Criminal Code changes complicate historical sexual assault case

Recent changes to the Criminal Code of Canada are causing problems for a Nova Scotia court case involving 91 sex-related charges against a former Halifax-area teacher and coach.

The charges against Michael Patrick McNutt, 66, involve 33 alleged victims.

The changes, introduced by former justice minister Jodi Wilson-Raybould, eliminate preliminary inquiries for all but the most serious offences — those with a potential sentence of 14 years or more.

Some, but not all, of the offences McNutt faces meet that threshold.

But given all the charges are currently being prosecuted together, Crown attorney Mark Heerema said one of the questions is whether McNutt is entitled to a preliminary inquiry on all of them.

"So, courts are struggling to understand how we should transition these new rules with existing cases, and that's the essence of this two-week delay that the defence requested," he said Monday outside Dartmouth provincial court.

Awaiting Ontario court

Lawyers for McNutt were supposed to enter pleas Monday and elect which level of court they want to hear the case. Instead, they requested a delay, in part to await a ruling by the Ontario Court of Appeal.

That court is conducting a hearing this week that addresses the issue of preliminary inquiries in the new legislation. Heerema said lawyers in Nova Scotia are expecting a speedy decision from the Ontario court.

"We're doing our best to ensure that we proceed quickly, though responsibly, and the recent amendments to the Criminal Code make that a challenge, certainly," Heerema said.

"But we're confident we will be able to address it and this two-week delay hopefully will prove to the benefit of these proceedings."

McNutt was not in court for Monday's brief appearance. He's free on conditions. He also has prior convictions for other sex offences against young boys. A number of his victims have launched civil lawsuits against him. 

These latest charges will return to court in November.