Nova Scotia sexual assault case against RCMP officer stayed due to delays, sparking debate on restorative justice

A judge stayed the sexual assault trial of RCMP Const. William McNutt in Nova Scotia due to unreasonable delays under the Jordan framework. The complainant advocates for restorative justice, which remains unavailable for such cases in the province due to a moratorium from 2000, despite new federal legislation encouraging alternatives to stays.

RCMP Const. William McNutt, 41, had his first sexual assault trial stayed by Judge Ian Hutchison on May 26 because the proceedings would have exceeded the reasonable time limits set by the Jordan framework. Editorial illustration

The stay leaves the complainant without justice through the criminal system. She alleges that in early 2023, McNutt choked her and threatened to rape her if she did not perform oral sex. These allegations led to charges of sexual assault, choking, and uttering threats filed in July 2024.

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Following the stay, the complainant has advocated for restorative justice as an alternative path to accountability. However, restorative justice is currently not available for sexual assault cases in Nova Scotia due to a moratorium implemented in 2000 regarding survivor safety and power imbalances.

This case highlights broader systemic issues within the province's legal landscape. Since 2016, 23 sexual assault-related charge cases in Nova Scotia have been stayed due to delays and the Jordan deadline. The Jordan framework sets reasonable time limits of 18 months for provincial court cases and 30 months for Superior Court cases. McNutt’s trial was projected to last 24 months, exceeding these thresholds.

New federal legislation, Bill C-16, effective across Canada this summer, mandates courts to consider alternatives to staying proceedings when facing Jordan deadlines. It also gives victims the right to information about restorative justice options. Despite this, provincial authorities have not confirmed if they are reconsidering the local ban on such processes for sexual assault crimes.

McNutt has been suspended without pay from the RCMP pending the outcome of criminal trials and an internal code of conduct process. In a separate matter, McNutt was acquitted of sexual assault charges involving a second complainant, with an appeal scheduled for Nov. 4 at Amherst Supreme Court. A third case is scheduled for Oct. 19 at Shubenacadie provincial court.

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