By Geoff Smith (@smithco on Twitter) with files from the Canadian Press

Ganley wants changes after victim jailed

Jun 5, 2017 | 11:57 AM

EDMONTON – Justice minister Kathleen Ganley says she wants policy changes within three months, in light of the case of a sexual assault victim who was held in custody and led into the courtroom in shackles while testifying in 2015.

A provision under the Criminal Code was used to hold the Indigenous woman in custody, after she had trouble with some of her answers during her attacker’s preliminary hearing. It was requested by the Crown and granted by the judge. Ganley said it is her understanding that the woman “wasn’t housed” at the time, and was tired and upset.

“The way this young woman was treated was absolutely unacceptable,” Ganley told reporters in Edmonton Monday, June 5, after a story about the case was published by CBC.

The woman’s name cannot be used due to a publication ban. She was killed seven months after the preliminary hearing, in what is described as an unrelated shooting. Her testimony was used as evidence at trial, which saw Lance Blanchard convicted of charges that included aggravated assault and aggravated sexual assault.

Ganley has ordered an independent investigation of the case, to be conducted by longtime criminal lawyer Roberta Campbell. In addition, a committee will be asked to recommend policy changes, to ensure the treatment the woman received is not repeated.

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Deb Tomlinson, the CEO of the Association of Alberta Sexual Assault Services, and lawyer Grace Auger, former vice president of the Indigenous Bar Association, will join the committee.

“What is clear is that both policies and people failed in this case. We failed this young woman in multiple ways, as our system continues to fail many survivors of sexual assault,” Ganley said.

“To those survivors, and to the young woman who tragically cannot be here to hear these words, I’m sorry. We can and we must do better.”

A section of the Criminal Code provides for up to eight days in prison for someone who refuses to testify at a preliminary hearing without a reasonable excuse. Ganley said to the best of the government’s knowledge, this case is the only time that provision has been used in Alberta.

by Geoff Smith (@smithco on Twitter) with files from the Canadian Press

Ganley wants changes after victim jailed

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