Until now, the 70-year-old Regular was known in courts in Newfoundland and Labrador only by the initials RR He faces four counts of sexual assault and one count of sexual interference involving the same alleged victim. He was 12 at the time of the first alleged attack two decades ago. Three of the charges were filed in Regular in June 2021. The other two charges were filed in January. Last year, Regular obtained a temporary restraining order in the Supreme Court of Newfoundland and Labrador to prevent his name from being published in connection with these criminal proceedings. CBC News and CTV News intervened, arguing that the ban would interfere with the open court principle and freedom of the press.
NL judge warned of “sea change” in criminal law
In March, Justice James Adams sided with the media. Adams ruled that granting the publication ban would be contrary to the open court principle and would change the law across Canada. “If a publication ban were to be issued in this case, then almost anyone charged with a criminal offense could claim the same protection,” the judge wrote in his ruling. “This would be a radical change in the criminal law. The competent authority to make such a change is Parliament, not the court.” Adams found that Regular’s presumption of innocence is not at risk if a publication ban is not granted. “By protecting the applicant’s reputation by withholding his identity, the court would seriously affect the public interest in encouraging persons with relevant information about similar allegations to come forward,” Adams wrote in his decision. “It would also adversely affect the public interest in seeing that all persons accused of criminal offenses are treated fairly and equally.” The judge lifted the ban on Regular’s name, but stayed that decision pending Regular’s bid to ask the Supreme Court of Canada to consider the matter. Regular is represented by the well-known lawyers of St. John’s Rosellen Sullivan and Jerome Kennedy, as well as by Scott Hutchison of high-profile Toronto law firm Henein Hutchison LLP. They argued that releasing Regular’s identity jeopardized the presumption of innocence, privacy and reputation of other professionals in his field. Lawyers argued that publication of his name would cause permanent damage to Regular, even if he is found not guilty. “The combined effect of an Internet that never forgets and today’s ability of social media to amplify irrelevant, inaccurate or outdated information cannot be overstated,” they wrote in the court filing. The Supreme Court of Canada refused to hear arguments from Regular, who wanted the publication ban on his name upheld. (Patrick Morrell/CBC) Regular has practiced law for more than three decades as an attorney on Newfoundland’s Avalon Peninsula. The Law Society of Newfoundland and Labrador has sanctioned him five times since the early 1990s for a range of professional misconduct – none of which was criminal in nature. Regular had agreed that the ban could be lifted if he is eventually convicted. Victims of sexual assault are automatically protected by a publication ban due to the nature of the crime. The defendant, however, is not protected by such a prohibition unless necessary to conceal the identity of the victim. Regular has elected a trial by judge and jury. A seven-day trial is scheduled to begin in the Supreme Court of Newfoundland and Labrador on May 29, 2023. Read more from CBC Newfoundland and Labrador
