Nova Scotia

Lawyer's appointment to judiciary forces delay in Nova Scotia murder trial

A high-profile criminal trial is now in limbo following a judicial appointment by the Nova Scotia government on Friday.

5 weeks have been set aside for trial of Adam Drake in killing of battle-rapper Pat Stay

A man wears a medical mask under his nose and looks toward the camera.
Adam Drake is accused of killing battle-rapper Pat Stay in September 2022. (Robert Short/CBC)

A high-profile criminal trial is now in limbo following an appointment to the judiciary by the Nova Scotia government on Friday.

Ian Hutchison is one of two men named to the provincial court by Justice Minister Barbara Adams.

Until the appointment, Hutchison was the lawyer for Adam Joseph Drake, 33, who was scheduled to go on trial starting Monday on a charge of first-degree murder.

Drake is accused of killing battle-rapper Pat Stay in September 2022. Stay was stabbed outside a bar in downtown Halifax and died later in hospital. Drake was arrested a few days later.

Five weeks have been set aside for Drake's jury trial at the courthouse in Burnside. Prospective jurors are now being told to hold off for a week and not report to court until Sept. 16.

In the meantime, lawyers will convene next Thursday afternoon to discuss with the judge when and how the trial can be salvaged.

It is customary when a lawyer is appointed to the bench that they walk away from their previous work. Hutchison has been a high-profile defence lawyer in the Halifax area since 2007.

A bald man is shown wearing a suit.
Ian Hutchison was set to represent Adam Drake, but has been appointed to provincial court as a judge. (Robert Short/CBC)

According to a deadline established by the Supreme Court of Canada, matters being heard at the Supreme Court level in the provinces must be completed in 30 months. Drake has been charged for 24 months.

The other lawyer appointed to the bench on Friday is Jamie Van Wart. Until his appointment, Van Wart was a youth prosecutor with the Public Prosecution Service.

Van Wart also served as counsel to the Mass Casualty Commission that investigated the murders of 22 Nova Scotians in April 2020.

ABOUT THE AUTHOR

Blair Rhodes

Reporter

Blair Rhodes has been a journalist for more than 40 years, the last 31 with CBC. His primary focus is on stories of crime and public safety. He can be reached at blair.rhodes@cbc.ca