Nunavut court: Accused Iqaluit teacher chooses new lawyer

Aqsarniit teacher’s trial date could be set July 15

By JIM BELL

Mark Caine, an Aqsarniit Middle School teacher who faces three counts of sexual interference, is set to appear in court July 15 with a new Toronto-based lawyer.

At a brief court appearance June 3, Caine confirmed he no longer wishes to be represented by Edmonton lawyer Laura Stevens.

Instead, he’s chosen Toronto lawyer Julian Roy, who’s with the Falconer Charney firm.

The firm’s website states that, “at Falconer Charney LLP our lawyers strive to make the justice system act as an engine for social change.”

Caine’s new lawyer must apply for a document called a “restricted appearance certificate,” which allows lawyers who aren’t members of the Nunavut law society to practice in Nunavut.

Justice Robert Kilpatrick said the July 15 court appearance will likely be used to set a date for a trial on the three charges.

None of the allegations against Caine have been proven in court. RCMP members laid the three charges against Caine this past March 29.

Since then he has been suspended, with pay, from his teaching job.

He is also released on a set of conditions that allow him to spend time in Toronto while waiting for the court to deal with the three charges.

He may leave Nunavut as long as he has a return ticket, is forbidden to go to Aqsarniit Middle School between 7 a.m. and 6 p.m., and is to have no contact with persons under the age of 16.

Iqaluit lawyer Christian Lyon told court June 3 that Caine and his new lawyer will likely seek a variance to that order that allows him to spend time in Toronto with his young son.

The offence 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 16 or a sexual purpose, indirectly or directly, with a body part or an object.

Any person found guilty of that offence in a summary conviction process faces up to 18 months in jail and a mandatory minimum jail term of 90 days.

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