It was supposed to be a sentencing hearing for James Sears, but the legal journey of the man convicted of willfully promoting hatred against women and Jews will go on.
In a Toronto courtroom on Monday morning, Judge Richard Blouin said four months after his verdict, an application was received from Sears to reopen the trial, or declare a mistrial.
Blouin said Sears entered a 79-page submission, and another 29 pages to rebut the crown’s position.
Among Sears’ arguments was that his trial counsel was ineffective by failing to call a defence.
In court Monday, Blouin ruled that he would allow Sears to explore that argument further.
The 55-year-old Sears, and 74-year-old LeRoy St. Germaine were the editor and publisher of “Your Ward News,” a free print publication with a circulation of 300,000 in Toronto and beyond. They also ran a website under the same name.
In January, both men were convicted of willful promotion of hatred against women, and willful promotion of hatred against Jews, for the content of their publication.
The judge has asked Sears to provide a list of evidence and witnesses that he would call – if the judge allows the trial to reopen.
Among those the judge wants to hear from is Sears’ former lawyer Dean Embry, who Sears fired following the verdict.
In court, Sears agreed to waive solicitor-client privilege to allow Embry to speak freely about his tactical decisions regarding the trial.
A sentencing hearing for St. Germaine was also held at College Park courts Monday morning.
The crown is asking for his two three month jail sentences to be served consecutively, saying St. Germaine was “not a sophisticated individual who seems to have been led by Mr. Sears.”
Ian McCuaig, St. Germaine’s lawyer, asked the judge for a two-month house arrest sentence, taking in to account St. Germaine’s First Nations heritage.
Blouin told the court that he will be retiring at the end of August, but would return to finish cases already underway.
Both St. Germaine and Sears are scheduled to appear back in court on Aug. 1.
