Warning: This article contains disturbing details that may be triggering for readers.
A Midland, Ont. judge has stayed charges against a Waverley man accused of historical sex crimes after the defence argued the Crown violated his right to a trial within a reasonable amount of time.
The ruling by Justice Philop John Brissette came eight months after the trial of Robert Moroziuk, 51, got underway, as the defence successfully argued Moroziuk’s right to a speedy trial under Section 11 (b) of the Canadian Charter of Rights and Freedoms was violated due to delay from the prosecution.
Moroziuk faced nine criminal counts, including sexual assault, sexual interference, invitation to sexual touching, and forcible confinement, accused by two young women who say they were children between five and twelve years of age when Moroziuk sexually violated them about a decade ago.
Moroziuk was arrested 20 months ago in June 2024 and has been out on bail since then.
His trial, which started in June 2025 and continued through September, was supposed to hear closing submissions Friday in Midland; instead, the proceedings ended abruptly.
Both complainants testified Moroziuk fondled them, saying Moroziuk described the touching as “tickling.”
One of the complainants testified, telling her parents what happened about nine years ago, but they decided not to get the criminal justice system involved. The complainant said she only came forward to police after speaking with a counsellor.
The second complainant took the witness stand, telling the court Moroziuk made comments about her breast size and touched her breasts. She testified Moroziuk kissed her on the lips and exposed his genitals to her.
Responding to the staying of charges Moroziuk’s lawyer, Andrew Knott, told CTV News, “Everyone has the right to be tried within a reasonable time,” adding, “The threshold has been breached to be tried within a reasonable time, so the only recourse in this instance, for institutional complacency, is a stay.” Knott said the ruling by Justice Brissette was “the right outcome.”
Section 11(b) under the Canadian Charter of Rights and Freedoms requires a trial in the Ontario Court of Justice to be held within 18 months.
The defence reiterated Robert Moroziuk maintains his innocence.
