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Tony Humby wants 72 sexual violence charges thrown out due to unfair delays

Tony Humby wants 72 sexual violence charges thrown out due to unfair delays

CBC5 days ago
A man charged with dozens of counts of sexual violence against youths over the span of two decades is filing an application to avoid trial on most of them, because of how long it's taken his case to progress through court.
Tony Humby is currently awaiting trial on 72 charges.
The trial was initially supposed to take place last year, but was postponed when he changed lawyers.
The rescheduled trial was scheduled to begin in March, and wrap up in May. But a series of pre-trial applications by the defence — held largely behind closed doors — meant that didn't happen.
The trial is now scheduled to begin in late August, and run intermittently until May 2026.
Mark Gruchy, Humby's lawyer, told the court Tuesday morning that he informed the Crown of his intent to proceed with the so-called Jordan application, adding that it is now three-quarters done.
"That will be filed this week," Gruchy said.
He said the question now is when the application would be heard, with the trial date looming.
Crown prosecutor Deidre Badcock expressed concern.
"Dating back to 2023, we've been sitting in court on these matters," Badcock said.
"In order to respond to a Jordan [application], even if it's filed here at the end of this week, which is August, to say that we're going to be able to adjudicate this and have the Crown present a reply brief by Aug. 27 and deal with that substantively, is the definition of unfair."
Badcock indicated that she wants to start calling witnesses on Aug. 27 if the Jordan application can't be adjudicated before then.
"I'd like to start the trial," she said.
Gruchy did not take exception to that, as long as it's clear that the defence has raised the issue of Jordan.
"Whatever works in that regard is fine with me," he said.
Gruchy also noted that it will take some time for transcripts of past appearances to be prepared.
The matter was ultimately set over for a status update before Judge Rolf Pritchard next week.
In the landmark Jordan decision a decade ago, the Supreme Court of Canada set timelines for trials to be concluded from the time someone is charged.
The limit is 18 months in provincial court, and 30 months in Supreme Court. Anything longer than that is presumed to be unreasonable, unless those delays can be justified.
Humby's case is being heard at provincial court. He has been in custody since his initial arrest in April 2023.
In total, Humby is facing 89 charges.
The pending trial on 72 counts involves 11 youth complainants.
Late last year, Humby was charged with seven counts of trafficking persons under the age of 18.
In early 2025, eight additional charges were filed against Humby, related to another youth complainant.
Separately, Humby has also been charged with two counts of sexual assault for incidents in the fall of 2023, while he was on remand at Her Majesty's Penitentiary.
No trial dates have been set for those other matters.
On Tuesday, Badcock stressed the importance of moving those cases along through the courts.
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