THUNDER BAY — A man facing sexual assault charges dating back to the 1970s will stand trial later this year, and the court has taken an uncommon step of appointing counsel to assist in the matter.
Wayne Gilberds, 64, is scheduled to stand trial on June 15 on two counts of indecent assault on a male, two counts of indecent assault on a female, and two counts of sexual intercourse with a female under the age of 14.
Gilberds was first arrested in March 2021 following an investigation by the Thunder Bay Police Service into incidents dating between 1973 and 1982 and involving four victims who were between the ages of six and 14.
The Thunder Bay Police Service said at the time of Gilberds’ arrest that he was known to the victims through the East End Boys and Girls Club, which was known as the Wayside Club at the time.
Since his arrest, Gilberds has made numerous court appearances and there have been several delays to proceedings for various reasons.
In December 2022, Gilberds entered guilty pleas to several charges, but those pleas were struck after it appeared he had difficulty understanding court proceedings and providing an answer as to whether or not those pleas were done so voluntarily.
A fitness assessment was ordered to determine if Gilberds was fit to stand trial. The trial dates have since been set, but during his latest appearance on Wednesday, Gilberds’ lawyer asked to be removed as counsel citing a conflict and a breakdown in client/solicitor communication.
The motion was granted by Ontario Court Justice Chantal Brochu. This is the third attorney to be removed as counsel for Gilberds.
In an effort to ensure the matter continues to move forward, the Crown requested a motion to appoint an attorney to cross-examine the complainants at trial in order to allow them to offer testimony in a candid and unimpeded manner.
The motion was granted. Brochu also issued a second order, known as amicus curiae or friend of the court, appointing a lawyer to assist the court in legal submissions during the trial.
“I want to make sure we have a trial that is as fair to you as possible,” Brochu said. “In my view, but appointing two lawyers, one to fulfill the obligation to the court to provide proper legal submissions as to how the law applies and someone to conduct cross-examination, will in fact assist in getting you a fair trial in a reasonable time.”
The motions were brought forward because Gilberds is without counsel and considered self-represented at this time. He can still seek to obtain counsel before the trial begins in June.
The matter will return in March to have the two appointed attorneys appear.
