Charges stayed against Winnipeg teacher accused of sex crimes

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This article was published 19/10/2023 (703 days ago), so information in it may no longer be current.

Crown prosecutors have stayed charges against a former Winnipeg junior high school substitute teacher who was accused of sex offences involving a young student.

On March 4, Winnipeg police arrested then-32-year-old Jan Marcopined Laya, after they were contacted in October 2022 about alleged sex crimes against a teen girl who attended Acadia Junior High.

He was charged with sex assault, sexual interference, invitation to sexual touching, two counts of luring a child under 14 by telecommunication, and making available sexually explicit material to someone under 16.

On Sept. 14, court records show, all of the charges were stayed — meaning although they have not been formally withdrawn or dropped by the court, the prosecution is not proceeding.

A spokesperson, speaking on behalf of the Manitoba Prosecutions Service, said Thursday the Crown’s review and “attempts to confirm the evidence” resulted in the prosecution concluding there was “no reasonable likelihood of conviction” in the case.

Earlier this year, Winnipeg police said the girl told investigators a teacher at the Fort Richmond neighbourhood school had, over seven months between 2021 and 2022, “forged an inappropriate relationship with her.”

On one occasion, the accused tried to kiss the girl but she pulled away and ran, police said at the time.

The provincial spokesperson, describing the case against Laya as “very serious,” said the Crown’s review could have included looking at newly disclosed evidence.

In general terms, “Cases are rarely complete when first reviewed as forensic evidence and further interviews may be submitted after the initial investigation.”

The spokesperson said defence counsel may also provide additional evidence or information, while prosecutors may meet with witnesses to prepare them to testify and assess their ability to provide evidence in the lead-up to a hearing.

The Crown could decide to reinstate charges within a year of the date the charges were stayed.

Pembina Trails School Division, where Laya had worked as a substitute, was notified of the Winnipeg police investigation in December 2022, while Laya was still working as a substitute.

“Interim measures were implemented at that time to remove the teacher from the classroom. The teacher is no longer working for the division,” superintendent Lisa Boles said in a statement.

Boles said the division provided supports to students and informed staff, students and the school community at the time. “Care and concern for students and staff remains our focus.”

erik.pindera@freepress.mb.ca