Judge won’t further delay robbery trial 

By Lethbridge Herald on September 1, 2023.

Delon Shurtz – LETHBRIDGE HERALD – dshurtz@lethbridgeherald.com

The trial for a man accused of robbing a cannabis store is proceeding as scheduled later this month, despite an attempt to have it adjourned until later in the year.

Lethbridge lawyer Marcus Mueller said Thursday in Lethbridge court of justice, that his client, Hank Lee Tremblay, requested the adjournment until December, but he informed the accused there likely wouldn’t be any dates available that soon.

Mueller said Tremblay is concerned because several defence witnesses – members of his family – will be unable to attend the trial which is just over a week away.

Tremblay is charged with robbery, assault with a weapon and possession of a weapon dangerous to the public. The charges stem from an incident just before 8:30 p.m. on Sept. 29, 2021 when a man armed with a knife robbed Westcan Cannabis in the 1700-block of 23 Street North.

The suspect fled but was tracked by a police dog to a residence in the 1300 block of 23 Street North, where a man was arrested without incident.

The case has experienced several delays since the accused was arrested. Tremblay was scheduled for a one-day trial in August of last year, but during a court hearing  the previous April, the Crown pointed out one day would not be enough time to run the trial and it was cancelled.

The matter was adjourned for a month, at which time court was told a pre-trial conference had been scheduled for May 19 so a trial date could be determined. When the case returned on May 24 to confirm the trial date, Calgary lawyer Spencer Sikora said he had lost contact with his client, and a warrant was issued for Tremblay’s arrest.

Sikora was permitted to withdraw as Tremblay’s lawyer in September after he told the judge there had been a breakdown in the solicitor-client relationship.

A trial was subsequently scheduled to begin last January, but three days before it was to start Mueller told court he hadn’t had enough time to review last-minute disclosure he received in December from the Crown’s office, and he required – and was granted – an adjournment. The following month new trial dates of Sept. 11-15 were confirmed.

Mueller said Thursday he does not know why the defence witnesses, who are in Edmonton, can’t attend the trial, but he added they are crucial to his case.

Justice Erin Olsen refused to cancel the trial again, and said Tremblay waited too long before he advised his lawyer that witnesses will not be able to attend the trial, and failed to explain why.

“If they know that this trial is not being adjourned they can reassess their reasons, the ones that they are holding close to the chest, and perhaps reassess whether they can still be available for trial,” Olsen said.

She also said she suspects Tremblay is trying to manipulate the system and is purposely biding his time in hopes of serving his time where he wants to serve it.

Crown Prosecutor Michael Fox told the judge he believes Tremblay wants to delay the trial so he can serve his sentence on remand. Tremblay is currently at the Edmonton Remand Centre. Remand refers to persons who have been charged with an offence and ordered by the court to remain in custody while awaiting further court appearances. If ultimately sentenced to jail, an offender is given credit for time spent in remand of one and half days for every day actually spent in custody.

“That suggests an adjournment is not properly grounded,” Olsen said, adding, however, that the trial can be cancelled if the defence and Crown agree to resolve the case beforehand.

“Mr. Tremblay doesn’t just get to waive and waive and waive time as if there is no consequence. The public has an interest in having these matters heard and decided within a reasonable period of time, and we are now all of two years post-alleged offence date and I don’t find that it’s in the public interest at all to further delay the hearing of this matter.”