How a judge's vacation got a sex assault conviction tossed

Plus, a fight over McMaster's carbon-free future and what's known about an accused TTC killer [The Star] First Up [By Manuela Vega] By Manuela Vega Good morning. Here’s the latest on a GTA cop’s appeal of a sexual assault conviction, a university’s controversial climate plan and the murder of Gabriel Magalhaes. DON’T MISS Durham Regional Police Service courts [A GTA cop’s sex assault conviction has been tossed over a delay caused by the judge’s extended vacation]( In 2020, Durham police officer Jack Stelwagen was found guilty of sexual assault while off duty. He was sentenced to 12 months in jail and granted bail shortly after, pending the outcome of his appeal. But Stelwagen’s case was assigned to a per diem judge — a semi-retired jurist who presides on a part-time basis, Jacques Gallant reports. It was largely due to the judge’s unavailability and extended winter vacation that a superior court justice ruled in an appeal decision that Stelwagen’s constitutional right to a trial within reasonable time had been violated — so the conviction was tossed. Stelwagen’s lawyer told the Star he remains employed by Durham police. [Here’s what we know about the case and the controversy surrounding it](. - Wait, what? Provincial court cases must be completed within 18 months or thrown out, unless there are exceptional circumstances for the delay, the Supreme Court of Canada has said. - More: The per diem judge, Bruce Frazer, also faced criticism after being accused of wanting to conduct the sentencing hearing remotely — [while allegedly vacationing in Barbados at the height of the pandemic](. - Watch for: The Ontario Court of Justice confirmed that Frazer is now fully retired, but declined to comment on the outcome of Stelwagen’s case, given that it could be appealed again. Cathie Coward/Hamilton Spectator climate crisis [This project at McMaster University is fuelling a fierce fight over net zero and how to get there]( Despite its promise to become “carbon-free,” McMaster University has a $31 million plan to build four natural gas power generators on campus. The project is the latest controversy in a struggle over the role of natural gas in the transition to a carbon-free economy, Marco Chown Oved writes. While proponents say natural gas produces less carbon emissions than coal, critics argue that renewable energy technologies producing no emissions at all have advanced to the point where they’re cheaper. [Take a closer look at the school’s plan — and why it’s being met with student backlash and international condemnation](. - Why it matters: “This gas plant is literal investment in fossil fuel infrastructure,” said a member of a student group pushing the university to divest from fossil fuels. “We need to invest in renewable energy.” - Meanwhile: Chrystia Freeland’s [federal budget is failing Canada’s clean tech future](. - Overseas: [Australia is making its biggest carbon polluters curb emissions](. Steve Russell/The Star crime [What we know about the person accused of killing a teen on the TTC]( The suspect in the murder of 16-year-old Gabriel Magalhaes had been released less than two weeks prior by an Ontario court judge on a probation order for numerous offences, including convictions for sexual assault, Jennifer Pagliaro and Kelly Skjerven report. Court records obtained by the Star also show the 22-year-old had been ordered to attend counselling for “mental health issues” and substance abuse. [Here’s how the documents depict a young man, moving between homeless shelters, who continued to commit new offences despite arrests, jail time and probation orders](. - Context: On March 10, a judge sentenced Jordan O’Brien-Tobin to one day in custody with a two-year probation order. The decision accounted for 100 days served in pretrial custody. It’s different from a bail order, which is released ahead of sentencing. - More: Not sure how to talk to your kids about safety on the TTC? [Here’s how — and why — experts say to start](. - Meanwhile: Without money from the federal government, [Toronto’s deputy mayor is warning more TTC cuts are on the way](. WHAT ELSE Before an inquiry report is released today, [here’s what we know about Canada’s worst mass shooting](. [More than 1,000 tech experts are warning against AI.]( The letter’s urgency is chilling, Vinay Menon writes. Here’s how Canada’s alcohol industry got the Trudeau government to [scale back a tax increase](. The government is finally lowering the maximum interest rate on loans — [the alternative loan industry isn’t happy](. Will the new measures in the federal budget [finally fix the airline complaints backlog?]( The NDP has released a scathing report into [why they lost the election to Doug Ford](. [One person is in critical condition and two are without a home]( after a fire in the Junction. A fire in an immigration detention centre has [left families across Latin America reeling](. Yukon is facing Canada’s worst toxic drug death rate. [These are the “small wins” keeping the community going](. Liberal MPP Mitzie Hunter will run for Toronto mayor, [vowing not to use “strong mayor” powers](. [Keanu Reeves talks growing up in Toronto]( getting kicked out of high school and being asked to change his “ethnic” name. [These are the most absurd moments]( Gwyneth Paltrow’s ski trial so far. POV Luke Edwards/Metroland [Despite promises to crack down on “scumbag” employers, Ontario’s labour laws won’t protect exploited migrant workers.]( CLOSE-UP Julien de Rosa/AFP Photo PARIS: Protestors run among tear gas canisters during a demonstration at Place de la Nation on Tuesday. The mobilization comes nearly two weeks after the French president bypassed parliament to pass a pensions overhaul that is sparking turmoil in the country. [Here’]( what you need to know](. Thank you for reading. You can reach me and the First Up team at [firstup@thestar.ca](mailto:firstup@thestar.ca?source=newsletter&utm_source=ts_nl&utm_medium=emailutm_email=6C53B63A8E3FAD70AD4EF13004527437&utm_campaign=frst_173884). I’ll see you back here tomorrow. 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