Sexual assault trial of former Sudbury teacher delayed until 2025
The trial of a former teacher at St. Charles College in Sudbury has been delayed until the New Year.
Michael Zanier, 58, faces numerous charges of sexual assault and interference involving students.
Zanier's trial was slated to start Monday, but defence lawyer Dean Embry asked for the delay because of new evidence in the case -- or disclosure -- was submitted by the Crown just last week.
Embry said he and Crown Attorney Mathieu Ansell have been “going back and forth” for the past week about the new disclosure.
He told Justice Dan Cornell he needed more time to review the new evidence before proceeding with the trial.
Ansell said the reason for the latest disclosure is that the investigation into Zanier spurred another investigation into another individual.
The "new and late disclosure" is connected to that second case, the Crown said. It involves a former administrator charged with criminal negligence for not acting on complaints from students.
When Cornell pressed for more details, Embry said it was connected to two complainants: one alleged victim said their leg was touched and the other allegedly took a video of that incident.
The video was taken to the vice-principal, who allegedly told them to delete it. Part of the discovery is an email from the school’s system that said there was an investigation by the school.
The judge asked about the Jordan Rule, which puts a time limit of 15 months for criminal trials. The Crown said the case was "right on the threshold" of reaching that limit.
Cornell granted the adjournment, and the case has been put over to assignment court for Jan. 7 to set a new trial date.
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Zanier was charged in June 2022 after a complaint about inappropriate behaviour and touching involving a student at St. Charles College. Additional charges emerged several months later, and then again in 2023 and 2024.
The alleged incidents happened between 2010 and 2022. Charges from the earlier dates are alleged to have happened at a Catholic elementary school where Zanier taught at the time.
Zanier is listed as inactive/non-practising on the Ontario College of Teachers' website.
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