WESTLOCK – A preliminary hearing for two people facing robbery and a firearm’s charge wasn’t able to proceed in Westlock Court of Justice on Dec. 11 because the witness didn’t show up.
Desiree Boucher and Christopher James Brouillard are charged with robbery and using an imitation firearm. Brouillard is additionally charged with unlawful confinement.
Crown prosecutor Eric Mosley asked the court for an adjournment saying that his key witness was in the hospital and he can’t proceed without her.
Defence objected saying the adjournment comes at the “eleventh hour” adding that the witness wasn’t served and there is no medical evidence to substantiate the claim that the witness is in the hospital.
Justice Gordon Rice said the “charges are pretty serious,” and granted the Crown’s request for an adjournment to Jan. 8. The Crown is proceeding by indictment.
Justice Rice said that the witness has been in contact with both the crown and victim services and this is the first time the hearing has been adjourned.
Mosley said the delay will be on the Crown. In 2016 the Supreme Court of Canada ruled cases must be heard within a certain time frame. The Jordan Decision stipulates that once charges are laid, provincial cases must be heard within 18 months and superior court cases within 30 months.
Boucher and Brouillard elected to be tried by judge and jury.
