The criminal trial against Ottawa Mayor Larry O'Brien will continue after the judge rejected a defence request to throw out the case.
On Friday, Justice Douglas Cunningham refused to grant a directed verdict on the evidence presented thus far, shooting down an argument made by the mayor's legal team that claimed charges against the mayor were misapplied.
O'Brien's defence lawyers had argued influence peddling charges should only be applied if the accused gained financially, not politically.
However, the judge ruled Friday that the charges cover more than just economic benefit and the law considers an electoral "advantage" to fall within the criminal code.
"I agree with the Crown's position that the words advantage and benefit are to be interpreted broadly," Cunningham said in his 24-page ruling.
"Clearly, Parliament, given the legislative change in the 1953-54 Criminal Code, intended to clarify that ... benefits or advantages other than those strictly monetary in nature were to be caught.
"My task at this stage is to determine whether a reasonable jury could (and I emphasize could) convict."
The charges against the mayor stem from allegations he encouraged fellow mayoral candidate Terry Kilrea to drop out of the 2006 municipal race in exchange for a federal appointment to the National Parole Board.
Defence lawyer Michael Edelson said the mayor's legal team will announce how they will proceed with the case on Wednesday.
Edelson said they will choose between several options, including whether to call their own evidence. The question also remains of whether the mayor himself will testify.
O'Brien, who was expecting a quick return to the mayor's chair, looked deflated as he listened to the ruling before a packed courtroom Friday afternoon.
Prior to the judge's decision, O'Brien had set up interviews with the media. Those interviews have since been cancelled.
The mayor had also contacted several city councillors and city staff to arrange a meeting to discuss the city's priorities.
But Ottawa defence lawyer Norm Boxall, who is observing the trial, said that Friday's ruling could represent good news for O'Brien.
"What it does not mean is that there is (necessarily) a strong case against him," Boxall said. "All (the judge) is saying is that there is some evidence."
Jeff Polowin, CTV Ottawa's municipal affairs specialist, added that an abrupt end to the trial would have left a political cloud hanging over O'Brien's head.
"There would have been a perception amongst the public that he was let off on a technicality," Polowin said.
The trial is set to resume July 6. The case is being heard by a judge alone.
With files from The Canadian Press
