Nova ScotiaThe Nova Scotia Court of Appeal has ruled that Mark Irvine Wetmore’s constitutional rights were violated because his case took too long to come to trial. Court of Appeal ruled Mark Wetmore’s rights were violated by trial delayBlair Rhodes · CBC News · Posted: Dec 04, 2025 3:41 PM EST | Last Updated: 4 hours agoListen to this articleEstimated 2 minutesThe audio version of this article is generated by text-to-speech, a technology based on artificial intelligence.Mark Wetmore was charged in June 2021, but his trial didn’t wrap up until May 2024, almost 35 months later. (Dave Laughlin/CBC)Nova Scotia’s highest court has overturned the conviction of a Halifax man who had been found guilty of two counts of invitation to sexual touching. The Court of Appeal has ruled that Mark Irvine Wetmore’s constitutional rights were violated because his case took too long to come to trial.Wetmore was charged in June 2021. His trial didn’t wrap up until May of last year, almost 35 months later.The case was originally supposed to be heard in May 2023, but Wetmore requested an adjournment, claiming the Crown had delayed in finalizing its case. The next available trial dates weren’t until May 2024. In order to meet deadlines established by the Supreme Court of Canada in its Jordan decision, the trial would have to end in early February 2024.Wetmore had argued in his trial that his rights under Section 11(b) of the Constitution had been violated and the charges should be stayed. The trial judge disagreed, saying that the defence had shown “a marked indifference” to the passage of time. The judge cited Wetmore’s request for an adjournment in May 2023 as part of the reason for rejecting his request.The alleged offences occurred between 2008 and 2010 when Wetmore was a 20-year-old youth leader at a church summer camp. The two alleged victims were 14.Wetmore was originally charged with sexual assault, sexual interference and child luring. There were convictions entered on the two counts of invitation to sexual touching.In its decision published Thursday, the three-member panel of the Nova Scotia Court of Appeal said the trial judge misread the facts and the evidence. The court said simply because Wetmore accepted trial dates in May 2024 did not mean he was waiving his right to be tried earlier. The court said such waivers must be stated, not simply implied. The justices entered a stay of proceedings.MORE TOP STORIESABOUT THE AUTHORBlair Rhodes has been a journalist for more than 40 years, the last 31 with CBC. His primary focus is on stories of crime and public safety. He can be reached at blair.rhodes@cbc.ca
N.S. court overturns sex offence convictions against Halifax man
