P.E.I. school guidance counsellor accused of sex crimes chooses jury trial

The case against a P.E.I. school guidance counsellor accused of sex crimes against a minor will be heard by a judge and jury in P.E.I. Supreme Court — if it goes to trial.

Bethany Jean Toombs, 41, has not yet appeared in person at any of her court dates. Her lawyer, Chris Montigny, told provincial court in Charlottetown Monday that she had opted for a judge and jury trial.

Toombs has been charged with sexual assault, sexual interference and invitation to sexual touching — all against a victim who is a minor. 

No information about the victim's identity or Toombs's connection to that person has been revealed in court. Even when it is, it cannot be shared in the media due to a publication ban put in place to protect the victim.

Montigny is also seeking a preliminary hearing on the charges Toombs is facing. That's an inquiry held ahead of a trial to decide whether there is enough evidence to proceed. 

During that two-day process, Crown attorney Christopher White would present the most important parts of the case against Toombs in provincial court, which could include calling witnesses. Material presented during a preliminary hearing is almost always under a strict publication ban. 

Provincial court judge Nancy Orr then has two options: either dismiss one or more charges if she believes there is not enough evidence, or send the matter to P.E.I.'s superior court. 

Orr told the court that only the sexual interference and invitation to sexual touching charges would be eligible for the preliminary hearing. That means the sexual assault charge will proceed to the Supreme Court regardless. 

Toombs has not yet entered a plea on any of the three charges, and does not need to do so until she appears at the Supreme Court of Prince Edward Island.

Separately, she faces a charge for allowing a youth to consume cannabis, which is against the province's Cannabis Control Act. That will be dealt with in provincial court at the time of the preliminary hearing, scheduled for Feb. 25 and 28, 2025.

Teaching licence suspended

Toombs worked as a guidance counsellor at East Wiltshire School in Cornwall before her arrest. The Public Schools Branch has said it is co-operating fully with the investigation and its procedure is to place employees facing such charges on leave.

Officials with the Department of Education have also told CBC News that Toombs's teaching licence has been suspended while she proceeds through court, subject to a committee's investigations and recommendations. 

The case against Toombs is next due in court Jan. 22, 2025.