Despite a nearly three-year delay in getting his trial concluded, former teacher Jason Selby wasn’t a victim of unreasonable delay, a judge ruled Wednesday. Justice Sean Dunnigan said more than half the time it will take to conclude Selby’s trial in July on allegations he sexually abused a former student was attributable to the defence. The Calgary Court of Justice judge noted on two occasions defence counsel Alain Hepner “unequivocally” waived delay in the case, meaning those time periods were not the result of court or Crown conduct.
“Total defence delay, or waiver is 588 days,” Dunnigan said, in calculating whether Selby’s case exceeded the lower court ceiling established by the Supreme Court in the Jordan case of 18 months. “The remaining delay is 516 days, which is below the Jordan ceiling by 32 days.” Selby was originally charged on July 23, 2021, in connection with a sexual relationship he had with a student after her graduation in June, 2018.
Selby, 40, had been her teacher in the fall of 2017. He faces a charge of sexual exploitation of a person under his trust or authority. The case has had multiple starts and stops based on a motion by Hepner to apply to cross-examine the complainant on past sexual history.
The alleged victim’s availability has also been an ongoing concern which has resulted in longer adjournments to accommodate the fact she is at school overseas. In making their application for a judicial stay in violation of Selby’s Charter .
