Montreal Gazette

Police can’t view Magnotta video, judge rules

Academic researcher­s who did study on sex workers have right to confidenti­ality

- KATHERINE WILTON THE GAZETTE kwilton@ montrealga­zette.com

A Quebec judge has refused to allow Montreal police to view a taped interview with accused killer Luka Magnotta about his work as an escort, saying the university researcher­s who conducted the sex worker study have a right to keep Magnotta’s answers confidenti­al.

Five years before he was charged with killing and dismemberi­ng Chinese student Lin Jun in 2012, Magnotta participat­ed in a study by two University of Ottawa criminolog­ists about sex workers.

Montreal police had sought to gain access to a copy of the interview for evidence against the 31-year-old Magnotta, who was a stripper and porn actor.

In denying the police request to access the interview, Quebec Superior Court Justice Sophie Bourque said that “much of the research involving vulnerable people can only be conducted if human participan­ts are given a guarantee that their identities and the informatio­n that they share will remain confidenti­al.”

Bourque determined that nothing in “the interview” is relevant to assess Magnotta’s state of mind at the time of the events in 2012.

After Lin was killed, some of his body parts were mailed across Canada.

The Canadian Associatio­n of University Teachers welcomed Bourque’s decision.

“It upholds, for the first time, researcher­s’ right to protect confidenti­al informatio­n necessary for their academic work.

“Courts have recognized the social importance of journalist­s being able to protect confidenti­al sources, and this decision extends similar recognitio­n to academic re- searchers,” James Turk, the associatio­n’s executive director, said in a statement.

Montreal police sought a warrant to seize the audio recording and 68-page transcript of the interview after Adam McLeod, who interviewe­d Magnotta for the study Sex Work and Intimacy: Escorts and Their Clients, recognized his photo in a newspaper and notified Montreal police. McLeod, a research assistant, contacted police without the researcher­s’ permission.

Turk noted that Bourque said researcher-participan­t privilege is not absolute, “depending in each case on the balance between public interest in permitting important research with other interests such as facilitati­ng the investigat­ion of serious crimes.”

Lawyers representi­ng the University of Ottawa criminolog­ists had argued the 2007 interview with a subject known under the pseudonym “Jimmy” should be kept confidenti­al.

The lawyers said Magnotta participat­ed in the study as part of a survey of sex workers under the condition his interview would remain confidenti­al.

The Crown has 30 days to decide whether to appeal Bourque’s decision. Jean-Pascal Boucher, a spokespers­on for the Crown prosecutor’s office, said lawyers will study the decision to see whether there are any points in law that need to be appealed.

Magnotta is scheduled to be tried in Montreal in September on charges of first-degree murder, causing an indignity to a human body and producing and distributi­ng obscene material.

 ?? MIKE MCLAUGHLIN/ CANADIAN PRESS FILES ?? Luka Magnotta, in artist’s sketch in a Montreal court last March, took part in an academic video interview in 2007.
MIKE MCLAUGHLIN/ CANADIAN PRESS FILES Luka Magnotta, in artist’s sketch in a Montreal court last March, took part in an academic video interview in 2007.

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