Photo by Whitehorse Star
Officer ‘under a lot of stress and anxiety’
The defence team for a police officer charged with assault announced today it will file a Charter application for unreasonable delays after another adjournment pushed back the officer’s sentencing hearing.
The defence team for a police officer charged with assault announced today it will file a Charter application for unreasonable delays after another adjournment pushed back the officer’s sentencing hearing.
“Mr. Potter wants the matter to be dealt with, he is under a lot of stress and anxiety,” said John Cliffe, one of Const. Jason Potter’s lawyers, noting the sentencing has implications for his career.
Cliffe said he intends to bring the Charter of Rights and Freedoms application under section 11b, which states, “Any person charged with an offence has the right (...) to be tried within a reasonable time.”
Potter pleaded guilty to one count of assault back on Aug. 26, 2015.
The sentencing was first scheduled for Oct. 28 of last year. It was then adjourned to Dec. 4, then further adjourned to the next year.
But because the matter involves a police officer, Peter La Prairie, a Crown prosecutor from Outside, is in charge of the case.
Neither La Prairie nor other prosecutors from Outside who are members of the Yukon Bar were available to hear the matter in February, local Crown prosecutor Noel Sinclair, who was appearing for La Prairie, told the court today.
Both adjournments in 2015 were as a result of the defence’s strategy, he added.
“The prejudice to Mr. Potter is attenuated because he has entered a guilty plea,” said Sinclair.
“My understanding is that he continues to be employed by the RCMP but is on administrative duties.”
The defence maintained they consented to the second adjournment with the understanding a sentencing hearing would take place early in the new year.
Sentencing has been scheduled for April 6 and 7.
Potter was charged last summer after an incident on May 15, where he assaulted and allegedly threatened a Carcross man.
The man was under arrest and in a police cruiser at the time of the assault.
Duke Beattie was charged with threatening to cause bodily harm to Potter, Potter’s wife and Const. Dan Rouleau, who was also on the scene, as well as resisting arrest.
The charges were dropped 10 days later.
Potter was also charged with uttering threats, but had not entered a plea for that charge yet.
Last August, Yukon RCMP told the Star a conviction wouldn’t necessarily mean Potter would lose his job with the police force.
“It’s dependent on each individual set of circumstances .... There’s a general range of options that could be undertaken,” Sgt. Brad Kaeding said at the time.
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Comments (15)
Up 24 Down 16
Nope on Jan 18, 2016 at 9:36 am
@Yup "Innocent people don't get hauled into the back of a cruiser." Wow. I hope that's the most uninformed comment I read this week. Speaking of reading, maybe you should consult a newspaper or book once in awhile, instead of your own assumptions.
Up 26 Down 25
support for victims should be available on Jan 18, 2016 at 9:32 am
We all wish court cases could of faster. Hopefully this will be a wakeup call to let RCMP know what type of stress citizens and family are under when they are wrongfully charged. Join the lineup; he's like anyone else.
Up 23 Down 53
D B COOPER on Jan 17, 2016 at 10:39 pm
I think it is atrocious that the "peace officer" gets a "defense team" undoubtedly paid for by the RCMP, oh wait, US! TAXPAYERS... disgusting.
Up 36 Down 35
John Gould on Jan 17, 2016 at 10:15 pm
This is the process that every person charged with a crime goes thru. Delays and delays and in the beginning it was Potter who was getting the delays. As far as stress goes, suck it up. This is all your doing and all you people who's protecting him, here's a reality check for you the biggest most powerful union in Canada that's who. So stop allowing this guy to be a victim he's far from it.
Up 28 Down 14
Stu Whatman on Jan 17, 2016 at 1:15 pm
You threaten a man's family- they can often react violently
You threaten a police officer's family- they can often react violently
The law should apply equally- Provocation and overreaction that originates from our ancestral past- no criminal record is justifiable.
Up 82 Down 58
Pump Your Brakes on Jan 17, 2016 at 5:04 am
People need to stop abusing the RCMP. People assault them all the time. They are also citizens. Who is their protector?
Up 79 Down 55
James Wrent on Jan 16, 2016 at 11:58 am
Policing is being so randomly and routinely scrutinized, and is so supervised; police are spending most of their time guarding their actions, second guessing, weighing options, studying the ramifications...in the meantime...crime marches on.
Up 47 Down 67
The people on Jan 16, 2016 at 2:53 am
That cop knows the laws. If he understands the laws he should have enrolled himself in some type of therapy (mental, brain stuff) if he can not judge right from wrong, he should be sentenced as if any other citizen of Canada.
Up 44 Down 125
Politico on Jan 16, 2016 at 12:52 am
@WTF Even more interesting is the difference between Mr Potter and Michael Nehass. Mr Potter is out living the life of Riley free to enjoy working and moving around without limits. Michael Nehass sits in solitary confinement for months on end. But as a White police officer Mr Potter suffers from his confinement and should be set free because it's hurting his feelings. But Mr Nehass is left to rot in a cell. Isn't Canadian justice so wonderful!!!!!
Up 20 Down 42
Josey Wales on Jan 16, 2016 at 12:30 am
WTF...please tell me your not really surprised?
We live in dangerous times indeed and yes the job will be there waiting till he "chooses" to leave it. Unions ensure that...never mind inept courts.
Been in the news daily for decades now how "the enforcers" are above the law, require AND demand many special things we never see... receiving virtually all three.
There may be some great cops out there, I even met a few in my years.
Never mind WTF your concern of employ, but you try telling the folks out in NB when you apply for a gun license...."Mr. Potter wants the matter to be dealt with, he is under a lot of stress and anxiety..."
There is no justice and has not been a looooong time, we are on our own. Please act accordingly.
Up 23 Down 23
Mike Wilde on Jan 15, 2016 at 7:27 pm
I hope they're kidding. May 2015 to now is not even 8 months. In Toronto, you'd be waiting well over a year, usually closer to two years.
Up 79 Down 37
jc on Jan 15, 2016 at 5:01 pm
Why were Beattie's threatening charges dropped? I guess when someone threatens you and your family, the human side comes out.
Up 87 Down 54
Yup on Jan 15, 2016 at 4:59 pm
Oh please WTF. Innocent people don't get hauled into the back of a cruiser. Cops get put into all sorts of horrible situations that, thankfully, the general public never have to face. Hope Mr. Potter gets cleared and back to work.
Up 133 Down 58
Simple Man on Jan 15, 2016 at 4:36 pm
@WTF I think the real joke is a life long screw up that can't stay out of jail finally says the wrong thing to the wrong guy and gets roughed up a little and threatened in kind. Absolutely Potter should keep his job. How would you respond to a life long repeat offender threatening your family?
Potter is a human being. When pushed beyond a certain point by a clearly unstable individual with a history of violence and a criminal record dating back decades....well....Potter's response may not have been ideal but it is certainly understandable.
Up 57 Down 93
WTF Over on Jan 15, 2016 at 4:17 pm
So a cop would get to keep his job with a criminal record. How does that work? Again the justice system is a joke..so does that mean the CO at the jail can get his job back if he gets off for the drug trafficking charges. And I'm actually being serious when I ask this.