Alberta’s justice minister has apologized to the mother of a young indigenous woman whom she said was the victim of a “horrific” sexual assault and a justice system that “failed her at every level.”
Those failures, of which Minister Kathleen Ganley told reports are “almost too numerous to name,” will now be the subject of a review by an independent committee tasked with ensuring nobody is ever treated this way again.
“The facts of this case are disturbing and tragic,” Ganley said on Monday. “There is plenty of blame to go around.”
Last year, a judge convicted Lance Blanchard of several counts including aggravated sexual assault after a 2014 attack inside an Edmonton apartment.
The 27-year old female victim, who cannot be identified due to a court-ordered publication ban, was killed in an unrelated shooting before the case went to trial.
During preliminary hearings, she was shackled at the legs. At one point she was locked inside the same prisoner transport van as the man accused of sexually assaulting her.
The victim was taken into custody over concerns that she would not show up to testify against Blanchard, and was even forced to remain in jail longer because her attacker was allowed to go to a dentist.
Ganley said a number of people should have questioned what was happening in this case.
“It is hard to believe there would be a circumstance where remanding a victim would be appropriate,” she said. “While bringing an assailant to justice is critical, it cannot blind us to the needs of complainants.”
The victim was jailed under section 545 (1) of the Criminal Code of Canada, which is used to detain witnesses who refuse to testify. Ganley said the victim, who was homeless and addicted to drugs at the time, had promised to return to the court. Her protests fell on deaf ears.
“The argument that was made was this constitutes a refusal. I don’t agree with that assessment. My understanding is that it was based on the fact that she was not housed, and that she was tired and upset while testifying,” she said.
The committee to be led by Roberta Campbell, a long-time criminal lawyer and outgoing president of the Law Society of Manitoba also includes representatives from law enforcement, the Alberta Crown Prosecution Services, the Public Prosecution Services of Canada, Resolution and Court Administrations Services, and Victim Services. It is scheduled to provide its recommendations within three months.
However, effective immediately, any Alberta Crown prosecutor seeking to utilize 545 (1) of the Criminal Code must have that decision approved by the Chief Crown.
Ganley said, to the best of her knowledge, she cannot find another case in Alberta where this provision of the Criminal Code was used.
“I think one question that keeps me up at night is if this woman was Caucasian and housed and not addicted, whether this would have happened to her,” Ganley said.
Ganley said the committee will work to fill the various policy gaps that this case exposed, including rules governing leg shackles and transportation for victims in custody.
“We will never really understand what she went through in that van with the person who attacked her,” she said. “Obviously, it was terrible for a number of reasons.”
Ganley confirmed the Crown involved in this case is still on the job. She said she will await the recommendations of the committee to determine any potential repercussions against those involved.
With files from CTV Edmonton
