Fraud and breach of trust charges against a former Agriculture Canada researcher at the research centre in Swift Current, Sask., have been stayed.
Yantai Gan was to go to trial May 1, but a King’s Bench judge ruled earlier this year that the matter was taking too long.
Federal prosecutor Wade McBride said the Supreme Court of Canada’s Jordan decision established timelines to get matters to trial. For provincial court, the limit is 18 months and for King’s Bench it must be heard within 30 months.
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“We argued all sorts of points as to where portions of the delay (occurred),” McBride said.
“In the end the trial judge found that to the end of the trial would be 30 months and two weeks, so we would be two weeks past that Jordan absolute limitation.”
McBride said COVID shutdowns were a huge part of the delays. Delays caused by the defence don’t count toward the 30-month limit.
“I thought it would be close, but we would be within the 30-month threshold and the judge did not agree,” he said, adding it’s frustrating but those are the rules.
Gan, now 67, was charged in November 2019 after a 21-month investigation by RCMP.
He allegedly worked for Gansu Agricultural University in China while also working for the federal government.
Court documents alleged the offences occurred between Jan. 1, 2012, and June 30, 2018. They said Gan entered into an unauthorized contractual arrangement with the university, failed to disclose the relationship and the remuneration he received, and that he recruited for, or organized, an international research collaboration for the university.
The documents also alleged Gan received more than $24,000 from an unauthorized contract with Barilla America, filed false travel claims to the University of Saskatchewan, did not adhere to Agriculture Canada’s values and ethics code, and did not disclose conflict of interest.
The charges were filed under Section 122 of the Criminal Code.
The indictment said Gan had property or proceeds worth more than $5,000, “knowing that all or part of the property or proceeds was obtained by or derived directly or indirectly from the commission of an offence punishable by indictment to wit: breach of trust contrary to Section 122 of the Criminal Code and fraud contrary to Section 380(1)(a) of the Criminal Code, contrary to section 354(1) and 355(a) of the Criminal Code.”
Other charges included defrauding the public under Section 380 (1)(a) for receiving transfer of work allowances of more than $34,000 and receiving his salary for a year beginning June 1, 2012.
Gan’s arrest wasn’t made public until two years after it occurred. He was no longer working for Agriculture Canada, where he had received accolades for his research, and was living in Kelowna, B.C. He had worked in Swift Current since 1999.
The Globe and Mail had reported that an affidavit filed by an RCMP officer said Gan’s colleagues were concerned he might be sharing information.
