Ex-Esgenopetitj chief Wilbur Dedam granted new trial on sex crimes

New Brunswick's Court of Appeal has set aside the sexual assaultconvictions of former Esgenopetitj First Nation chief Wilbur Dedam and ordereda new trial.

Dedam, 66,was sentenced in 2016 to nine years in prison after a juryfound him guilty of six sex crimesagainst three girls in the community dating back to the1970s.

In February2018, Dedamappealed his convictionon the grounds hewas excluded from the courtroom during his trial in Miramichi. The Criminal Code of Canadastates "an accused shall be present in court during the whole of his or her trial."

The Court of Appeal ruled Thursday that Dedam's exclusion was a violation of the Criminal Code and of the Canadian Charter of Rights and Freedoms.

"I find that theappropriate and just remedy under s. 24(1) of the Charteristo allow the appeal, set aside the conviction and order a new trial,"Justice KathleenQuigg'swritten decision states.

T.J. Burke, one ofDedam'slawyers on appeal, declined tocomment.

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Quigg found Dedamwas excluded "on no less than nine occasions" four of them while testifying in his own defence.

On some of the occasions, only scheduling issues were discussed by Judge TraceyDeWareand thelawyers, she said.

"However, on other occasions the judge heard legal arguments or representations from counsel."

"Section 650(1) of the Criminal Code was repeatedly and blatantly violated and the cumulative seriousness of the violations infringed Mr. Dedam's rights under s. 7 of the Canadian Charter of Rights and Freedoms,"Quiggsaidon behalf of the panel, which also included Justices MarcRichard and Barbara Baird.

Thecharges Dedamwas convicted of are based on the Criminal Code at the time of the offences. They include:

• Sexual intercourse with a female under 14.
• Sexual intercourse with a female under 16.
• Sexual intercourse without consent.
• Illicit sexual intercourse.
• Two counts of sexual assault against two females.

Dedam was chief of the community, formerly known as Burnt Church, on and off for about 30 years in total.

He has been free on bail under conditions since April 11, pending his appeal, and iscurrently scheduled to return to court on Sept. 11 for bail review.