Woodstock, Ont. mayor makes first court appearance on assault, sexual assault charges

Three of the six criminal charges currently facing Woodstock’s embattled mayor, Trevor Birtch, were brought before court in London for the first time on Monday, where they were held over until early June.

The three charges were laid by London police on Feb. 2 and included one count of assault, one count of sexual assault, and one count of sexual assault with choking, all involving the same female complainant who police say was known to Birtch.

Lawyer James Battin appeared in court on Birtch’s behalf, yet he indicated that Birtch was sitting across from him in his office and was following the proceedings.

During the hearing, which lasted roughly two minutes and 30 seconds, Assistant Crown Attorney Artem Orlov indicated that the Crown would not be proceeding with the sexual assault with choking charge, and that the count would instead be relayed as sexual assault.

Court documents show Birtch is accused of sexually assaulting the complainant on Valentine’s Day 2021 and sometime between Dec. 10 and 13. He’s also accused of assaulting her sometime between June 1 and Sept. 30, according to the documents.

The matter was put over until June 8 to allow for Birtch’s lawyer to receive and review Crown disclosure.

Birtch is also slated to appear in court in July in connection with three separate sexual assault counts laid last month by London police involving a different female complainant, court documents show.

The new allegations date to Aug. 15, 2021; April 5, 2022; and sometime between Jan. 1, 2017, and April 5, 2022, the court documents say.

The 47-year-old was arrested by London police on April 14 and released with an undertaking the same day. The charges were sworn in on April 26 and will go before court for the first time on July 4.

As part of his undertaking, Birtch must not communicate with the complainant, and must not go within 50 metres of a downtown Woodstock address.

Birtch’s political career has been put on hold as he deals with the charges.

In late February, he took a leave from council, handing over his mayoral duties to Coun. Connie Lauder until further notice.

Late last month, Woodstock city council voted unanimously to have Birtch take a paid leave of absence amid his charges. The motion allows Birtch to be absent from council meetings until they are concluded or until the end of council’s term.

Under the Municipal Act, an elected member can be absent from council meetings for no more than three successive months without being authorized to do so by a resolution of council. Any longer, and the seat is deemed vacant.

“Mayor Birtch remains an elected member of Council and can attend any meeting of Council unless he becomes disqualified pursuant to the items listed in section 259 of the Municipal Act,” said Woodstock’s chief administrative officer, David Creery, in an email last week.

Under the act, there is no requirement for an elected official accused or convicted of a crime to step down from service. Only when an official is sentenced to jail time does it disqualify them from serving.

Birtch also sits as a member of Oxford County council and attended a meeting in late March.

Last week, county council members considered a motion similar to the one passed by Woodstock’s council, allowing Birtch to take paid leave while his charges are dealt with.

After a lengthy discussion, including an hour of talks in closed session, county council voted 7-2 in support of an amended motion, removing the paid component and adding a stipulation that Birtch must submit a written request for a leave of absence.

Birtch has also been sidelined from the Woodstock Police Services Board. The board has requested that the Ontario Civilian Police Commission investigate whether he violated the code of conduct for board members set out under the Police Services Act.