More dismissed criminal cases directed to reappear in N.W.T. Territorial Court

The Court of Appeal for the Northwest Territories has deemed a trial judge's decision "unreasonable" in dismissing three criminal cases when a Crown prosecutor missed her flight to attend the court circuit. 

On Nov. 19, 2020, Justice Donovan Molloy dismissed 53 charges against 14 people when Crown prosecutor Mina Connelly missed her flight to attend court in Hay River. 

Connelly made arrangements to appear by phone instead, but was told that Molloy had refused her request to appear by phone. 

The Crown's office appealed most but not all of those dismissals.

A three-judge panel made the decision Wednesday in a written memorandum of judgment.

The panel said that "it was an error of principle to dismiss these serious charges merely to send a message to the Crown prosecutor's office."  

It said it was also problematic that Connelly was never given an opportunity to explain why she was late, and that Molloy never gave reasons for why she was denied the opportunity to appear by telephone – even though Connelly "was under no obligation to fly down and appear in person."

The panel allowed the appeals, and set aside Molloy's orders to dismiss the charges. 

In addressing Connelly's absence at the 2020 Hay River courtroom, Molloy said, "It is up to defence counsel as to whether or not they are going to seek any dismissal for want of prosecution, and if they do, I will exercise my discretion accordingly."

Wednesday's rulling said that "trial judges should not initiate steps in the proceedings," and that Molloy's "invitation to apply for dismissal undermined the appearance of the court's impartiality."

The panel's decision comes days after Supreme Court Judge Louise Charbonneau reversed eight other dismissals Molloy made on the same day. 

The appeals were dealt with at different levels of court because they were at different stages when they were dismissed.

The eight cases overturned Friday by Charbonneau had been deemed summary conviction matters — which are less serious offences. 

When charges first go to court they are presumed indictable – more serious offences – which is the case of the three remaining charges the panel handled. 

All of the case dismissals reversed by both Charbonneau and the panel are directed to reappear in N.W.T. Territorial Court.