Sexual assault charge against megachurch pastor Bruxy Cavey stayed over delays

A sexual assault charge against celebrity megachurch pastor Bruxy Cavey has been stayed over court delays.
The highly anticipated criminal trial ended abruptly on Monday morning when Ontario court Justice Michael Wendl ruled in favour of Cavey’s lawyer’s argument that her client’s right to a timely trial was breached.
Cavey was charged in June 2022 by Hamilton police for his alleged abuse of one congregant at the Meeting House, which under Cavey’s tenure became one of the largest megachurches in Canada.
In an interview with the Star, the congregant, whose identity is protected by a court-ordered publication ban, had accused Cavey of abusing his position of power to pressure her into having a secret sexual relationship. Cavey described the relationship as “an extramarital affair” when he resigned from the church in early 2022.
Surrounded by supporters outside the courtroom on Monday, Cavey, with tears streaming down his face, said, “I did fail morally even though I don’t believe I failed legally. My primary concern is trying to figure out how to make things right because of my moral failure.”
The complainant in this case told the Star on Monday that she felt Cavey “walked away on a technicality.”
“I grieve now for not only myself, but all those who dare speak truth to power and are crushed again by the same power that made it impossible for them to consent in the first place,” she said.
Cavey still faces two charges of sexual assault in a separate case, also brought by Hamilton police. Those allegations have not been tested in court.
Cavey was the long-haired, cargo shorts-wearing pastor of the Meeting House for 25 years before allegations of sexual misconduct involving a congregant were brought to the church’s attention in December 2021. As of July, the Meeting House has suspended its services as it struggles to obtain “abuse liability” insurance.
Cavey’s defence lawyer Megan Savard had argued that her client’s right to a trial within a reasonable time, as guaranteed under the Charter of Rights and Freedoms, was violated. In provincial court, a trial must occur within 18 months of charges being laid, according to the Supreme Court of Canada.
The Crown was not ready to proceed on certain scheduled trial dates and was not prepared for certain pretrial motions, Wendl said.
Wendl said the case was not overly complex and “did not require an inordinate amount of preparation time.”
The Crown had attributed delays to a “ripple effect” caused by the COVID-19 pandemic. Wendl rejected this argument, and noted efforts made by courts to clear their backlogs over the past two years.
The Crown declined to comment after the ruling.
In a statement, Savard and her co-counsel Arash Ghiassi called the trial’s outcome “bittersweet,” saying they were prepared to bring forward evidence “that would have proven (Cavey’s) innocence.”
Still, “putting an end to this prosecution was the right result,” they said, adding, “It allows the community to heal rather than go through a traumatizing, unnecessary, and, ultimately, unsatisfying trial.”
Correction: This story has been updated to reflect that Justice Wendl is an Ontario Court of Justice judge.