No trial dates yet in Dieppe double murder case as Crown seeks to revisit conflict issue

Trial dates have yet to be set for a man accused of killing two people in Dieppe in 2019 as prosecutors seek to revisit whether lawyers for the accused can continue representing him.

Janson Bryan Baker, 28, faces two charges of first-degree murder. It's alleged he killed Bernard Saulnier, 78, and his wife Rose-Marie Saulnier, 74, on Sept. 7, 2019.

Trial dates were expected to be set when the case was in Moncton's Court of King's Bench on Jan. 27.

However, Baker wasn't on the conference call from prison, and Crown prosecutors told the judge they want to revisit whether his lawyers are in a conflict of interest and should be removed from the case. 

If the judge rules Baker needs a new lawyer, it could further delay the scheduling of the trial. 

The clock is ticking on a case in which the court has already heard about the spectre of Canada's Jordan decision, a Supreme Court of Canada ruling from 2016 that calls for speedier process with trials.

The 2016 decision called for most trials to be finished within 30 months of charges being laid to protect an accused's right to be tried in a reasonable time.

The 30-month ceiling in Baker's case would be March 7, 2026.

The charges against Baker were laid in 2023 on the fourth anniversary of the discovery of the Saulniers' bodies in their Amirault Street home.

Baker is represented by Nathan Gorham and other lawyers with his firm.

The specifics of the alleged conflict of interest cannot be reported because of a publication ban when the issue was heard in provincial court last year.

Judge Ronald LeBlanc ruled Gorham could continue to represent Baker. The judge's reasons are also covered by the publication ban. 

'Premature' to set trial, Crown says

James McConnell, one of the prosecutors in the case, said during the January appearance that the Crown wanted to revisit the issue now that the case had moved to the Court of King's Bench. That higher level of court is where murder trials take place. 

On Thursday, McConnell told Justice Cameron Gunn that uncertainty around the conflict issue makes it premature to set Baker's trial dates. 

Gorham told Gunn that he doesn't believe the judge can revisit the issue and asked for a hearing on that preliminary issue. 

"This was disruptive in the lower court, and it's going to be disruptive now, so I ask that this be dealt with as soon as possible," Gorham said. 

Gunn issued a publication ban that restricts reporting portions of what was discussed Thursday.

The judge scheduled a hearing for Feb. 27 to address whether he can revisit the conflict issue. 

The Crown has previously said they expect four weeks of voir dires, where a judge considers whether evidence is admissible, and a trial lasting four months. 

Earlier this year, the lawyers were told the court was prepared to schedule the jury trial to start immediately after Labour Day this year, continuing into December.