New trial ordered in case arising from feud between judges
The aftermath of a contentious battle involving a Nova Scotia provincial court judge continues to unfold, sparking debate and legal challenges within the judicial system.
In a recent development, the Nova Scotia Supreme Court has overturned a previous ruling that resulted in charges being stayed in a case where Judge Rickcola Brinton presided but never delivered a verdict. Brinton has been absent from the courtroom since the fall of 2021, following her refusal to disclose her vaccination status during the peak of the COVID-19 pandemic.
The conflict arose when the then-chief provincial court judge, Pam Williams, implemented a policy mandating full vaccination for judges to preside in Nova Scotia courtrooms. This decision led Brinton to take legal action against Williams, escalating tensions within the justice system.
Numerous cases, including that of Tanya Rhoda Prosper facing two charges of impaired driving dating back to 2019, were left pending when Brinton went on leave. After multiple delays and a declared mistrial, Prosper expressed concerns about the prolonged legal process. Subsequently, a new judge, Bronwyn Duffy, took over the case and on May 18, 2023, ruled in Prosper’s favor by staying the charges.
Following an appeal by the Crown, Supreme Court Justice Scott Norton overturned Duffy’s ruling and ordered a new trial for the impaired driving charges. Norton determined that Duffy had miscalculated the elapsed time and that Prosper had not experienced unreasonable delays. The scheduling of the new trial remains uncertain at this time.
This case is not the only one inherited by Duffy from Brinton that remained unresolved. In another instance, Duffy also issued a stay, a decision that was upheld by the Nova Scotia Court of Appeal.
The ongoing legal challenges and controversies surrounding this case serve as a stark reminder of the complexities and intricacies within the judicial system. As the fallout continues, it underscores the importance of upholding the principles of justice and ensuring fair and timely legal proceedings for all parties involved.
