Judge shortage pushes preliminary hearing for teen accused of killing Devan Selvey to 2021

A judge shortage in Hamilton means the preliminary hearing for the 14-year-old accused of killing Devan Selvey isn't scheduled to begin until January 2021.

The nearly year-long wait was announced by Justice Marjoh Agro during a brief court appearance Wednesday morning.

She explained the court is currently waiting on a judicial appointment, a situation that's forced justices to "triple and quadruple" their workload in recent months, meaning the only dates left open are next year.

The hearing is currently scheduled to take place during much of January and about half of February in 2021. A preliminary hearing is held to determine if there is enough evidence to take a case to a trial. It is typically done under a publication ban.

Friends and supporters of the Selvey family filled several benches in the courtroom. Many shook their heads in disbelief as they walked out of the courtroom.

"I think our court system needs some definite changes," said Laurie Dennison, the mother of Devan's girlfriend. "That's ridiculous."

Dennison said she was "baffled" when she heard the judge read out the proposed dates.

"My eyes watered up. Speaking for my daughter, this is a lot for her to go through at 14 for another year."

She added that's a long time for everyone who loved Devan —especially his mother and sister— to wait.

"This is hard for them to keep reliving this," she explained. "It's there constantly, justice needs to be served."

John Rosen, the accused's lawyer, declined to comment.

The 14-year-old sat in the prisoner's box during the appearance but did not speak.

He was arrested, along with his 18-year-old brother following the stabbing behind Sir Winston Churchill Secondary School on Oct. 7. 

Both teens were initially charged with first-degree murder, but the charges against the older teen were later reduced, leaving the younger sibling as the one accused of the killing.

Judge hoping 2020 dates possible

Justice Agro said the lawyers involved in the case were able to find dates in 2020 that worked for both of them, but there isn't a judge available.

The judge said she'll be making a special request to the regional senior justice to see if they can get help finding another justice who could oversee the hearing sooner.

If that happens, the preliminary trial could take place in September and November 2020.