Minister’s comments inappropriate, lawyer says
Comments in sexual assault case were inappropriate, lawyer tells law society
An Edmonton lawyer has filed a complaint against Justice Minister Kathleen Ganley over what he claims were inappropriate comments on a case involving a jailed sexual assault victim.
Edmonton lawyer Scott Horne said Ganley was wrong to comment on the case, which involved a homeless sexual assault victim who was detained at the Edmonton Remand Centre to ensure she gave testimony against her attacker, Lance Blanchard.
In his complaint to the Law Society of Alberta, Horne said the justice minister’s comments “unfairly tarnished the reputations” of Crown prosecutor Patricia Innes, who applied to have the woman detained, and Justice Raymond Bodnarek, who granted the application.
“It’s not proper for a lawyer to comment upon a case in a way that could disrupt the conduct of it before the courts,” Horne said.
A spokeswoman with the law society, which investigates complaints about the professional and ethical conduct of Alberta lawyers, said the society is aware of the complaint, but would not comment further.
The female victim, whose name is covered by a publication ban, was the Crown’s primary witness in the case against Blanchard.
When prosecutors grew worried that she might not show up to give testimony, Innes sought to have her detained.
The woman sometimes travelled in the same prisoner van as Blanchard and was required to give testimony while wearing shackles.
She was later killed in an unrelated shooting.
Blanchard was deemed a dangerous offender last week and could serve the rest of his life in prison.
Last June, Ganley said systemic failures led to the young Indigenous woman’s treatment — which she called “absolutely unacceptable” — and ordered an independent review.
Ganley told reporters it was “difficult to comment on the motivations of the individuals acting within the system.”
She also suggested the woman would not have been treated the same way if she had been white, not addicted to drugs and housed.
The ensuing report from Manitoba lawyer Roberta Campbell said the case represented a “complete breakdown” of legal procedures and recommended reforms.
Innes said she could not comment on the report because the Blanchard case was ongoing.
She also said her ethical obligations as a member of the law society prevented her from giving Campbell her side of the story.
Horne said in his complaint that Innes “did nothing wrong,” making “every effort to accommodate a recalcitrant witness.” He also said the Alberta Judicial Council found no misconduct on Bodnarek’s part.
Ganley could not be reached for comment Monday.