Published Nov 28, 202513 minute readErnest Fenwick MacIntosh is seen arriving at the Law Courts in Halifax in this April 2010 file photo. Eric Wynne/The Chronicle HeraldArticle contentA Cape Breton man who is suing the Nova Scotia government for mishandling the case against the man he claims sexually abused him says he feels betrayed by the legal system.THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY.Subscribe now to access this story and more:Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsSUBSCRIBE TO UNLOCK MORE ARTICLES.Subscribe or sign in to your account to continue your reading experience.Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsRegister to unlock more articles.Create an account or sign in to continue your reading experience.Access additional stories every monthShare your thoughts and join the conversation in our commenting communityGet email updates from your favourite authorsSign In or Create an AccountorArticle contentArticle contentWeldon MacIntosh-Reynolds is one of six men who recently launched a lawsuit against the province, alleging its failure to investigate and extradite Port Hawkesbury-area businessman Ernest Fenwick MacIntosh in a timely manner led to his convictions being overturned.Article contentArticle contentEach of the men is seeking $250,000.Article content“I’m disgusted with the Nova Scotia government. Things have to change,” said MacIntosh-Reynolds.Article content“We need justice. We never received justice.”Article content Ernest Fenwick (Fen) MacIntosh walked out of the Sydney Justice Centre, after being released on bail in April 2008. Photo by Greg Mcneil /FILEArticle contentMacIntosh-Reynolds said MacIntosh, who is not related to him, sexually abused him twice when he was 16 and living in Port Hood.Article contentPolice began investigating MacIntosh in 1995 when the first complainant came forward. He wasn’t extradited to Canada from India until June 2007 to face 43 charges of sexual abuse involving nine people between 1970 and 1977.Article content Weldon MacIntosh-Reynolds is one of six men who recently launched a lawsuit against the province, alleging its failure to investigate and extradite Port Hawkesbury-area businessman Ernest Fenwick MacIntosh in a timely manner led to his convictions being overturned. ContributedArticle contentCONVICTIONS OVERTURNEDArticle contentFollowing two trials in 2010 and 2011, MacIntosh was found guilty on a total of 17 counts of gross indecency and indecent assault involving six boys. However, a year later the Nova Scotia Court of Appeal overturned the convictions and entered a stay on all charges, ruling that the 14-year delay bringing MacIntosh to trial breached his right under the Canadian Charter of Rights and Freedoms to be tried within a reasonable time.Article contentArticle contentThe Crown appealed but the Supreme Court of Canada dismissed the appeal in April 2013.Article contentArticle contentThe Nova Scotia Public Prosecution Service later provided a review to the Attorney General of Nova Scotia, calling it “one of the longest and one of the most complex historical sexual assault cases Nova Scotia has seen.”Article content Ernest Fenwick MacIntosh is escorted by sheriffs during a break in his appeal at Supreme Court in Halifax, Wednesday June 8, 2011. He was found guilty in July on 13 of 26 charges of indecent assault and gross indecency almost 15 years after the allegations surfaced.Photo by Tim Krochak Photo by Tim Krochak /TIM KROCHAK / StaffArticle contentSENTENCED IN NEPALArticle contentIn 2014, MacIntosh was arrested in Nepal for sexually assaulting a nine-year-old boy and was sentenced the next year to seven years in prison.Article contentHe was released after serving about half of his sentence and returned to Canada in 2018.Article contentHe is now believed to be living in a Montreal-area assisted-living facility and dealing with late-stage cancer, according to MacIntosh-Reynolds.Article contentHe said a private investigator paid by the Canadian Jesuits International has been following MacIntosh ever since the Catholic order suspected he might have targeted children in its church-run orphanages in India and Nepal.Article content“The detective went all around the world to try to find out if he molested anybody else and now he’s following him around Montreal,” MacIntosh-Reynolds, 70, said.Article content“I know where he’s at at all times. I hope he feels that somebody’s watching him.”Article content Police began investigating Ernest Fenwick MacIntosh in 1995 when the first complainant came forward. Photo by File Photo /SaltWire File PhotoArticle contentCIVIL SUITArticle contentIn addition to the lawsuit against the province, MacIntosh-Reynolds said he and the other five men have also filed a civil suit against MacIntosh, which he expects could be heard next November or December.Article contentHe said his goal is call force changes in the legal system that will better protect victims and ensure justice is served.Article content“I didn’t want to be kept silent. I wanted to be able to help other people, to let them be aware,” he said.Article content“They need to change the laws.”Article contentThe Nova Scotia Department of Justice released the following statement when asked to comment on the lawsuit.Article content“We recognize the courage of survivors who come forward to report sexual abuse. As this is an active case before the courts, it would not be appropriate to comment on the specific matter.”Article contentArticle contentArticle contentTimeline of Key Events 1994Article contentAugust — Ernest Fenwick MacIntosh leaves Canada first to work in California and then to work in India.Article content1995Article contentJan. 4 — DRS, now living in British Columbia, reports sexual assaults by Ernest Fenwick MacIntosh in the 1970s to RCMP in B.C.Feb. 8 — JAH reports a sexual assault by Ernest Fenwick MacIntosh in the 1970s to Port Hawkesbury RCMPFeb. 10 — Letter sent to Halifax Police Dept. from Port Hawkesbury RCMP lead investigator with attached statement of JAH indicating JAH was assaulted in Halifax County. When HRP followed up, JAH indicated he wasn’t ready to deal with itOct. 1 — Port Hawkesbury Crown Attorney Richard MacKinnon is consulted for the first time by RCMP lead investigatorDec. 4 — Two criminal charges are laid in relation to the DRS complaintArticle content1996Article contentJan. 24 — RCMP investigator begins to make repeated calls to numbers for MacIntosh both in India and in Montreal. He has no successFeb. 21 — Court issues arrest warrant for MacIntosh on two Criminal Code chargesAug, 25 — Lead investigator reaches MacIntosh in India by phone and is informed by MacIntosh that he has no intention of returning to Canada. The lead investigator then advises MacIntosh of the criminal charges against him and the warrant for his arrest. The line goes deadArticle contentArticle content1997Article contentApril 29 — Crown Attorney Richard MacKinnon recommends extradition be pursuedMay 22 — MacIntosh renews his passport in IndiaAug. 15 Communication begins between the Crown Attorney and the International Assistance Group (IAG) of the Federal Department of Justice regarding potential extraditionOct. 17 — RCMP requests Canada Immigration and Passport red-flag Ernest Fenwick MacIntosh with customs in case he re-enters the country. Canada Customs Lookout Bulletins issued at the request of the RCMP. Efforts begin by the passport office to have Ernest Fenwick MacIntosh’s passport revokedDec. 17 — Director of Public Prosecutions approves initiation of a formal request to International Assistance Group for extraditionArticle content1998Article contentFeb. 7 — The lead investigator provides the Crown with first disclosureApril 2 — Ernest Fenwick MacIntosh’s lawyer, David Bright, contacts the Crown Attorney for the first time and requests disclosure. He follows that up with three more lettersApril 16 — A letter from the Federal Department of Justice is sent to MacIntosh’s lawyer advising that the decision to revoke MacIntosh’s passport has been withdrawn. A letter from the passport office is sent to MacIntosh advising same and confirms resumption of normal passport serviceMay 25 — Crown Attorney replies to Bright and provides disclosureJune 29 — DRS swears an affidavitAug. 14 — A letter is sent to the IAG from Martin E. Herschorn, Deputy Director of Public Prosecutions, formally requesting extradition with supporting documentationAug. 20 — Crown Attorney provides defence with the address of the contact person with the International Assistance Group.November — Crown Attorney is advised that identification affidavits are required from all complainants for extradition to proceedArticle content1999Article contentJan. 21 — DRS is shown a photographic lineup in B.C. He cannot identify Ernest Fenwick MacIntosh due to poor photo quality. This identification is required for the International Assistance Group to proceed with extradition. Efforts begin to acquire a quality photograph of MacIntosh through his passport fileJan. 21 — RMM reports a sexual assault in the 1970s by Ernest Fenwick MacIntosh to the lead investigatorFeb. 18 — Two criminal charges are laid against Ernest Fenwick MacIntosh in relation to RMM complaint, which are later folded into a 37-count Information on Dec. 10, 2001.Nov. 1 — International Assistance Group notifies the Crown it is still waiting for material regarding identification in order to transmit request to India.Article content2000Article contentMarch 27 — CM comes forward with a complaint of sexual assault in the 1970s by Ernest Fenwick MacIntoshApril 14 — The Crown becomes aware of several potential complainants and requests that, for the sake of consistency and because he is familiar with the Port Hawkesbury area, the lead investigator take all statements from new complainantsMay 31 — RCMP receives quality photo of MacIntosh from passport file for the purposes of photographic lineup identificationJuly 16 — CM identifies MacIntosh from a photographic lineupJuly 17 — Statement of JAH taken by the lead investigator in Halifax. He identifies MacIntosh from a photographic lineupJuly 18 — Statement of WMR taken by the lead investigator in EdmontonJuly 21 — DRS identifies Ernest Fenwick MacIntosh from a photographic lineupAug. 25 — Crown Attorney is advised by the IAG that all possible charges against MacIntosh must be laid before an extradition request proceedsAug. 28 — Crown Attorney formally requests RCMP to assign the lead investigator to the investigation on a full-time basis so as to complete the investigation as soon as possibleAug. 28 — RMM identifies MacIntosh from a photographic lineupSept. 7 — Statement of AHM taken by the lead investigator in Port HawkesburyOct. 18 — Statement of GFB taken by the lead investigator in Port HawkesburyArticle contentArticle content2001Article contentJan. 9 — RCMP requests Ernest Fenwick MacIntosh be added to Passport Control list in the event he applies for another passport.March 14 — Statement of DB taken by RCMP in WinnipegOct. 22 — Four criminal charges are laid against Ernest Fenwick MacIntosh in relation to the WMR complaintDec. 10 — Thirty-seven charges are laid involving complainants DRS, RMM, JAH, GFB, AM and BASDec. 12 — Court issues an arrest warrant on a 37-count Information. Criminal Code charges now total 43Article content2002Article contentApril 18 — Crown advises IAG of new charges and that Nova Scotia would like to proceed with extradition based on these chargesApril 26 — International Assistance Group advises a first-person affidavit sworn before a judge will be necessary from each complainantMay 7 — Crown begins pursuit of sworn affidavits by nine complainants including photographic lineupsMay 30 — MacIntosh’s passport is renewed in New Delhi despite pending criminal charges and an outstanding arrest warrantJuly 11 — AM swears an affidavitSept. 26 — RCMP notifies the Crown that MacIntosh’s passport was renewed on May 30. RCMP advises MacIntosh remains red-flagged. Should he attempt to re-enter the country the arrest warrant will be executedOct. 18 — CM swears an affidavitArticle contentArticle content2003Article contentJune 9 — International Assistance Group requests confirmation from Crown regarding extradition. Crown advises that complainants now living in Florida, Manitoba, Alberta and Nova Scotia respectively, have still not responded to requests for sworn affidavitsJune 20 — Letters are sent again to these complainants by the CrownJune 21 — RMM swears an affidavitJune 24 — All available documentation necessary for extradition is sent to the IAG by the Crown. Four sworn affidavits are pendingArticle content2004Article contentMay 13 — Crown asks International Assistance Group to advise as to status of extraditionJune 7 — International Assistance Group advises by phone that affidavit of the lead investigator with respect to photo lineups is requiredJune 11 — Crown Attorney writes to the lead investigator asking him to contact the Crown to discuss the affidavitArticle content2005Article contentJan. 17 — International Assistance Group requests a status report from the CrownJan. 26 — Crown Attorney again writes to the lead investigator asking him to come to the office to discuss the affidavitJune — Former lead RCMP investigator is transferred out of provinceJune 20 — Crown forwards a partial draft of an affidavit to the lead investigator and asks him to make an appointment to see the Crown so they can complete the affidavitJuly 14 — Canadian High Commission provides a diplomatic note to the Indian Ministry of External Affairs regarding MacIntosh’s extraditionAug. 2 — Crown Attorney Richard MacKinnon goes on a six-month deferred leave and transfers carriage of file to term Crown Attorney Kevin PatriquinArticle content2006Article contentFeb. 1 Crown Attorney Richard MacKinnon returns from deferred leaveApril 12 — Crown Attorney forwards a draft affidavit to now former lead investigatorMay 24 — Sworn affidavit of the lead investigator is sent to the International Assistance GroupJuly 6 — Canada makes a formal request to Government of India to extradite MacIntoshArticle contentArticle content2007Article contentApril 1 — Special Prosecutions Senior Crown Attorney Diane McGrath is assigned to the case as co-counselApril 5 — MacIntosh is arrested in New Delhi. He contests the extraditionMay 26 — Government of India agrees to extradite MacIntoshJune 8 — MacIntosh makes his first appearance in Port Hawkesbury Provincial CourtJune 18 — Bail is deniedJuly 23 — Defence seeks further disclosure including documentation from the Federal Government in relation to extradition. Election and/or plea is adjournedOct. 29 — Defence again asks election and/or plea be adjourned as they are seeking copies of every e-mail between the Crown, RCMP and Federal Department of Justice concerning the extradition processDec. 17 — Defence requests a second bail hearing claiming the extradition treaty allows for such and suggests election and/or plea be dealt with at the same time due to recent voluminous disclosureArticle contentArticle content2008Article contentFeb. 20 — Bail hearing heldMarch 26 — MacIntosh is released on recognizance and under strict conditionsApril 17 — Defence requests adjournment of election and/or plea pending hearing of defence application challenging the extradition. Crown wants matter brought back at earlier date arguing that documentation that has been requested is not material to the issue of electionMay 1 — Crown forwards to the defence extradition documentation received from the federal governmentMay 7 — Defence indicates they are content with disclosure and ready to elect. Election is made to Supreme Court without a jury. Preliminary Inquiry is set for Oct. 7-10, and 20-22May 23 — Nova Scotia Supreme Court hears an application brought by defence to prohibit Preliminary Inquiry from proceedingJune 19 — Nova Scotia Supreme Court rules the Preliminary Inquiry may proceedJune 31 — Defence argues for a stay of the Preliminary Inquiry in the Nova Scotia Court of AppealAug. 7 — Court of Appeal in chambers rules Preliminary Inquiry can go aheadOct. 7-22 — Preliminary Inquiry held in Port Hawkesbury Provincial Court. It is adjourned to Jan. 27, 2010, to call further witnessesDec. 10 — Defence argues before the Nova Scotia Court of Appeal that the extradition principle of specialty has been violated, the accused’s Charter rights have been violated and proceedings should be haltedDec. 22 — Nova Scotia Court of Appeal rules against the defenceArticle content2009Article contentMay 1 — Accused is committed to stand trial on 36 out of 43 chargesJune 16 — Defence proposes proceeding to trial on charges involving complainants DRS, BAS and JAH with the remaining charges in a second trial. The Crown consentsJune 22 — Trial dates with respect to three of the complainants are set for late October, early November 2009Sept. 29 — Defence files a Notice of Motion pursuant to s.7 and s.11 of the Charter of Rights and asking for all proceedings to be stayed due to undue delayOct. 28 — Scheduled undue delay hearing is delayed because a key witness is unavailable due to health issuesNov. 10 — Crown Attorney Richard MacKinnon is appointed Provincial Court JudgeArticle content2010Article contentFeb. 10 — Hearing is held in Nova Scotia Supreme Court in Halifax on the Charter issue of undue delay before Chief Justice Joseph KennedyMarch 19 — Chief Justice Kennedy denies MacIntosh’s request that charges be stayed on the basis of undue delayApril 1 — Halifax Region Crown Attorney Alicia Kennedy is assigned to assist McGrathApril 19 — First trial begins in Nova Scotia Supreme Court in Port Hawkesbury before Justice Simon MacDonaldJuly 5-9 — First trial continues, concluding on July 9July 27 — Verdict rendered. MacIntosh is found guilty on 13 counts and not guilty on 13 countsJuly 29 — MacIntosh files Notice of Appeal from conviction with the Nova Scotia Court of AppealSept. 28 — MacIntosh sentenced to four years in prisonOct. 7 — MacIntosh is released from prison pending appealOct. 13 — MacIntosh files a Notice of Appeal from sentence with the Nova Scotia Court of AppealOct. 21 — Crown files Notice of Appeal regarding judge’s refusal to order MacIntosh to register as a sex offender or to prohibit him from frequenting places children gather; to prohibit employment or volunteering that would put MacIntosh in a position of trust with persons under 16; to prohibit the use of computers for communicating with persons under 16Dec. 6 — Second trial begins in Nova Scotia Supreme Court at Port Hawkesbury with Chief Justice Joseph Kennedy presidingDec. 14 — Trial concludesArticle contentArticle content2011Article contentJan. 31 — Verdict rendered. MacIntosh is found guilty on four counts and not guilty on six countsApril 13 — MacIntosh is sentenced to 18 months in prisonMay 18 — MacIntosh files a Notice of Appeal regarding conviction of Jan. 31 and sentencing of April 13 with the Nova Scotia Court of AppealJune 8 — Nova Scotia Court of Appeal hears oral argument on matters arising from the first trialJune 9 — Defence makes a bail motion to the Nova Scotia Court of Appeal. The Crown consents to release on strict conditionsNov. 16 — Crown is notified that the Nova Scotia Court of Appeal will hear arguments on the second set of convictions on March 27, 2012Dec. 8 — Court of Appeal renders its decision. All convictions are quashed. A stay is entered on all charges (both trials). The court found that undue delay violated MacIntosh’s Charter Rights and thus stayed all chargesArticle content2012Article contentFeb. 2 — Crown files a Leave to Appeal the decision of the Nova Scotia Court of Appeal with the Supreme Court of CanadaJune 28 — Supreme Court of Canada notifies Crown it will hear appealArticle content2013Article contentApril 22 — Oral arguments heard before Supreme Court of Canada. Appeal dismissedArticle contentSOURCE: Nova Scotia Public Prosecution Service Report to the Attorney General of Nova Scotia (Martin E. Herschorn, Director of Public Prosecutions, July 10, 2013)Article content
‘We need justice’: Six men who claim Cape Breton businessman sexually abused them file lawsuit
