Alberta court rejects attempt to separate charges citing employment relationship
The Court of King's Bench of Alberta recently dealt with an application to sever multiple sexual assault charges against a nightclub manager who allegedly assaulted eight different complainants over a 13-year period. The case discussed issues regarding the conduct of individuals in supervisory positions.
The nightclub manager applied to have the eight counts separated into seven distinct trials. His defence argued that trying all charges together would create unfair prejudice, that the incidents lacked sufficient connection to each other, and that he might want to testify on some counts but not others. They claimed the combined allegations spanned too long a timeframe to be tried fairly together.
The Crown opposed the application, arguing that the cases shared substantial similarities in pattern and method that justified hearing them together. The court needed to balance several factors including potential prejudice, legal connections between counts, evidence complexity, and judicial efficiency in determining whether separation would serve the interests of justice.
The case involved eight separate charges of sexual assault against different complainants who worked in the hospitality industry. The indictment covered incidents from 2006 to 2019, with each charge involving a different complainant who worked in bars and nightclubs.
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