N.S. judge oversees unruly defendant’s case
Judge Diane McGrath appeared remotely in Fredericton court to handle matter of Joshua Daniel Grant Burden, who threatened Fredericton judge last month
An out-of-province judge has been brought in to deal with a Fredericton man who threatened a local judge with violence last month in open court.
Joshua Daniel Grant Burden, 48, of no fixed address, faces a variety of criminal charges alleging offences between April and June.
His recent appearances in Fredericton provincial court - by telephone and video-conferencing - have been marked by his angry outbursts, rants, profanity and demands to be released from custody.
During another such tumultuous appearance June 19, Fredericton provincial court Judge Scott Brittain ruled on Burden’s bail hearing, denying his release from custody pending the outcome of his charges.
“If you keep fucking with me, you should be worried about what I’m going to do to you,” the defendant told Brittain at that time.
“I’ll meet you in the parking lot at the courthouse and punch your fucking face off!”
Burden now faces counts of uttering threats to Brittain, attempting to intimidate a justice-system participant and breaching his probation as a result of those outbursts.
The accused appeared again in Fredericton provincial court by video from the jail in Saint John on Thursday, but so did the judge now handling his case.
Judge Diane McGrath, with the Nova Scotia provincial court, presided over the Burden matter as a result of the charges against Burden stemming from his conduct toward Brittain.
Thursday’s proceedings were meant to be a fitness hearing, as Burden had been ordered to undergo a psychiatric assessment.
However, things didn’t go any better Thursday than on previous occasions.
McGrath began to ask a question of Crown prosecutor Blake Johnston, referring to him as “Mr. Johnston,” but Burden thought the judge was talking to him and was using the wrong name.
“My name is Joshua Burden, and I’m a Hells Angel,” he declared. “My name isn’t fucking Josh Johnston!”
McGrath tried to explain to him that she’d been talking to the prosecutor, but Burden - clad in orange jail-issued sweats and sitting close to the camera - kept cursing and yelling at her.
Johnston suggested if Burden wasn’t prepared to participate in his fitness hearing, it might be best to adjourn it.
“Yes, I think he should be moved to his cell,” the Nova Scotia judge said.
The court stenographer then shut down the video-conference interface.
Burden previously underwent a five-day psychiatric assessment in June while remanded at the Saint John Regional Correctional Centre, which found him fit to stand trial.
However, Judge Lucie Mathurin ordered a more in-depth fitness assessment last month, to be conducted at the Restigouche Hospital Centre, a secure psychiatric facility in Campbellton.
When the proceeding reconvened later Thursday afternoon, McGrath, appearing by phone from Nova Scotia, noted she’d directed to have Burden’s audio muted.
The judge said she’d been prepared to avail herself of a Section 650 (2) of the Criminal Code of Canada to remove Burden from the proceedings altogether.
That rarely used section states: “The court may… cause the accused to be removed and to be kept out of court, where he misconducts himself by interrupting the proceedings so that to continue the proceedings in his presence would not be feasible.”
McGrath said she’d received the psychiatric report from the Restigouche Hospital Centre, and Johnston and duty counsel Edward Derrah noted they’d received and reviewed it as well.
“I certainly didn’t see anything in there that would allow the court to make a consideration of unfit,” the judge said.
Derrah said he’d reviewed the report with Burden, noting the defendant doesn’t take any issue with the findings contained therein.
McGrath then pointed out there was another snag with the case. She said she’s been appointed to preside over the June 19 charges only, not those that allege offences earlier in the year.
Before the events of June 19 in court, Burden stood accused of breaking into City Auto on Main Street and stealing a vehicle belonging to Nicolas McPhee on April 19; sexually assaulting a woman June 6; and uttering threats to Eric Lanteigne and Terri-Lynn Stewart at the Oak Centre on June 7, as well as breaching a police undertaking prohibiting him from contact with the complainant in the sex-assault count on that date.
He’s also charged with violating his probation on those occasions as well.
The name of the sexual-assault complainant is protected by a court-ordered publication ban.
McGrath said she’s also learned there’s an outstanding issue of a bail hearing.
Court heard that while Brittain denied Burden’s release on the earlier charges, the defendant has yet to have a bail hearing on the June 19 matters.
“It is a tricky situation,” said Johnston, though he noted that since Burden is already remanded on the earlier counts, it’s something of an academic point.
Derrah said he’d received no instructions from Burden to waive the new bail hearing, so he suggested scheduling it for Monday.
McGrath said she’s going to be on vacation for three weeks starting Monday, but she’ll check with her chief judge to see if another outside judge can handle the bail hearing, which she scheduled for Monday morning.
Though there was no sound coming from the video feed showing Burden at the jail, he was clearly enraged at the turn of events.
Don MacPherson can be contacted at ftonindependent@gmail.com.
Oh my.