A Nova Scotia provincial court judge has declared a mistrial in a sexual assault case, pointing to the problematic behavior of the defendant’s initial lawyer. Judge Alain Bégin issued the ruling on January 22 in the matter involving Ethan MacQuarrie, with the full written decision made public on Friday.
Background of the Trial Issues
The troubles surfaced on the second day of what was planned as a three-day trial, as tensions escalated between MacQuarrie and his lawyer, Ashley Wolfe. Both parties initially proposed a mistrial, but Bégin encouraged them to resolve their differences to avoid putting witnesses through the ordeal of testifying again.
However, upon deeper review, Bégin determined that unseen conflicts had been brewing in the lead-up to the trial. He described Wolfe’s actions as “deeply troubling” in his decision.
Allegations from MacQuarrie’s Affidavit
MacQuarrie submitted an affidavit outlining several grievances against Wolfe. These included claims that she withheld or denied access to key evidence, failed to secure a transcript of the complainant’s statement, and most alarmingly, advised him to fabricate a story about their relationship breakdown to force a mistrial.
Further, the affidavit accused Wolfe of suggesting MacQuarrie file a false complaint against Bégin with the province’s chief judge to have him disqualified from the case. Supporting this, MacQuarrie provided handwritten notes purportedly documenting discussions about lodging such a complaint.
Another issue raised was Wolfe’s role in facilitating payment of MacQuarrie’s $245 gambling debt from poker games while incarcerated. The affidavit stated she acted as an intermediary between MacQuarrie and his mother to settle the debt urgently.
Wolfe’s Response and Court Findings
In her affidavit, Wolfe refuted claims of inadequate pre-trial meetings with MacQuarrie and denied authoring the notes about mistrial strategies. During questioning, she admitted to sending messages to MacQuarrie’s mother regarding the gambling debt, explaining, “He said that it was urgent” and “He said that it had to be done.” Bégin noted this likely breached her professional ethical duties as a lawyer.
Regulatory Review Underway
A representative from the Nova Scotia Barristers’ Society, which oversees lawyer regulation and discipline, confirmed in an email that the organization is aware of the ruling and is examining it closely. Attempts to contact Wolfe for additional comment were unsuccessful by press time.
