Canada

An N.L. man is accused of abusing boys. His lawyer wants charges tossed due to delays

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Tony Humby is led out of a provincial court room in St. John's, N.L., on March 19, 2025. THE CANADIAN PRESS/Sarah Smellie

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ST. JOHN’S — The lawyer for a man accused of sexually abusing and exploiting teenage boys in St. John’s, N.L., says many charges against his client should be set aside because of trial delays.

Mark Gruchy began arguments in provincial court today in favour of a so-called Jordan application in the case of Tony Humby, who is on trial for more than 70 charges.

Humby was first arrested in April 2023, when he was 62, and his trial has dragged on for more than a year.

Lawyers can file Jordan applications when legal proceedings in provincial court exceed 18 months, as set out by the Supreme Court of Canada’s landmark R. v. Jordan decision in 2016.

Exceeding Jordan limits can be justified in complex cases, but Gruchy told the court he felt there were some delays that would be difficult to justify with complexity alone.

In her closing arguments Wednesday, Crown prosecutor Deidre Badcock said Humby had a pattern of befriending teen boys in group homes — at least one as young as 12 — and giving them drugs and alcohol, often in exchange for sex.

Shreya Virani, executive director of the Canadian Resource Centre for Victims of Crime, says victims can feel the justice system failed them when charges are stayed or tossed out because of Jordan applications.

“While the right to a trial within a reasonable time is an important constitutional protection, the consequences of delay are not experienced by the accused alone,” Virani said in an emailed statement.

“Victims can spend years waiting for a case to move through the justice system, often while carrying the ongoing emotional impact of the crime,” she added. “In cases involving sexual violence, particularly where the victims were children or youth, this can be especially difficult.”

In a review last year, the Office of the Federal Ombudsperson for Victims of Crime pointed to reporting from CBC News that found at least 268 sexual assault cases across Canada had been stayed because of unreasonable delays since the 2016 Jordan decision.

“Maintaining the current approach to R v. Jordan is unsustainable,” said the report, called Rethinking Justice for Survivors of Sexual Violence: A systemic investigation.

“It is compromising access to justice, violating victim rights to protection and participation and undermining public confidence in the judicial system in Canada.”

This report by The Canadian Press was first published Sept. 24, 2026

Sarah Smellie, The Canadian Press

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