Vogler’s Cove couple lose their deportatation appeal
VOGLER'S COVE - A couple from Vogler’s Cove who have been fighting a deportation order to the United States have lost their appeal to the Canadian Immigration and Refugee Board.
WINDSOR, N.S. – A Windsor man that was due to be sentenced in April for sex-related offences involving children is seeking to challenge the constitutionality of the mandatory minimum sentences.
On March 14, Garnett Frederick Smith’s lawyer, Tim Peacock, informed the judge presiding over Windsor provincial court that his client would be seeking a constitutional challenge.
Judge Alan Tufts found Smith guilty of sexual interference, invitation to sexual touching, exposing his genital organs and sexual assault of a minor following a lengthy trial.
A hearing on the challenge will take place on Oct. 6, which will also delay Smith’s sentencing until that time.
The hearing will be before lawyers of the attorney general of the Province of Nova Scotia and the federal court.
Smith’s lawyer Tim Peacock said in an email that his client’s matter is not going before the Court of Appeal. However, there is another matter scheduled before the Court of Appeal that will address the same constitutional issues.
Smith was originally scheduled to appear at the Hants County Courthouse in Windsor on April 21 for sentencing, but that date will now be set aside for an update on the status of the constitutional challenge.
Smith had been charged with nine offences stemming from four different complainants. Each one involved some form of sexual touching, luring, or exposing his genitals to children under the age of 16 between 2013 and 2014 in Windsor.
Smith remains under release conditions.
Correction: A previous version of this story said Smith is seeking to challenge the guilty verdict. He isn’t. He is seeking to challenge the constitutionality of the mandatory minimum sentences. Also, in the previous story, it was stated that Smith’s matter would be going before the Court of Appeal. It isn’t. Another matter will be going before the Court of Appeal, but not this issue.