Felony Assault Charge Against Gavin McKenna Tossed by Judge

A judge has dismissed the felony assault charge against Gavin McKenna, ruling that the Crown did not meet the legal threshold to proceed to trial, according to court documents and media reports. The decision marks a significant development in a case that drew widespread attention after McKenna was originally charged in connection with an alleged physical altercation.

The charge stemmed from an incident in which McKenna was accused of committing assault with a weapon or causing bodily harm during a dispute earlier last year. However, at a preliminary hearing, the judge determined that the evidence presented by the prosecution did not establish a sufficient basis for the charge to be put before a jury or judge at trial — a legal standard known as “reasonable prospect of conviction.” As a result, the charge was thrown out, and McKenna will not face trial on that count.

Courtroom observers said the ruling centered on questions about the credibility of key evidence and witness testimony, with the Crown unable to demonstrate that the offence could be proven beyond a reasonable doubt. Defence counsel argued throughout the preliminary hearing that the available evidence was weak, lacked corroboration and failed to justify the serious felony charge, leading the judge to agree and dismiss the case before trial.

The judge’s decision does not preclude the Crown from re-filing charges if new evidence emerges, though prosecutors said no immediate decision had been announced. Legal analysts note that such dismissals are relatively rare in high-profile matters, and underscore the importance of meeting evidentiary standards early in legal proceedings.

McKenna’s legal team welcomed the ruling, saying their client was “relieved” and “grateful” that the case would not proceed on what they described as unsubstantiated allegations. Members of McKenna’s supporters also expressed relief and praised the justice system’s role in upholding due process.

The original charge made headlines at the time of McKenna’s arrest, sparking public debate about the severity of the allegation and the legal process. Since the ruling, discussions have turned to considerations of how prosecutors evaluate evidence before laying serious charges, and the threshold required to advance criminal cases.

While the assault charge has been dismissed, McKenna remains free and no conviction will appear on his record for this allegation. The Crown could pursue other legal avenues if additional credible evidence emerges, but as of the court’s decision, the case against him in this matter is effectively closed.