Cape Breton and Mainland Nova Scotia Sex Offenders

[lostlinganer]

CORNER BROOK, N.L. (CP) — Seven more sex-related charges have been filed against a 74-year-old Roman Catholic priest from western Newfoundland.

Topics : Supreme Court , Newfoundland , Corner Brook , Nova Scotia
George Ansel Smith already faces 62 charges against him stemming from the time he served parishes in western Newfoundland.

The most recent charges laid Tuesday include counts of gross indecency, indecent assault and unlawful assault with intent to commit an indictable offence.

All of the charges involve young boys and date back as far as the late 1960s.

Most of the alleged offences took place in western Newfoundland communities, although some of the newer charges allege incidents in Nova Scotia.

Smith wasn’t in provincial court in Corner Brook to hear the latest charges read out.

His lawyer, Tom Williams, waived his client’s right to a preliminary inquiry and elected to have his client tried by judge alone in the higher court.

The seven new charges will be called again when Smith is arraigned on the other charges in Supreme Court in Corner Brook in September.

http://www.capebretonpost.com/News/Local/2012-07-17/article-3033497/Priest-faces-seven-sex-charges-from-Newfoundland%2C-Nova-Scotia-parishes/1

http://ntv.ca/?p=4659

This priest's "prolific" legacy of sexual incidents in covered extensively on Sylvia's Site:
Here is one of many of the stories she has posted on him.  http://www.theinquiry.ca/wordpress/charged/smith-george-father-george-smith/priest-turns-himself-in-on-sex-charges/

I have not come across a picture of him yet; there are lots of "vidoe" news items however.

[lostlinganer]

Here's what he looks like:

http://www.theinquiry.ca/wordpress/charged/smith-george-father-george-smith/

[Concerned]

Lost, Google search "George Ansel Smith," then select "Images" on the left bar, or top bar.  They will show a few pictures.

[lostlinganer]

thanks C.  I try hard to get a pic of each new pedophile who becomes known.  I know it's a bit late after so many innocent have already suffered at the hands of "such"... but if nothing else, it makes us more alert in the community - and hopefully, more careful about our children.

[missbrown]

I have a friend who was abused by someone (possibly a teacher) named xxxxxx around 1975-1980, aged approx. 6-9 years during the period during which the abuse would have occurred. I'm trying to find out what happened to the abuser (not interested in his whereabouts - more interested in finding out whether there were other victims, what the circumstances of the abuse were, and whether the perpetrator was caught/convicted).

Where could I start looking?

Thanks for any tips
missbrown

[lostlinganer]

missbrown; I get the impression you have spoken of this with your friend.  If you have a time frame of between 1975-80...and you know at least half the name of the perp. involved, then you must know the location (town, city) of the event/s. 

However, it is pretty vague to say " someone (possibly a teacher)" .... you need to know more... such as your friend's lifestyle .... elementary school, daycare or baby sitter, church (if any), whether this child would have been involved in any kind of community sports, camps, big brother or big sister program/s.... there are so many avenues too numerous to mention.

The only definite about it is the fact that your friend's abuser had to have been older than, and bigger than, you friend was at the time.... possibly a person your friend would have been entrusted to..or in the care of;  Unless you can offer up more in the way of your friend's life at the time, it is pretty hard... almost impossible to steer you in a fact-finding direction.

Have you considered joining a facebook site where you would find others from the same geographical area (community, town, city, or establishment - such as government institutions, foster home/s, etc.) where others would also have been exposed to this person?  Once you know more about where this person was and what he/she was "up to" at the time of the abuse, then you can start your search or followup as to where they went and/or what they would be doing since 1975 - 80 

When it comes to child abuse, I suggest you keep digging!  Maybe this person is still violating children, and abusing positions of trust, to do it.  There are wonderful caring people on this site, who are experienced in helping find out information about such abusers, and how to get help and find closure.  I hope we hear more from you.

I might add missbrown, it is better to keep "even part of a name" of the perp out of your comment/s unless or until such time as you can find a criminal record or media information already publicized to that effect about him or her.... We certainly wouldn't want to have pedophiles or sex offenders benefit by having this thread shut down for "premature disclosure" of such a name.   Feel free to private message me if you feel the need before commenting to any particular degree.  I will try to steer you in the right direction if I can.  You can also check with debbiec if you prefer.... that is the administrator of this site.

[missbrown]

Thanks for the info yes, my friend spoke of it to me. I found out some background details from a sibling yesterday. He was in school in Halifax (probably Spryfield); in grade 2/3, which would mean it had to have been approx. 1975-80 (most likely '77 to '79) depending on when he entered school; he says it was "a teacher", which in a 6-8 year old's mind could have been anyone in the school in a position of authority in the classroom..not necessarily a full-fledged teacher I think.
It was definitely a male adult in a position of authority (in school), and there were a number of other victims, some of whom came forward, apparently leading to some form of conviction (I'm not sure where to go digging to confirm that part!). I don't know for how many victims this might have been, for how long, or if he might be "out there" again by now. He was abused through two grades of school. He's aware of one other victim in HRM.
I'm hoping that if I can find as much of the history of the case as possible (what the perpetrator did to other victims, for instance) I can better understand what my friend needs and help him get his life together. He's trying..but it's not easy.
I'll try to find out about facebook sites...'m new to this.
Thanks for your comments!!

missbrown

[lostlinganer]

There's the nasty looking leprechaun again.... "Creep still creeping by... with the "just us " system protecting his pedophile ass!
http://www.capebretonpost.com/News/Local/2012-08-23/article-3059597/Date-set-for-Crown%26rsquos-appeal-in-MacIntosh-case/1

PORT HAWKESBURY — A tentative date has been set for when the Supreme Court of Canada could hear the Crown’s appeal of the quashing of sexual convictions of Ernest Fenwick MacIntosh.
Topics : Nova Scotia Court , India , Canada , Port Hawkesbury
The court’s website lists the tentative date for the appeal as April 22. The docket posted online indicated there was subsequent correspondence filed with the court by both Crown attorney Jennifer MacLellan and defence lawyer David Bright, so it’s unclear whether the date may change. MacLellan could not be reached for comment Thursday.

The court announced in June that it granted the Crown leave to appeal a decision of the Nova Scotia Court of Appeal that threw out 17 sexual convictions against MacIntosh. It did not comment on the reasons for its decision.

After he was extradited from India in 2007, MacIntosh, 68, was convicted in two separate trials of 17 counts of indecent assault and gross indecency involving four male youths.

The charges date back to the 1970s in the Port Hawkesbury area, when MacIntosh operated a number of businesses and served on the executive of a local hockey team. The first count was laid against MacIntosh in 1995.

In December, the Nova Scotia Court of Appeal unanimously stayed all charges against MacIntosh, finding that his right to be tried within a reasonable period of time had been infringed upon.

MacIntosh left Canada for India in 1994. The following year the first complainant filed a report with police. Although the Crown attorney’s office began the extradition process in 1997, a formal request wasn’t forwarded to India until 2006. MacIntosh was extradited the following year.

MacIntosh’s lawyer has argued that the Crown knew his client’s whereabouts for 12 years and hasn’t explained why it waited so long to file for extradition.

A summary of the case on the court’s website states that among the issues at play in the case are MacIntosh’s right to be tried within a reasonable time and how his decision to remain outside of Canada informs the analysis of that right; whether his failure to return to Canada to face charges is the main consideration in the balancing of interests under the accused’s right to be tried in a reasonable period of time; and whether the Court of Appeal erred by imposing a stay and quashing convictions.

Also at play is whether the Court of Appeal erred in law by failing to properly consider society’s interest in a trial of allegations of sexual violence against children and young persons; whether the trial judge misapprehended evidence; whether the trial judge failed to consider collusion of witnesses; and whether the trial judge erred in assessing credibility

comments:
1. His lawyer should ask him to lose that smirk he appears to wear on his face at every photo op.

2. evergreensydney - August 24, 2012 at 12:21:02 Another predator will walk free because he is ""entitled to appeal~So sad that people had to go through this only to have this so called man get off on technicality !Justice systems only work for the accused, not the victimns!In this case he "admitted " to some which makes him guilty...he disgusts me and hope Karma pays him a well deserved visit soon !!Real soon !

[lostlinganer]

and here we go again.... round and round... but this time the old slimy pedo. gets off the merry-go-round.
http://www.capebretonpost.com/News/Local/2013-04-22/article-3224889/Supreme-Court-rejects-Crown-appeal-of-MacIntosh-decision/1

Published on April 22, 2013
Nancy King  RSS Feed  SYDNEY — The lengthy, slow-moving legal saga involving Ernest Fenwick MacIntosh ended abruptly Monday as the country’s highest court rejected the Nova Scotia Crown’s appeal of the quashing of sexual abuse convictions against him. MacIntosh’s lawyers didn’t even have to present arguments.
Topics : Supreme Court of Canada , Nova Scotia Court
The Supreme Court of Canada issued an oral decision following arguments made by Mark Scott, representing the provincial Crown. The court was highly critical of how the case had been handled by the Crown attorneys involved over the years.

“What happened was the justices didn’t buy it at all, and in the end they were actually laughing,” the initial complainant, who can only be identified as D.R.S., told the Cape Breton Post via a cellphone interview from Ottawa, where he attended the court proceeding.

The allegations against MacIntosh date back to the 1970s in the Strait area where MacIntosh, now 69, operated businesses. The allegations were made by a number of male youths. D.R.S. went to police in 1995, a year after MacIntosh had moved to India where he worked as a telecommunications specialist.

The Nova Scotia Court of Appeal threw out 17 sex offence convictions against MacIntosh in late 2011, finding that the delay between the original allegations and his subsequent trial was too long. An extradition request was not made until 2006 and MacIntosh was returned to Canada the next year. After a warrant for his arrest was issued in 1997, MacIntosh travelled to Canada several times and an effort to revoke his passport was abandoned by the federal Crown.

He had been convicted at two trials. He was sentenced to four years in prison at his first trial and later sentenced to 18 months in jail.

The appeal court also found that the trial judge had erred in law and misunderstood some evidence and it would have ordered a new trial had the charges not been stayed.

The Crown argued that MacIntosh was responsible for much of the delay in going to trial because he was aware he was under investigation and did not present himself to face the charges.

Mark Scott, the Crown attorney who made the arguments before the Supreme Court, said in a phone interview that the panel asked many questions and it was clear the justices had given the case great consideration before the hearing, and they demonstrated that they were concerned about the matter.

“The main issue was Canada’s diligence or lack of diligence in having him brought before the courts through the extradition process,” Scott said. “I think their message is that if we, for the protection of victims and in light of our obligation to bring accused people to trial in a speedy fashion, if we want to rely on the fact that the charges are serious then we’d better treat them as serious and be prompt in getting the person back.”

After deliberating for about 15 minutes, the justices came back and said there was no need to hear from MacIntosh’s lawyers. Brian Casey, who represented MacIntosh, said he spoke with his client after the ruling.

“We’re very pleased with the outcome,” Casey said. “He’s very relieved to see the end of it. It doesn’t feel much like a win, as he put it, because he’s gone through six years of fairly straitened circumstances. He was in jail for a year of it and was on house arrest for about 40 months, so it hasn’t been wonderful but it’s great to have it finally over.”

The federal court had allowed the federal Crown time to submit documents confirming the filing of criminal charges and the issuing of a Canada-wide arrest warrant against MacIntosh after he applied to overturn the decision to revoke his passport. The Crown attorney handling the matter, Anne Turley, never submitted those documents and instead on April 20, 1998, a notice of discontinuance was jointly filed by Turley and MacIntosh’s lawyers.

“It was determined and even officially admitted by the Crown that MacIntosh came in and out of the country during this time,” D.R.S. said. “He came through with his passport and he wasn’t arrested.”

Another complainant, R.M., said he was sickened by the court’s decision.

“The investigation was a mess from the start as there were delays caused by both sides,” he said. “As a victim, I poured my guts out to the Crown and the court in my own community. It has been a very difficult personal journey for me and certainly I felt some level of vindication to have him convicted.”

He added he’s afraid the outcome may discourage complainants in other cases from going forward to authorities with allegations of abuse.

Roz Prober, president of the advocacy group Beyond Borders, attended Monday’s hearing in Ottawa along with one of the group’s lawyers.

“It isn’t every day when a Crown attorney’s office and those involved in this case get a dressing-down from the Supreme Court of Canada,” she said. “There was some very strong language that came from the Supreme Court about incompetence and bungling of the justice system. ... It cries out for a response from the people involved, especially from the Crown attorney’s office in Nova Scotia.”

For years, D.R.S. has been critical of the handling of the case by the Crown and RCMP, particularly the effort to revoke MacIntosh’s passport, which would have forced him back to Canada to face the criminal charges without requiring extradition. He has suggested incompetence or even corruption may have been at play.

“I feel like I did my part, I guess, and I tried and it wasn’t good enough. It’s kind of sad,” D.R.S. said.

MacIntosh has two unrelated but similar convictions relating to incidents in the 1980s.
nking@cbpost.com

  it seems like the only "minute" of justice given this creep was dished out way back in the beginning by a fellow inmate ... while both were in the back of a police wagon ... way back at the beginning of this whole "fiascal".
see post 3382 on page 1 of this thread.

[lostlinganer]

Here is another report about the above.  At least the "Beyond Borders" group are taking a stance on this.  I hope they take it further... this group imo may eventually prove to be a very "affective element" when it comes to all these cases of pedo/s like MacIntosh having their fun in other countries.  ... this is causing the podophile-supporting judges and bureaucrats to be questioned and/or criticized for turning a blind eye to this ongoing situation of pedo/s all sharing information (kind of like travel brochures on the best places to use children without being watched or arrested) ..
.. so they take vacations "for sex" without even being questioned by airport boarder officials as to their intentions for heading to areas that are fertile child picking grounds. 
Pedo/s are ordered to keep away from children in Canada etc. (as if it means anything!!! ) - but get a "free pass" at airport customs.  Holy smokes, I could get stopped from travel to another country if I spit on the street in Canada.      ..yet these guys seem to have it all arranged somehow.  ..just hop on a plane and go hunting children... come back home; worry free! 
I think the organization "Beyond Borders" are the first to take a good run at this practice  and bringing it to the attention of media in a fashion, calling for investigative reporting. 
http://www.capebretonpost.com/News/Local/2013-04-22/article-3225245/Prosecution-service-to-conduct-review/1

and W5 did a feature program dealing with the above... for anybody who may have missed the program on television...

http://www.ctvnews.ca/w5/w5-investigation-canadian-pedophiles-travel-abroad-for-child-sex-1.1197763

[lostlinganer]

http://www.capebretonpost.com/News/Local/2013-04-23/article-3226290/Justice-minister-won%26rsquot-rule-out-MacIntosh-inquiry/1

SYDNEY — Nova Scotia Justice Minister Ross Landry says he won’t rule out calling a public inquiry of the handling of Ernest Fenwick MacIntosh case.
Topics : Supreme Court of Canada , RCMP , Nova Scotia Court , India , Ottawa , Canada
The meandering legal saga came to an end Monday when the Supreme Court of Canada agreed with the Nova Scotia Court of Appeal that it had taken too long to send MacIntosh to trial on charges related to the alleged sexual abuse of several male youths in the Strait area in the 1970s. MacIntosh was first charged in 1995, he was extradited from India in 2007 and convicted on 17 counts in 2010.

“I’m not going to rule anything out,” Landry said in an interview Tuesday when asked about the possibility of an inquiry.

“I’m deeply upset with the news received and I can only imagine how heartbreaking this news was for those that testified about the abuse.”

In speaking with people since the decision, Landry said there is outrage across the province and people are asking how this could have occurred.

“The Supreme Court’s decision is a clear message: we need to identify what went wrong in the case and get to the bottom of this so it doesn’t happen again,” he said.

MacIntosh has denied committing any crimes. He has two similar but unrelated convictions dating back to the 1980s.

The Public Prosecution Service is conducting an internal review of its actions related to the MacIntosh case and is due to report to Landry by the end of May.

As for whether the service should be reviewing its own actions, Landry said he needs their account of what happened, and then will seek additional information and perform his own review.

Sgt. Alain LeBlanc of the RCMP said it is also compiling information regarding the RCMP’s role in the MacIntosh investigation. He said that because the case occurred over a period of time many years ago, the process will take a couple of weeks.

The RCMP will provide an update to the Department of Justice once it has finished gathering the information.

“We’ll look at, from a provincial overview, what our role was and is,” Landry said.

Landry said he will be in Ottawa today to meet with his federal Justice Minister Rob Nicholson on the Rehtaeh Parsons case, and intends to also raise the MacIntosh matter with him.

“This case is well over a decade and a half old, the incidents go back three decades and there’s a number of questions that may be better placed with the federal (government). However, I’m not abrogating my responsibility,” Landry said.

He said he is willing to put all options on the table, so to speak, when asked if the province would be willing to jointly participate with Ottawa on an inquiry, adding any decisions on how to move forward will have to wait for the RCMP and Public Prosecution Service reviews.

In the House of Commons on Tuesday, Cape Breton-Canso MP Rodger Cuzner again called for a federal inquiry into the handling of the case and he has also written to Nicholson.

“In light of the Supreme Court’s decision yesterday to reject the Crown’s appeal, will the minister now order the federal inquiry I requested so the victims of these horrible crimes may get the answers they so rightfully deserve?” Cuzner asked Nicholson’s parliamentary secretary Robert Goguen.

Goguen replied that the Harper government has raised the age for sexual consent and eliminated house arrest for serious offences. He also said the delays in the case occurred under the previous Liberal government.

“I sincerely hope the minister himself takes this issue more seriously,” Cuzner said in a news release. “We need to make every effort to ensure something like this never happens again.”

The Cape Breton Post sent several emails to a federal Department of Justice spokesperson Tuesday to ask if Nicholson would support the call for an inquiry and order his department to participate in one, as there were federal Crown attorneys involved in the efforts to extradite MacIntosh and revoke his passport.

Nicholson’s press secretary, Julie Di Mambro, didn’t respond to the inquiry question but did say the department “remains committed to protecting children in Canada.”

In February 2012, Nicholson responded to a request for an inquiry by Cuzner by saying he wouldn’t order one as it wasn’t appropriate to do so until a final decision was rendered by the Supreme Court of Canada.

Canada’s former head of consular affairs, Gar Pardy, has said he believes there should be a federal inquiry into how the matter was handled, with some involvement by the province.


nking@cbpost.com

[capeheart]

Lost, this is unreal how this slithery snake slid out of the jaws of justice again. I cannot believe the justice system in Canada lately. It seems the victims don't get any help at all. In other words, if you're sexually assaulted,  you just about have to have it on stage happen and lilkely there may be charges. We just know what happened to the angel that took her life in Nova Scotia, because of no justice. How come so many turned a blind eye to what this ***** was doing years ago. I dont have any faith whatsoever in the RCMP, none. Where are the detectives that should be solving crimes. That's all they do is give out traffic tickets and don't solve any crimes. Look pretty in their uniforms, that's about it. What do we have them for if it's not to solve real crimes, assaults, murders and violent crimes. But so much happening in Nova Scotia and nothing ever gets done. I can't stand that Justice Minister, he looks like a dummy. And the only time he says anything is after the horse is out of the barn and runs away. It is great that you are posting your information related to these sex offenders, keep up the good work.

[Nish]

As unpopular a fact as this might be, it is enshrined in the Charter that we all have the right to trial within a reasonable amount of time. Furthermore, with the Crown's assertion that MacIntosh was partly to blame for the delays, they were basically arguing that an accused has a legal obligation to prosecute their own case - something that is in direct opposition of the Charter. I think that handles that end of things. It's a crime, yes, but one that the prosecutor's office is guilty of, IMO.

Personally, I am waiting for the day where I can vote ABD - Anyone But Dexter. The NDP spent the first year in power blaming the previous government for the mess we were in, they claimed they would have left the ship in a different state. Then they did the same thing in year two, and it got progressively worse. Impotent would be a good word only they weren't exactly that because they managed to sink us into a financial abyss elsewhere.

ANYWAY: I believe much of this rests with the Justice Minister and thereby the government of today - I can't hang John Hamm for this now.

I do not blame the Mounties or CBSA agents. It is because of them that we have caught up with so many of these lowlifes - former Bishop Lahey being one example. I also do not blame the SCC Justices. They have a tough job of interpreting the law and making sure it applies fairly. I am sure many of them were sickened that this arsehole was going to get away (again) but just because they could not support such a weak argument from the NS Crown does not make them supporters of pedos.

All of this aside, there have been several disturbing reports aside from W5's about Canadian pedos traveling abroad to get their jollies. My one hope is that when one gets nailed in Cambodia that we leave Foreign Affairs out of it and allow the locals to deal with the issue, in whatever way they wish. That and strengthen the border so we can catch these guys before they leave. **** if they can gank a deadbeat dad's Passport for being behind in support payments then surely to God they can track a pedophile...

Nish

[Nish]

Huh, took the words right off my fingertips:

Shared with the Fair Dealings Provisions of the Copyright Act:

http://thechronicleherald.ca/editorials/1124922-editorial-only-probe-can-put-macintosh-case-to-rest

EDITORIAL: Only probe can put MacIntosh case to rest

Advocates for the victims in the Ernest Fenwick MacIntosh case are calling for a public inquiry into the 18-year legal saga that ended Monday with a ruling by the Supreme Court of Canada.

The death of the case must be particularly upsetting for the four Port Hawkesbury boys, now grown, whom the one-time businessman is accused of molesting in the 1970s.

It didn’t take the nation’s top court long to demolish the Crown’s appeal in the case of Mr. MacIntosh, first charged in 1995 with 17 counts of gross indecency or indecent assault.

He was convicted of the charges 15 years later, in 2010, after he was extradited from India.

The Nova Scotia Court of Appeal ruled in late 2011 that Mr. MacIntosh’s right to be tried within a reasonable time had been violated, a decision that Canada’s top court upheld on Monday.

Crown prosecutor Mark Scott argued that Mr. MacIntosh himself bore some blame for delays in the case’s progress.

The justices made short work of that assertion, pointing out that the logical extension of the Crown’s argument would give an accused “a legal obligation to prosecute his own case.”

The right to trial within a reasonable period is enshrined in the Canadian Charter of Rights and Freedoms and has long been upheld by the top court on the grounds that justice delayed — with witnesses’ failing memories or deaths, degradation of evidence, and lengthy limits on the freedom and security of the accused — can be justice denied.

For the victims in this case, justice delayed has certainly been justice denied.

One of the four was at the Supreme Court on Monday and wanted to know why Ottawa renewed Mr. MacIntosh’s passport twice, despite serious criminal charges against him.

“The key factor is, why was he given his passport where there was a Canada-wide warrant for his arrest on outstanding charges? That is squarely in the hands of the federal Department of Justice,” he said.

Authorities tried to take away Mr. MacIntosh’s passport in 1997, but failed when a Justice Department lawyer was unable, despite a time extension, to produce a copy of the arrest warrant in court.

Ross Landry, Nova Scotia’s attorney general, says the Public Prosecution Service will review how it and the federal government handled the case and should report back by late May, but victims’ groups and the Liberals and Tories are calling for a public inquiry.

If blame is to be meted out, plenty of governments will carry it: the provincial Liberals, in power when charges were laid; the Progressive Conservatives, governing for much of the period when Mr. MacIntosh awaited extradition in India; the NDP, in goverment as the case imploded; and a series of federal governments that failed to ensure Mr. MacIntosh’s passport was not renewed.

After 18 years of costly prosecution with nothing to show for it, both victims in the case and the general public deserve to know exactly what went wrong.

The province should appoint an independent jurist to examine the facts in the case and tell the province and Ottawa how they can prevent such a miscarriage of justice from happening again.

I have to agree with pretty much everything this editorial says. While I still can't bring myself to blame former governments, I do see how they contributed to the issue at hand. However, the time for blame is not right now - the time to fix this problem and make sure it never happens again has to come first.

Nova Scotia has been in the news far too much lately for justice related travesties. Let's hope this is the last and that Landry does the right thing.

Nish

[capeheart]

Amen to that. But not enough done, so many crimes unsolved, who is investigating them?? Comments have been made on other serious cases in Canada, such as the RCMP saying, we have other things to do? What can be more important then investigating what has happened to missing women. That was a comment of an officer on the west coast, which is related to a lady from Fort St. John who has been missing for two years now. What are the victims supposed to do, take the law in their own hands. It may come to that unless they make provisions to take care of the accused in such cases.