A judge in Moncton has dismissed a request to halt the 19 charges against Daniel Bard due to delays in the trial proceedings. Provincial court Judge Anne Richard deemed the application as lacking merit. Consequently, Bard’s case is set to proceed to trial in January.
Bard, aged 61, is facing accusations of theft, fraud, money laundering, and possession of property obtained through criminal means. These charges were brought forth in 2022 and are related to alleged offenses occurring in the Moncton area between 2016 and 2020. Some of the alleged incidents occurred during Bard’s tenure as a vice-president at a municipally-funded regional economic development agency in Moncton known as 3+ Corp.
The application to stay the charges was made by Bard’s defense lawyer, Nelson Peters, on the grounds that Bard’s right to a prompt trial had been infringed. The request, commonly referred to as a Jordan application, stems from a 2016 Supreme Court of Canada ruling that suggests cases in provincial court should ideally be concluded within 18 months of charges being laid.
During the proceedings, Peters argued that the case had surpassed the 18-month threshold and pointed out the lack of efforts by prosecutors to expedite the trial. Crown prosecutors countered by suggesting that Bard or his legal team had contributed to the delays, leading to the judge siding with their stance.
Judge Richard delved into a comprehensive timeline of the case, noting multiple trial reschedulings and changes in legal representation for Bard. Despite some setbacks, Bard’s retrial on the charges is scheduled to commence on January 20 and extend through mid-February.
As the involved parties left the courthouse, both the Crown prosecutors and Bard’s lawyer declined to provide comments on the judge’s decision. Peters had previously sought to be excused as Bard’s lawyer due to health reasons, but this request was denied. Another application by Peters for a second government-funded lawyer to represent Bard is pending consideration on October 31.
