A preliminary hearing in the case of Denver Tyler Skey will be held on October 31, November 1, and November 7 in Nelson court.
Skey, 18, is charged with two counts of uttering threats to cause death or bodily harm, stemming from the incident that led to the cancellation of the Mount Sentinel graduation ceremony in June.
Skey has been in custody since he his arrest and has pled not guilty.
At the preliminary hearing the judge will determine whether there is enough evidence to proceed to a trial.
“The defendant has the right to have a preliminary hearing where the Crown is proceeding by indictment on charges that are serious,” Skey’s lawyer Ken Wyllie told the media outside Nelson court on August 18.
“We wish to address evidentiary issues that should be clarified before proceeding to trial. And it gives an opportunity to better understand the substance of the Crown’s case,” Wyllie said.
He said the Crown is required to prove “whether statements were given voluntarily or not (by the defendant). There are common law rules that the Crown must comply with to prove that any statement made to a person in authority is made voluntarily, without coercion or duress.”
He said the onus is on the Crown to prove this at a preliminary hearing.
To prepare for the preliminary hearing there will be a focus hearing on October 12 in Nelson court.
Wyllie said the purpose of a focus hearing is to identify the witnesses that will appear at the preliminary hearing and to arrive at agreed statement of facts in the case.
If the matter goes to trial, Skey will be tried by a judge without a jury.