Defence lawyer Brian Pfefferle told the Île-à-la-Crosse Circuit Court on May 26 that his client, Aaron Gardiner, 42, has agreed to go straight to trial. Saskatoon Crown Prosecutor Evan Thompson went by direct indictment against Gardiner. “We consent to committal on all matters where a preliminary was eligible to speed the process along so Mr. Gardiner can have his day in court,” said Pfefferle. Gardiner wants to be tried by judge alone without a jury. He had previously elected to be tried by judge and jury on some of the charges but re-elected judge alone on all charges. Gardiner has been in custody since he was arrested last year. Île-à-la-Crosse RCMP say they received a call shortly after 6 p.m. on April 23, 2020, that a girl was being held against her will for four days at a remote cabin across from Île-à-la-Crosse Lake, about 10 kilometres from the village of Île-à-la-Crosse.
Pfefferle represents 42-year-old Aaron Gardiner who is accused of holding a girl against her will for four days at a remote northern Saskatchewan cabin last year. Saskatoon Senior Crown Prosecutor Evan Thompson didn’t oppose defence’s request for an adjournment to May 26. Pfefferle waived his client’s appearance and said the purpose of today’s appearance was to confirm which charges the defence wanted a preliminary hearing. A preliminary hearing was tentatively set in Meadow Lake Provincial Court on Aug. 25 and 26. Pfefferle also said that by then he should know whether or not the Saskatchewan Attorney General has approved the Crown to proceed by direct indictment. If direct indictment is approved then there won’t be a preliminary hearing and the case would be sent directly to trial.
Defence lawyer Brian Pfefferle waived his client, Aaron Gardiner’s appearance in court March 15. Pfefferle asked that the matter be brought back before the court on April 12, adding that by then he should know whether or not the attorney general has approved the Crown to proceed by direct indictment. If the direct indictment is approved then there won’t be a preliminary hearing and the case will be sent directly to Court of Queen’s Bench. Canada’s Criminal Code allows for a case to be sent directly to trial without a preliminary hearing through a direct indictment. It is only used in serious crimes and when it’s in the public interest.
Gardiner, 42, has been in custody 11 months on these charges. The Supreme Court ruled, in 2016, that court cases must be heard within 18 months in provincial court and 30 months in superior court. If they aren’t, the case could be thrown out of court. The COVID-19 pandemic has created delays and a backlog in Saskatchewan’s court system but it’s not the pandemic causing these delays but rather the defendant. Gardiner has gone through about five lawyers. He has either fired the lawyers or they have withdrawn from representing him. On March 1 Pfefferle asked for a week’s adjournment telling the court he is in discussions with the Crown about the possibility of running an abbreviated preliminary hearing for Gardiner. Gardiner wants a preliminary hearing and a trial in Court of Queen’s Bench with a judge and jury.
Judge Janet McIvor adjourned the matter until March 8. Canada’s Criminal Code allows for a case to be sent directly to trial without a preliminary hearing through a direct indictment. Direct Indictment is only used in serious crimes and when it’s in the public interest. Gardiner, 42, appeared in Meadow Lake Provincial Court by phone from the Regina Correctional Centre. He has been in custody since his arrest in April 2020. Gardiner allegedly held a girl captive for four days at a remote cabin across from Île-à-la-Crosse Lake. A specialized RCMP tactical unit was flown to the isolated cabin by two military CH-146 Griffon helicopters to rescue her and arrest Gardiner. He was charged with unlawful confinement, assault, overcoming resistance, uttering threats, resisting arrest, possessing a firearm for a dangerous purpose, use of a firearm in commission of an indictable offence, proceeds of crime, and possession for the purpose of trafficking.