R. v. Rector, 2013 NSPC 40

PROVINCIAL COURT OF NOVA SCOTIA Citation: R. v. Rector, 2013 NSPC 40 Date: 20130516 Docket: 2540751, 2540752 Registry: Pictou Between: Her Majesty the Queen v. Earl Gerald Rector COMMITTAL FOLLOWING PRELIMINARY INQUIRY Restriction on publication: Publication Ban pursuant to

Section 486.4(1) Criminal Code of Canada . IT IS ORDERED that any information that could identify the complainant shall not be published in any document or broadcast or transmitted in any way. Judge : The Honourable Judge Del Atwood Heard: 16 May 2013, in Pictou, Nova Scotia Charges: Between the 1 st day of September, 2009, and the 31 st day of January, 2012, at or near Pictou, Nova Scotia, did commit a sexual assault on C.H. contrary to Section 271(1) of the Criminal Code , and furthermore did for a sexual purpose touch directly with a part of his body the body of a person under the age of sixteen years, namely: C.H., contrary to

Section 151 (

a) of the Criminal Code . Counsel: Herman Felderhof, for the Nova Scotia Public Prosecution Service. Douglas Lloy, Nova Scotia Legal Aid, for Earl Gerald Rector By the Court : [ 1 ] Thank you very much. Accordingly where there is a consent to a committal, the court will order and direct that Mr.

Rector be committed as follows: [ 2 ] First of all, committed as charged in relation to Count #1. [ 3 ] In relation to Count #2, which is worded now as a s. 153 charge, it is clear that the charge is not made out as the complainant was under sixteen years of age during the relevant time period and not a “ young person ” as defined in sub-s. 153(2); that count will be amended to read as follows: Did, for a sexual purpose touch directly with a part of his body, the body of a person under the age of sixteen years, namely: C.H.,

contrary to

Section 151 (

a) of the Criminal Code . [ 4 ] There will be a committal on the amended Count # 2. The election remains the same so it ’ s election to Supreme Court, judge alone; I will point out that there is a publication ban in relation to the identification of the complainant that was ordered by the court on the first appearance under the provisions of

section 486.4 of the Criminal Code . [ 5 ] And we ’ ll set an appearance date for Mr. Rector ’ s arraignment in Supreme Court, please. [ 6 ] Court Reporter : June the 6 th . [ 7 ] The Court : 6 th of June, counsel? [ 8 ] Mr. Felderhof : Thank you, Your Honour. [ 9 ] Mr. Lloy : Yes, Your Honour, I think that ’ s .... [ 10 ] Mr. Felderhof : If I just might .... I better check to make sure. [ 11 ] Mr. Lloy : Pardon me just one second to make sure that ’ s ... [ 12 ] Mr. Felderhof : I ’ m in Provincial Court in Port Hawkesbury all day that day, Your Honour. [ 13 ] The Court : I see. [ 14 ] Mr.

Federhof : And I would own this particular matter. [ 15 ] The Court : I see. I means it ’ s simply an appearance presumably for the purpose of just setting a trial date. What would the next .... [ 16 ] Court Reporter : June 20 th . [ 17 ] Mr. Felderhof : I ’ m available that date, Your Honour. [ 18 ] The Court : Mr. Lloy? [ 19 ] Mr. Lloy : Yes, June 20 th is actually a little bit better for me, I think. [ 20 ] The Court : Thank you. Perfect. 20 th of June, 2013 at 9:30 a.m. in the Supreme Court in Pictou for the purposes of arraignment.

[ 21 ] Again, committal is by consent and Mr. Rector, your undertaking, order 1501547 will continue in full force and effect. There ’ s no need to amend the undertaking because it looks as though the undertaking ... when the 11.1 undertaking was done up, Cst. MacKay referred to the charges as 271 and 151 but something must have intervened that resulted in a 153 ... the officer decided to go with the 153 count. [ 22 ] Mrs. Cunningham, do we have the wording of the amended count? [ 23 ] Court Reporter : Yes. [ 24 ] The Court : Thank you very much. Mr.

Rector, the sheriff will give you a reminder slip of your next court date in Supreme Court, and once you have that sir, you ’ re free to go. And I ’ ll just return the exhibit for safekeeping. _______________________________________ J.P.C.