The Chronicle Herald (Provincial)
Ex-prof seeks records in sexual assault case
A former professor at the University of King's College who's accused of sexually assaulting a young man on the Halifax campus in March 1988 wants access to third-party records involving the complainant.
Halifax Regional Police announced the charge against Wayne John Hankey, 76, in February, saying the alleged victim had reported the incident to them last September.
Lawyer Stan Macdonald entered a not-guilty plea on behalf of Hankey in March in Halifax provincial court, and the trial was scheduled for March 3, 2022.
Macdonald and Crown attorney Tim Leatch appeared in court by phone Tuesday to set dates for hearings on a third-party records application.
“I've been advised of the existence of some records in the possession of the Crown,” Macdonald told Judge Gregory Lenehan. “Though we've worked out some arrangements for some of the records, we have to make an application for others.”
The nature of the records being sought by the defence was not disclosed during Tuesday's proceeding. Details of the application are banned from publication by the Criminal Code.
According to a federal Justice Department fact sheet, a third-party record is a document or other record that contains personal information about the complainant or another witness and is something that the complainant could reasonably expect to be kept private.
Some examples of thirdparty records, the fact sheet says, are notes taken by a counsellor, therapist, psychologist or doctor; hospital records; records from a child welfare or social service agency; records from an employer or school; and the victim's personal journals.
A person accused of a sexual offence can ask for a third-party record by filing a written application explaining why they believe the record is important to their defence
The judge then holds an in camera hearing and decides whether the accused has a good reason to think the material is relevant to the criminal case. The judge can deny the application at that point or ask to review the record and hold another hearing before making a final decision.
In making the determination, the judge must consider a number of factors, including the complainant's right to privacy, an accused's right to make full answer and defence at trial, and society's interest in having victims report sexual offences.
In camera hearings on Hankey's application are set for October and December. Lawyer Carbo Kwan is representing the complainant, whose identity is protected by a publication ban.
Lenehan advised the lawyers Tuesday that Judge Aleta Cromwell will probably hear the case.
In April, police announced Hankey was facing additional historical sex-related charges involving two other young men. He will be arraigned in Halifax provincial court June 1 on charges of sexual assault and indecent assault on a male.
Police allege the sexual assault occurred in September 1982. The indecent assault allegation involves a different man over a 30-month period between May 1977 and December 1979.
The offences were allegedly committed on the King's campus and at a residence in Halifax and were reported to police earlier this year.
A former Anglican priest, Hankey retired from King's in 2015 but lectured at neighbouring Dalhousie University until he was charged by police.
Hankey was disciplined by King's and the Anglican Church in 1991 after a former student complained he had been sexually abused while attending the university. An ecclesiastical court convicted Hankey of immorality and decided to deprive him of his office.
King's has hired two Toronto lawyers to conduct an independent review into the various allegations against Hankey and make recommendations on how the university should respond.
Hankey is subject to release conditions from two undertakings to police. He had to deposit his passport with police, must remain in Nova Scotia, and is banned from communicating with the three alleged victims and one other potential Crown witness.
He also agreed to stay away from any school, education centre, college, university or church where anyone under the age of 25 is likely to be present.