New prosecutor working Blanchard sexual assault case
Crown makes switch amid review into how victim was treated by authorities
The Crown prosecutor in a highprofile sexual assault case that saw the victim shackled and jailed to ensure her testimony is no longer working on the file.
Patricia Innes has been replaced as the lead prosecutor in the Crown’s case against Lance Blanchard, 60, who was convicted of a brutal sexual assault in December 2016, and is now awaiting a dangerous offender hearing scheduled to begin in January 2018.
At a hearing Tuesday morning, prosecutor Chantelle Washenfelder appeared on behalf of the Crown, along with prosecutor Monica Sabo, who worked with Innes during the trial.
Court of Queen’s Bench Justice Eric Macklin confirmed he’d received correspondence from Innes advising him of the change.
In June, Justice Minister Kathleen Ganley ordered a special committee to review the treatment of the young Indigenous woman by the court, as well as an independent investigation by Manitoba criminal lawyer Roberta Campbell. Those reviews are expected to conclude this fall.
Asked whether the change in counsel is related to the review or investigation, a spokesperson for Ganley said Tuesday that the Alberta Crown Prosecution Service “does not comment on the assignment of counsel to files.”
Blanchard’s victim, whose identity is protected by a court-ordered publication ban, was held in custody for five nights and shackled while in court to give testimony about the attack during a preliminary hearing in the case in 2015.
She died in an unrelated shooting incident before the matter went to trial. The Crown, relying on her recorded testimony, secured convictions of aggravated assault, kidnapping, unlawful confinement, aggravated sexual assault, possession of a weapon, threatening to cause death or bodily harm and breach of recognizance.
The hearing Tuesday dealt with scheduling and applications related to Blanchard’s upcoming dangerous offender hearing. If designated a dangerous offender, he could receive an indeterminate prison sentence.
Proceedings against Blanchard have already been lengthy and complicated: following the 2016 trial, a 28-day hearing was held in the spring, during which Blanchard unsuccessfully argued his conviction should be stayed. When that failed, Blanchard’s lawyer, Tom Engel, sought a mistrial, but Macklin rejected the application.
On Tuesday, Engel said he plans to argue Blanchard’s interactions with government institutions throughout his lifetime have caused or aggravated his mental illness, which in turn played into his numerous interactions with the criminal justice system. Engel said he would be relying on records to prove this theory that date from 1965 to the present, but he needs to convince Macklin to allow him to make the Charter application
Meanwhile, the Crown is seeking Macklin’s permission to call more than the allowable five expert witnesses to testify during the dangerous offender hearing. Because of Blanchard’s lengthy record, there are a number of forensic psychologists who have assessed him.
The case was adjourned until early November.