Trial to resume in February for Moncton man accused of attempting to kill teacher

The trial of a Moncton man accused of attempting to murder a Riverview teacher in 2021 will continue in February, eight months after it came to a halt.

Janson Bryan Baker, 27, faces 16 charges, including attempted murder, for shooting teacher Christopher Leger with a sawed-off 12-gauge shotgun outside Riverview High School on Jan. 5, 2021. Leger was shot in the arm and shoulder.

Baker's trial by judge alone in Moncton's Court of King's Bench began May 27. The trial halted June 3 to give Baker's lawyer, Alex Pate, time to secure an expert witness for his defence about whether his client had the capacity to form intent at the time of the alleged attack.

The trial continuation dates were set during an appearance Monday, after Pate and Crown prosecutor Malika Levesque explained that conflicting schedules meant they would not both be available until the new year.

Judge concerned about delay

Justice Richard Petrie scheduled the case to continue the week of Feb. 3, after expressing disappointment in the delay.

"I really am just not happy," Petrie told the lawyers as dates were discussed. "I'm not sure what I can do in the circumstances."

He later called it a "very lengthy adjournment," saying he was concerned with the appearance of the administration of justice. 

A 2016 Supreme Court of Canada decision says the maximum timespan from when charges are laid to the completion of a trail should be 18 months in provincial court and 30 months in the Court of King's Bench. Delays beyond those timelines could result in charges being dismissed.

Baker was charged in February 2021, meaning 48 months will have passed by February next year, when the trial is now expected to conclude. Petrie said the defence is taking responsibility for the delay, meaning it won't count toward the trial time limit.

Baker was originally scheduled to stand trial in early 2023 but the dates were cancelled because he changed lawyers. The trial was rescheduled for early 2024 but was delayed because Baker changed lawyers again.

At a previous court appearance, Pate said they had secured an Ontario forensic psychiatrist who would interview Baker and prepare a report. That's expected to take place this fall.

On Monday, Pate said the Crown will also be able to have its own expert witness interview Baker. That could mean two expert witnesses testifying about Baker's ability to form intent when the trial resumes.

Baker's trial was scheduled to last up to four weeks this year, but he admitted to details that shortened the number of witnesses the Crown called to testify.

In an agreed statement of facts, Baker says he admits he committed the actus reus of the offences, a Latin phrase meaning guilty act. It's one component of a crime, with the other being the mens rea, or intention or knowledge of wrongdoing. 

The agreed statement of facts says Baker was the lone occupant of a 2020 Hyundai Elantra on Jan. 5, 2021, on the Riverview High School property when he drove up to Leger and Joshua Hebb, threatened them, pointed the shotgun at them and then shot Leger.

It says Baker then fled and was located in Amherst, N.S., the following day. He has been in custody since then.

Pate has said the defence wanted to find an expert witness to address whether intoxication would affect Baker's ability to form intent, given his level of intoxication at the time.