B.C. judge finds delays in child sex assault case
went beyond trial ‘ceiling’
A British Columbia judge says trial delays for a man accused of sexually assaulting a six-year-old girl went beyond a “ceiling” set by the Supreme Court of Canada as he stayed the case more than two years after charges were laid.
Provincial court Judge Mayland McKimm says in a decision released in May that the man was accused of sexually assaulting the child at his family home when she and her mother attended a “pre-Christmas festive meal” in December, 2021.
The ruling says the child told her mother of the man’s “inappropriate behaviour” the next day, and the woman confronted him in his home with his wife present, secretly recording the interaction on her phone in an exchange that occurred “fluently” between Mandarin and Cantonese.
McKimm’s decision says the mother provided the recording and a “purported transcript” to police, and the man – only identified by his initials in the ruling – was charged in May 2022, but the Crown’s “failure” to assign a prosecutor to the case led to a three-month delay before the man’s trial could be set.
The ruling outlines a number of other delays that plagued the case, including a Cantonese interpreter’s failure to show up to court, the man’s lawyer falling ill, a witness being diagnosed with cancer, and a failure to ask the semi-retired trial judge to hear the case during “non-sitting months.”
The ruling says the delays in the case went beyond the 18-month limit set by the Supreme Court of Canada for timely trials, warning that a “court scheduling model” that can’t handle trials that take “longer than anticipated will sadly lead to cases such as these simply taking too long to complete.”
Canada's left-leaning Supreme Court, like most courts in Canada, are far more concerned about the welfare of criminals than they are about the women and children who suffer the consequences of evil men.
=====================================================================================
The case above is perhaps a reasonable explanation for why the good people of Portage La Prairie were not willing to wait for justice - it might take years, and it might never happen.
‘People are angry. They want justice’
RCMP warns against vigilantism as Portage comes to grips with alleged child sex ring
RCMP have warned people not to take matters into their own hands after an alleged child sex trafficking ring in Portage la Prairie sparked shock, anger and vigilantism.
Six suspects from or near Portage are facing child sexual abuse-related charges, while a seventh person, whose charges were stayed after he was wrongly accused, says he was beaten up in the street and forced into hiding.
“The temperature in Portage definitely was hot after the (RCMP) announcement,” said a woman who lives in the same neighbourhood as at least one of the suspects. “People are angry. They want justice.”
“People are shocked, disgusted, and angry. Understandably,” said a second woman in the neighbourhood.
“This threw a lot for a loop. I think a lot of us are waiting for the other shoe to drop and to see what the next round of information will entail.”
Both women agreed to speak on condition of anonymity. They said homes belonging to suspects were vandalized within days of the accused being publicly named by police July 9.
”I think many people in town are holding their children a lot closer lately.”–Portage la Prairie resident who spoke on condition of anonymity
RCMP said Wednesday they have received reports of vandalism, mischief and threats, resulting in increased patrols. No one has been arrested for vigilante acts.
“In no way does the RCMP condone any action against accused persons,” spokeswoman Tara Seel wrote in an email. “There is a process to hold people accountable. The public is not to take that role in any way. We will enforce against any action taken against the accused persons in this situation.”
RCMP said young girls were lured by a Long Plain First Nation woman and coerced into performing sexual acts on men at Portage homes in exchange for drugs and money. At least five victims have been identified so far. Of those, at least two were aged 15.
Some of the offences date to June 2023.
Portage Mayor Sharilyn Knox said the allegations resulted in “a lot of shock” in the community of about 13,000 people.
“It has shown that if you don’t think it’s happening where you live, you’re naive,” she said.
In response to reports of vigilantism, she said it’s important to allow police to do their job and continue to investigate.
Knox said the case prompted a wider discussion about exploitation and how to protect children. A local organization held a walk to raise awareness Wednesday.
“That’s where our community tends to sometimes go — how can we make things better for the future. That’s the focus that we have,” the mayor said.
“There is a process to hold people accountable. The public is not to take that role in any way.”–Tara Seel, Manitoba RCMP spokeswoman
One of the Portage residents who spoke to the Free Press agreed.
“On a positive note, if we can call it that, I think many people in town are holding their children a lot closer lately, educating themselves and their children on the dangers we could face in our own backyards, and just bring more aware and diligent in watching out for not only our own kids, but our community’s children,” she said.
Scott Joseph Taylor, 34, was among those charged and named by police earlier this month. RCMP said 10 days later he was not involved, as charges of obtaining the sexual services of a child and unsafe storage of firearms were stayed.
Taylor, who wants an apology from police, said his life was ruined when he was wrongly accused. He’s afraid to be in public, because of vigilantism.
He said he was beaten up by someone he knows two days after police cleared him of wrongdoing. Before then, he received death threats, and the words “certified pedo” were spray-painted across the front of his house in Portage, which is about 70 kilometres west of Winnipeg.
“I’m afraid to go anywhere right now,” Taylor said in a phone interview Wednesday. “Right now, I’m under a lot of stress.”
He said he intends to report the assault, threats and vandalism to RCMP, despite being fearful of police now. He also plans to move to a different city or town.
“I’m never going to come back to this town again,” said Taylor, who is also considering a lawsuit over the RCMP investigation.
RCMP defended the investigation, which was led by the child exploitation unit. Police said all appropriate investigative steps were followed, and all available information at the time supported the charges against Taylor.
A spokesperson for the Manitoba Prosecutions Service said the charges against Taylor were laid by the RCMP and not referred to the Crown in advance.
“Subsequently, as has been reported, defence counsel contacted the Crown’s office advising that his client had been misidentified,” the spokesperson said “The Crown attorney immediately contacted the RCMP to request that they conduct further investigation to ensure the RCMP had identified the right individual. After further investigation, RCMP advised the Crown that Mr. Taylor was not involved and the Crown attorney then stayed the charges.”
Jennifer Schulz, an associate dean and professor in the University of Manitoba’s faculty of law, said several civil law remedies could be available to Taylor, including negligent investigation and defamation.
She said police owe a duty of care to suspects in an investigation, since a 2007 case filed against an Ontario police department.
“It could be argued that police breached this duty in Mr. Taylor’s case,” Schulz said.
When a false statement puts a person into disrepute, they have the right to sue for defamation, she said.
Shakir Rahim, director of criminal justice with the Toronto-based Canadian Civil Liberties Association, said there appeared to be a “serious failure” when the RCMP misidentified Taylor as a suspect.
“In any case like this, there needs to be an investigation into what went wrong” and how to ensure it doesn’t happen again, he said.
Taylor’s situation underscores why Parliament needs to pass Bill C-20, said Rahim. The bill is designed to create a civilian oversight body and increase accountability of the RCMP and Canada Border Services Agency.
Rahim said it also highlights the importance of criminal justice Charter rights, including the presumption of innocence until proven guilty, and the right not to be denied reasonable bail without just cause.
No comments:
Post a Comment