A Canmore man accused of serious crimes of voyeurism and trespassing at night has seen those charges stayed by the Crown and a common-law peace bond granted by a provincial court judge.
A Canmore man accused of serious crimes of voyeurism and trespassing at night has seen those charges stayed by the Crown and a common-law peace bond granted by a provincial court judge.
Dean Irvine was charged with two counts of observing or visually recording a person in a place where they have a reasonable expectation of privacy and trespassing on private property at night as a result of three incidents that occurred between March 30, 2015 and Aug. 23, 2016, according to Crown prosecutor Britta Kristensen.
Irvine was charged in October, pleaded not guilty and set a trial for June 9 in Canmore Provincial Court. At the time of the charges, Irvine was director of learning services for Canadian Rockies Public School district, but was placed on leave. He is a former principal at Banff Elementary School.
His lawyer, Michael Oykham, told Judge George Gaschler his client would agree to terms of a common-law peace bond, but would not agree to the facts that formed the basis of the charges.
Oykham submitted that his client did not have to be in agreement with the facts as set out by the Crown for the peace bond in order for it to be granted.
He said someone may be placed on a peace bond even if no criminal offence was ever alleged or committed.
An admission of the facts for the purposes of the peace bond, however, does not mean the accused accepts criminal liability. Peace bonds, including common law peace bonds, are often put forward in provincial court as a resolution between the Crown and defence for criminal charges like domestic assault.
Gaschler was not impressed with the defence's position, and adjourned the proceeding for the Crown and defence counsel to address the issue, or proceed to trial.
“Mr. Irvine will admit the facts with the purpose of supporting the peace bond,” Oykham said when court resumed.
The Crown put forward that the facts were that on three occasions between March 30, 2015 and Aug. 23, 2016, Irvine was on private property “in the late evening hours and in such a manner to cause the residents to be fearful for their safety and alcohol may have been a factor.”
The terms of the peace bond set out that Irvine must keep the peace and be of good behaviour for 12 months, attend probation and as directed attend for counselling. He is subject to a $2,500 charge if he fails to do so. Kristensen asked that counselling for alcohol related substance abuse be assessed as part of the process.
Oykham said after the hearing that they expected the charges to be fully withdrawn by the Crown, and not just stayed. A stay means that over the next 12 months the Crown has the ability to bring the charges back before the court.
In an email, Oykham indicated the issue has been addressed and the Crown is expected to withdraw the charges as a result.
He also provided a statement on behalf of Irvine to address issues they felt came out of the court proceedings.
“Indeed, Mr. Irvine did not plead guilty to anything, nor did he admit to any criminal wrongdoing,” wrote Oykham. “Moreover, in response to social media messages that started swirling within minutes of the court appearance, Mr. Irvine would like to clarify that he did not make any admissions regarding issues with alcohol. He is not an alcoholic, nor has he been ordered to attend AA.”
