025 and would have to continue in 2026.
"There's going to be a very choppy piecemeal trial," she said. "I'm concerned about how that will look. I'm concerned about how any of us are going to be able to follow it. I'm concerned about the impact it will have on witnesses. I'm concerned about witnesses being under oath."
She said it also causes problems for many of the police witnesses, whose postings have changed since the case began. The lead investigator, for example, had her transfer to Labrador West delayed by a month so she could be available in case the trial began.
Gruchy, meanwhile, said he's given the court his entire calendar and is being transparent about his availability.
The judge said he's not in a position to tell Gruchy to drop clients or rearrange his schedule, and agreed with Gruchy that it was premature to speak about Jordan issues when no application has been filed by the defence.
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