N.S. Liberals say government failing to stem court delays as child porn case stayed

HALIFAX – Nova Scotia’s Liberal opposition is sounding the alarm over shortfalls in court resources after a 38-year-old man charged with child pornography offences had his case stayed due to delays.

Last week, the prosecution of Nathaniel Matheson on two counts of allegedly distributing child porn was dropped by judge Bryna Hatt in Antigonish provincial court.

She cited the 2016 Supreme Court of Canada Jordan ruling, which says defendants have the right to be tried within 18 months of the time of being charged before provincial courts.

In her April 12 ruling, Hatt noted Matheson was charged in January 2021 and that most of the delay in his case was due to the lack of availability of a judge to hear the trial.

A spokeswoman for the province’s public prosecution service says there have been 71 applications for stays under the Jordan decision rules since 2017, with 24 stays being granted due to delays.

The Liberals say in a release today that the child porn case demonstrates the Progressive Conservative government hasn’t moved swiftly enough to appoint new judges and find ways to decrease court delays.

This report by The Canadian Press was first published April 19, 2023.