A technicality was enough for a justice of the peace to throw out the charges brought against a principal and two vice-principals for failing to report an assault on a minor.
The charges against the trio from C.W. Jefferys Collegiate were sworn well past the six-month limit allowed under the Provincial Offences Act, Justice of the Peace Gabriel John said.
The decision pivoted on when the clock on the six months started ticking — once an alleged offence occurs or the time it is discovered.
In a death that rocked the city, Jordan Manners became the first student shot to death in a Toronto school in May 2007.
Six months later, in December, charges under the Child and Family Services Act were brought against three administrators, principal Charis Newton-Thompson and vice-principals Silvio Tallevi and Stan Gordon, for failing to report the assault to police.
That was 15 months after the alleged assault occurred. Noting the time frame, John rhetorically questioned whether the Crown should be able to extend the limitation period from six months and subject the trio to an “unanticipated change” in rules.
