Island man convicted of sex crimes to stay in N.S. prison while waiting on appeals, upcoming trial
Blair Shane Somers filed an appeal to his conviction in October, the month after he was sentenced
An Island man who used to live in Cornwall but is now serving six years in a federal penitentiary for sex crimes against a minor will have to stay in prison as he waits for his case to proceed before the P.E.I. Court of Appeal.
Blair Shane Somers, 57, was convicted after a five-day trial in June on charges of sexual interference and invitation to sexual touching against a victim under the age of 16.
A publication ban is in place to protect the identity of the victim, who the original trial judge called a "little girl." She was 12 when Somers first assaulted her.
He was sentenced to six years in jail, which he's serving at the Springhill Institution in Nova Scotia.
Somers has since filed an appeal of that conviction on the legal grounds that Justice John Mitchell made errors during the trial.
That will be determined during the appeal, but in the meantime, Somers asked to be released from jail — a request court records show has been denied by Justice Thomas Laughlin.
Community safety grounds for denial
Somers filed his appeal in October and then asked the court to release him from custody during a hearing in December.
Somers's lawyer argued he should be released because his appeal has merit, saying Somers would comply with any conditions if released and that keeping him in prison was not necessary for public safety.
In the release plan filed in court, Somers proposed he would move in with his girlfriend of about two years, and she and her sister would act as his sureties — putting up money if he failed to comply with any of the conditions of his release.
Those conditions would include staying in the province, avoiding children under 16, checking in with police weekly, and being on electronic monitoring.
"While I believe the two sureties proposed by the appellant mean well, I am not convinced either will be able to provide meaning supervision," reads Laughlin's written decision.
"This is related to both their personal connection to the appellant, as well as the nature of the appellant's employment should he be released."
Somers's proposed release plan suggested he would continue working in the construction industry as a contractor, which the judge said may put him in contact with people under the age of 16, even if he tried to avoid those jobs.
The public's confidence in the administration of justice also requires the Appellant's continued detention.— Christopher White, Crown attorney
Laughlin also mentioned Somers's prior convictions for similar crimes, as this matter is one of three currently before the courts.
Somers is waiting on a decision on another appeal for a sexual assault he was convicted of in provincial court in 2023.
He also has two other charges that have not been proven before the P.E.I. Supreme Court: sexual assault and sexual interference of a person under 16 years old.
'Substantial' risk to public safety
In written submissions, the Crown categorized Somers's risk to public safety as "substantial."
"This represents a continuing and troubling pattern of sexual abuse against at least two victims, covering a period of many years," wrote Crown attorney Christopher White.
"The public's confidence in the administration of justice also requires the Appellant's continued detention."
Somers has pleaded not guilty to the two charges before the Supreme Court. A trial date has not been set, and he is scheduled to be back in court on Feb. 11.
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