Erika Sherk
Northern News Services
Friday, February 16, 2007

YELLOWKNIFE - A former Yellowknife Crown prosecutor will appear in court March 6 on a charge of assault.

Brendan Hubley, 37, was charged Jan. 9 in connection with a Dec. 9 incident outside the Black Knight pub.

According to court documents, a man was punched while on the sidewalk outside the bar.

The Yellowknife branch of Justice Canada's Christmas party was held on the second floor of the pub that Saturday evening, though Justice representatives would not say if Hubley had been attending, citing privacy rights.

Hubley worked as a Crown prosecutor with Justice Canada here until Feb 1. His present status is not known.

Moira Vane, a lawyer from Alberta, is prosecuting the case, as it would be a conflict of interest for any of Hubley's former colleagues to be involved.

"He is treated just as any other person would be treated," she said from her Edmonton office. "The only difference of course is that it's not the local Crown office that handles it, to avoid the perception of bias."

Hubley appeared in territorial criminal court on Feb. 6, where his case was adjourned to give the defence and Crown time to work out some "matters," according to court documents.

Diane Sylvain, regional director of public prosecutions in the NWT declined to say why he was no longer an employee.

"I can't violate his privacy rights and go into what we had to do as an employer," she said.

There has been an internal investigation into the matter, she said.

However, Sylvain declined to comment on it, as "it's something between employer and employee."

When asked if Crown prosecutors are permitted to continue in the job if they have a criminal record, Sylvain said it depends on the charge.

"Each case has to be considered on its own merits. It really depends," she said.