Iqaluit teacher accused of sexual interference appears in Nunavut courtroom
Crown elects summary conviction, wins publication ban on name of accused
An Iqaluit teacher appeared in the Nunavut Court of Justice April 12. (FILE PHOTO)
Justice Andrew Mahar of the Nunavut Court of Justice granted a request from the Crown to impose a publication ban April 12 that prevents news media from reporting the identity of an Iqaluit teacher who faces three charges of sexual interference.
It’s a criminal offence for news organizations report the identities of complainants in cases involving sexual assault or sexual interference. But the identities of accused persons in such cases may normally be reported, unless courts issue special publication bans.
The accused teacher’s identity, as well the school he works for, have been widely circulated in recent radio reports, online news stories and the Nunatsiaq News April 12 print edition, printed two days before the ban came into effect.
The Crown says the three charges of sexual interference will be handled in a summary conviction process.
Sexual interference is a hybrid offence that can be prosecuted either by indictment or by summary conviction. Under a summary process, the accused waives his or her right to a preliminary inquiry or a jury trial, but if convicted, is subject to lesser penalty.
The crime of sexual interference, under section 151 of the Criminal Code, relates to the actions of a person who touches the body of any young person under the age of 16 or a sexual purpose, indirectly or directly, with a body part or an object.
Any person guilty of that offence on summary conviction is liable to imprisonment for up to 18 months and a mandatory minimum prison term of 90 days.
The RCMP announced the laying of charges March 29.
Wearing a hat with fur trim, black leather jacket, blue and grey plaid shirt, dark rinse jeans and white sneakers, the man appeared in court accompanied by a woman.
When proceedings started at 9:30 a.m., the Crown asked Justice of the Peace Nicole Sikma for a publication ban on the name of the accused.
The matter was moved from JP court to another courtroom upstairs, and then from that courtroom to a third, for reasons that were not made clear.
In the third courtroom, Crown prosecutor Paul Bychok said the Crown has elected to use a summary conviction process on the three charges of sexual interference.
Tamara Fairchild, who acted as agent for the man’s lawyer, asked to move the matter to May 6, a request that was granted by Justice Mahar.
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