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Two not guilty pleas, possible referral in Alberta football sex assault case

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Lethbridge police headquarters is shown in Lethbridge, Alta., on Wednesday, March 10, 2021. Two members of an Alberta high school football team accused of sexually assaulting a teammate have pleaded not guilty, while efforts are underway to resolve the case against two other accused. THE CANADIAN PRESS/David Rossiter

LETHBRIDGE, Alta. — Two members of an Alberta high school football team accused of sexually assaulting a teammate have pleaded not guilty, while efforts are underway to resolve the case against two other accused.

The boys, who are all 16 and 17, are charged with sexual assault with a weapon, assault with a weapon and forcible confinement. 

Because of their ages, they cannot be identified under the Youth Criminal Justice Act. 

In court Wednesday, the Crown asked that a charge against one teen be downgraded from assault with a weapon to assault. The change would make it a summary offence, which is considered less serious than an indictable offence.

"The intention is to refer him to the diversion program on that count," said Crown prosecutor Bob Morrison.

The Crown had previously indicated it would proceed by indictment, signalling the seriousness of the charges and sending the matter to the Court of King's Bench. 

That teen's lawyer, Miranda Hlady, said there would be an update later this month on a referral for extrajudicial sanctions.

The outside of court sanctions under the Youth Criminal Justice Act aim to hold a young person accountable without proceeding through the formal court process. 

The measures are presumed to be adequate for a first-time, non-violent offender.

A young person must accept responsibility for the offending behaviour before an extrajudicial sanction can be imposed, but the admission is not considered the same as a guilty plea.

A lawyer for the remaining defendant says talks are underway with the Crown about the potential for a resolution of his case.

Lawyers for all four accused are to be in court again Feb. 28.

The case dates back to last fall.

Police have said a 16-year-old boy was assaulted in a locker room of a Lethbridge school after regular hours on Oct. 3. 

Investigators served a search warrant at the school and seized a weapon. They did not give details on the nature of the weapon.

After charges were laid, the football program at the high school was suspended and later cancelled for the rest of the season by the Lethbridge School Division. 

— By Bill Graveland in Calgary 

This report by The Canadian Press was first published Feb. 14, 2024.

The Canadian Press

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