Friday, June 9, 2017

a fair and accessible justice system for all Albertans--Family members said they are also angry with the Crown for not allowing the victim’s name to be published. The mother said her daughter was smart and strong, and people should know who she was.----------The woman, who was originally from Maskwacis, Alta. and can’t be identified, was shackled and handcuffed during her testimony. On at least two occasions, she had to ride in the same prisoner van as her attacker.----


If the family of this victim wants her name to be published I see no reason for the court system to deny her this bit of justice. I mean the court system seems to have denied her any semblance of decent treatment in the pursuit of "justice".

 The "justice" system forced her into prison -shackling and handcuffing her for no reason that I can see.  They also got her to ride in the same vehicle with the man who attacked her. Can you imagine this folks?

What sort of justice system is this that finds both the person committing an offence and the person who is subject of this offence to be treated the same?

Might as well not report any sexual assault if you are going to be re-victimized by the justice system in Alberta.
Truly an appalling case.


It's yet more evidence that the PCs who appointed the judge involved in this case should never be restored back to power; I mean here is the Denis guy telling us one thing and the actions of the judge are in opposition to what he says--in this particular case.

http://news.nationalpost.com/news/don-braid-sex-assault-victim-who-was-shackled-and-jailed-yet-another-example-of-failure-of-justice

Bodnarek, the judge who agreed with confining Angela, had previously been Alberta’s deputy minister of justice and deputy attorney general, effectively the administrative boss of the whole system.
In 2010, then PC Justice Minister Alison Redford (later the premier) sent Bodnarek the Tobaccogate memo, in which she indicated that a law firm involving her ex-husband was the best choice to handle the province’s anti-tobacco litigation.
PC Justice Minister Jonathan Denis appointed Bodnarek to the bench in 2013, with high praise for his efforts “to maintain and enhance a fair and accessible justice system for all Albertans.”
http://news.nationalpost.com/news/don-braid-sex-assault-victim-who-was-shackled-and-jailed-yet-another-example-of-failure-of-justice

Don Braid: Sex assault victim who was shackled and jailed yet another example of failure of justice

Don Braid, Postmedia News | June 6, 2017 | Last Updated: Jun 6 12:03 PM ET
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Minister Ganley addresses treatment of a victim of crime
After the death of little Serenity, after ex-judge Robin Camp wondered why a sexual assault complainant didn’t keep her knees together, doubts about Alberta’s justice system were certainly growing.
But this latest — the case of Angela Cardinal — is so offensive to natural justice that it can literally make you gasp, or gag.
If this can happen in our courts, what can’t happen?
The victim of a brutal sexual and physical assault was locked in the Edmonton Remand Centre for five nights during a preliminary hearing into charges against her assailant, Lance David Blanchard.
Edmonton Police Handout
Edmonton Police HandoutAn Edmonton Police photo of Lance David Blanchard, a repeat offender who was found guilty of the sexual assault and kidnapping of the woman dubbed "Angela Cardinal."
Blanchard had savagely stabbed and beaten her. And yet, she found herself being hauled into court in leg shackles.
This indigenous woman of 28, whose real name can’t be used because of a court order, stood up for herself.
“I’m the victim, and look at me, I’m in shackles,” she told provincial court Judge Raymond Bodnarek.
He ordered her back to a cell. “Aren’t you supposed to commit a crime to go to jail?” she asked.
Not necessarily, it seems. Off she went to the slammer, where she was sometimes confined in a cell close to her attacker. She was also driven with him to court in the same vehicle.
The CBC’s Janice Johnston reported this case in detail Monday morning, and by afternoon it was all over the legislature.
Greg Southam/Postmedia News
Greg Southam/Postmedia NewsKathleen Ganley, Minister of Justice and Solicitor General talks to the media in a file photo. She has said repeatedly the justice system failed a sexual assault complainant who was jailed and shackled during her testimony.
Justice Minister Kathleen Ganley had already apologized to the family of the victim. She launched an inquiry and vowed that the law allowing detention of witnesses will never again be used without approval from the highest level.
Quite an appalling set of circumstances … no victim should ever be treated that way
It’s obviously intended to prevent flight by complicit or hostile witnesses, not blameless victims.
In response to questions from Wildrose Leader Brian Jean, Premier Rachel Notley also apologized.
“It was a tragedy and actually quite an appalling set of circumstances … no victim should ever be treated that way.”
Jean said: “I practised criminal law for 10 years, and I’ve never heard of a victim of sexual assault being shackled and jailed by the system meant to protect her, when she was willing to testify and had committed no crime.”
Ganley wonders if this would happen to anybody but an indigenous woman.
Screengrab
ScreengrabImages of an Alberta woman who was shackled and jailed during five days of testimony in a sexual assault trial where she was the complainant. She received 27 stitches as a result of a stab wound to her left hand.
It’s the question people still ask about Serenity, the four-year-old First Nations child who died after being brutalized over an extended period, yet still wasn’t worth an autopsy report for almost two years.
Bodnarek, the judge who agreed with confining Angela, had previously been Alberta’s deputy minister of justice and deputy attorney general, effectively the administrative boss of the whole system.
In 2010, then PC Justice Minister Alison Redford (later the premier) sent Bodnarek the Tobaccogate memo, in which she indicated that a law firm involving her ex-husband was the best choice to handle the province’s anti-tobacco litigation.

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PC Justice Minister Jonathan Denis appointed Bodnarek to the bench in 2013, with high praise for his efforts “to maintain and enhance a fair and accessible justice system for all Albertans.”
Blanchard’s charges went to trial in Court of Queen’s bench, where he was convicted in 2016 by Justice Eric Macklin.
By then Angela Cardinal had already been shot dead in an unrelated incident, another indigenous life snuffed after hardship and indignity.
In a postscript to his judgment, Macklin said Cardinal’s treatment by the preliminary hearing court was “appalling” and “she is owed an apology.”
Screengrab
ScreengrabEvidence from the crime scene where the woman dubbed "Angela Cardinal" was held captive and sexually assaulted.
Then he added the only sense we have of this anonymous woman’s character. I find it heartbreaking.
“In her testimony, she confirmed that she had graduated from Grade 12 and was a good student,” Macklin wrote. “It is not difficult to accept this would be true, as she clearly came across as an intelligent woman during her testimony.
“While there were times when she was clearly distraught, much of her testimony was given in a clear, cogent, coherent and articulate manner.
“She spoke of having some artistic talent and displayed a sense of humor when suggesting that drawings she had taken depicting the accused’s apartment and the accused were not of Picasso quality.
“When shown a particular photograph of the scene, she identified a piece of paper on the floor as a poem that she had written.
“She recited the poem in court and indicated that she kept it in her sock so that in the event it fell out, she could ‘make someone smile from a distance without knowing it … cute little things like that might make life beautiful.'”
The judge found it unfortunate that “her life circumstances did not allow society to see or experience her intelligence and artistic qualities.”
One circumstance was unfathomably callous treatment from the system that was supposed to give her justice. Alberta courts may be pressured and underfunded, but nothing excuses such a failure of basic humanity.

Julie Ali
Just now

Troubling indication to all Albertans that our justice system fails our most vulnerable and defenceless citizens much like the healthcare system fails the mentally ill. It is not entirely clear to me why the judge in this case would commit this aboriginal woman to jail rather than to a hospital room. I believe that this could be an option. If the judge had felt she was a flight risk then he could have put her in hospital with a guard outside her door.
It's very clear to me at least that a rich woman in this situation would not be in this situation for long because she would have the lawyer, the media notified and this judge would have been revealed to the court of public opinion which is alas, less amenable to the baloney of flight risk than the justice system itself.
I would say that this case is an indictment of the justice system. It failed big time.
Now what is going to be done about it? Nothing.
An investigation.
Some public chatter.
A slap on the wrist if that.
And we all go back to sleep.
Only the family is harmed and the woman who has since died. Why can't we have her name? I guess the justice system wants to victimize her right to the end of time because it can do it. The family wants her name public so why can't it be public? Because the justice system says no.

This latest — the case of Angela Cardinal, who was jailed during her testimony — is so offensive to natural…
NEWS.NATIONALPOST.COM
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Julie Ali
1 min

There needs to be more than an investigation but this is Alberta and I guess there will be money spent to prettify what can't be justified in any way and we will all go back to sleep again.
Very poor performance by the justice system and troubling that this appears to be selective treatment. Would a well off woman from Riverbend, Edmonton be subject to this sort of abuse of power? Doubtful.
I guess we don't need an investigation to see the preferential treatment meted out to the poor, the homeless, those with mental health issues and who are aboriginal. This is merely a more blatant case of the other abuses in the system that are present.
The PCs for example created a Trespass to Premises legislation that also allows abuse. Why are families separated from loved ones in continuing care with the use of this banning law? I guess when there is an imbalance of power, folks in government and their associated bodies in health care/ continuing care can do whatever they want to do and these matters are all made legal by government itself.
There is no justice in this case or in the cases of banning where families have no voice. We can see that government is a shell of what it is meant to be in a democracy. A sort of shell within a shell and all of these shells must be revealed as the delicate fragile concoctions they are so that we can create a more durable machinery that serves the people.
In this case, justice was not served. A woman's human rights were ignored. The government of Alberta is revealed as it is--unfair in its creation of laws. the justice system is revealed as it is--an inequitable body that uses laws to abuse the rights of the poor. And we are revealed as we are--as bystanders in the accident of DeMockracy.


The family of a sexual assault victim who was jailed and shackled while testifying against her attacker is angry about how she was treated by Alberta's justice system…
GLOBALNEWS.CA
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http://globalnews.ca/news/3507819/family-angry-over-treatment-of-alberta-sexual-assault-victim-she-didnt-do-anything-wrong/


June 6, 2017 5:00 pm
Updated: June 6, 2017 8:11 pm

Family angry over treatment of Alberta sexual assault victim: ‘She didn’t do anything wrong’

By John Cotter The Canadian Press
WATCH ABOVE: The victim's mother cried in court Tuesday at a hearing for the man who attacked her daughter, who cannot be named, in an Edmonton apartment. The details of the case are horrific. Quinn Ohler reports.
- A A +
The family of a sexual assault victim who was jailed and shackled while testifying against her attacker is angry about how she was treated by Alberta’s justice system and wants the man to spend the rest of his life in jail.
Lance Blanchard was found guilty last year of aggravated sexual assault, kidnapping and unlawful confinement for the 2014 attack.
Relatives of the 28-year-old indigenous homeless woman came face to face with Blanchard on Tuesday during a court hearing over his treatment at the Edmonton Remand Centre.
“It hurts. I want him in jail. I don’t want him out here. I don’t want anybody else to get… raped and beat up,” the woman’s tearful mother said outside court.
“I wanted to know why he did that to my baby. Why her? I don’t mean for anybody else for that to happen to them. Why my baby?”
The Crown is seeking to have Blanchard declared a dangerous offender. Blanchard’s lawyer is trying to block the move.
At a 2015 preliminary hearing for Blanchard, a judge agreed with the Crown that the victim should spend five nights in the remand centre during her testimony. The Crown was concerned about her behaviour and whether she would return to court otherwise.
The woman, who was originally from Maskwacis, Alta. and can’t be identified, was shackled and handcuffed during her testimony. On at least two occasions, she had to ride in the same prisoner van as her attacker.
06-06-sexassaultvic5
The family of a sexual assault victim is upset about how she was treated by the Alberta justice system.
Court exhibit: Court of Queen's Bench
06-06-sexassaultvic7
The family of a sexual assault victim is upset about how she was treated by the Alberta justice system.
Court exhibit: Court of Queen's Bench
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On Monday, Alberta Justice Minister Kathleen Ganley called the case “disturbing and tragic” while announcing two investigations into how the victim was treated. Ganley has apologized to the family.
The mother said the minister’s words gave her no solace.
“It didn’t matter. She is already gone,” the mother said. “She didn’t do anything wrong. She was a happy-go-lucky girl.”
The woman was killed in an unrelated shooting last year.
Family members said they are also angry with the Crown for not allowing the victim’s name to be published. The mother said her daughter was smart and strong, and people should know who she was.
The victim’s sister-in-law said the woman’s relatives still can’t believe how she was treated.
“This shouldn’t have happened — how she was handcuffed, shackled. There were other options. They didn’t try to find the family, saying can she stay here while the trial was going on. They didn’t try to take her to a woman’s shelter.
“They failed her big time.”
The Alberta Judicial Council said Tuesday it had not received any complaints about how provincial court Judge Raymond Bodnarek conducted Blanchard’s 2015 preliminary hearing.
Provincial court Chief Judge Terry Matchett said he has no authority to review decisions made by judges during trials or preliminary hearings, including decisions about keeping a witness in custody, which is allowed under the Criminal Code.
But Matchett said he will look at what happened to determined if anything can be learned.
“I will be conducting a detailed examination of all of the circumstances of this case,” he said in an email.
Watch below: Kathleen Ganley believes, in this “unacceptable” treatment of a sexual assault victim, “there is plenty of blame to go around.”
A different judge who found Blanchard guilty in December expressed regret that the woman was held in custody.
“She was remanded into custody on the mistaken belief that she was ‘a flight risk’ and that she was simply incapable of participating properly in the court proceedings,” Justice Eric Macklin wrote in his ruling released earlier this year.
“Her treatment by the justice system in this respect was appalling.”
Alberta Premier Rachel Notley said Tuesday the woman’s treatment “was absolutely unacceptable.”
“The system failed her on a number of different fronts.”

— With photo and video files from Global News



Alberta's chief judge will examine case of jailed sexual assault victim

'I will be conducting a detailed examination of all of the circumstances of this case'

By Janice Johnston, CBC News Posted: Jun 05, 2017 7:40 PM MT Last Updated: Jun 06, 2017 11:59 AM MT
The identity of a sex assault victim who was sexually assaulted in 2014 remains protected by a publication ban, despite the fact that she has since died in an unrelated shooting.
The identity of a sex assault victim who was sexually assaulted in 2014 remains protected by a publication ban, despite the fact that she has since died in an unrelated shooting. (Edmonton Police Service)
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Janice Johnston
Janice Johnston is an award-winning journalist in Edmonton who has covered the courts and crime for more than two decades. You can reach her at janice.johnston@cbc.ca or on Twitter at @cbcjanjohnston

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Alberta's chief provincial court judge said he will look into the case of an Edmonton sexual assault victim locked up while testifying against her attacker.
"I will be conducting a detailed examination of all of the circumstances of this case to determine what, if any, lessons we as a court can learn," Judge Terry Matchett said in a statement.
His comments came the same day Justice Minister Kathleen Ganley appointed Manitoba criminal lawyer Roberta Campbell to conduct an independent investigation of Angela Cardinal's case and assigned a committee to make policy recommendations about placing victims or witnesses in custody.
In June 2014, Cardinal — a pseudonym the CBC has given her in light of a publication ban — was savagely attacked, stabbed and sexually assaulted by notorious sexual predator Lance Blanchard.
'Angela Cardinal's' mother
The mother of the sex assault victim wrote in an affidavit, 'It is important that (she) be named so that she is not simply another statistic.' (Zoe Todd/CBC News)
One year later, on the first day of a preliminary hearing into the case, Cardinal kept falling asleep and had trouble focusing and answering questions.
Crown prosecutor Patricia Innes asked that Cardinal be placed in custody under Section 545(1) of the Criminal Code, which permits a judge to imprison a witness who refuses to co-operate during a preliminary inquiry.
Court transcripts show defence lawyer Diana Goldie, assigned to the case by legal aid, agreed to Cardinal's incarceration. Provincial court Judge Raymond Bodnarek granted the request.
While testifying, Cardinal spent five nights at the Edmonton Remand Centre, even sharing a van with Blanchard on trips between the facility and the courthouse on at least two occasions.
Lance Blanchard
Lance Blanchard was convicted of aggravated assault, aggravated sexual assault, kidnapping, forcible confinement and uttering death threats. (Edmonton Police Service )
She was brought into the courtroom in shackles. During court breaks, she was placed in a cell near her attacker.
Seven months after her ordeal with the justice system, Cardinal died in an unrelated shooting.
Matchett said he has no authority to review decisions made by judges during trials or preliminary hearings, including a decision to jail a witness.
"It is only in a situation where it is alleged that a judge has misbehaved or misconducted himself or herself in some way that the chief judge or the judicial council can review the matter and, in an appropriate case, impose sanctions," he said.
Matchett said he has not received any complaints about the Cardinal case to date.

'Important that [she] be named'

Cardinal's mother hopes any review will consider lifting the publication ban on her daughter's name.
"I believe it's important that
[she] be named so that she is not simply another statistic," her mother wrote in an affidavit this spring that asked the court to release her 28-year-old daughter's name.
Patricia Innes
Crown prosecutor Patricia Innes requested the incarceration of sexual assault victim Angela Cardinal and subsequently asked another judge to continue a publication ban on the victim's name.
"I want people to understand what happened to her and to hear her story. I believe that this is what she would have wanted as well. [She] was very proud and could stand up for herself. She was a strong person. She should have a voice."
Despite her death and the affidavit written by her mother, the Crown has refused to ask the court to lift the publication ban on Cardinal's name.
CBC asked Crown prosecutor Patricia Innes recently if she would have done anything differently in the case, knowing what she knows now.
"No," she said.
Innes and Goldie declined interview requests.




The only consequences for the folks involved in this case will be the education of citizens with reference to the inequities in the justice system.
The justice system is not designed to help citizens but rather to re-victimize them.
Don't think you will get justice in the system as this case indicates.
What you will get is the same punishment meted out to the assailant -to serve the convenience of the bureaucrats, politicians and justice folks.
It's all about convenience.
In this case the woman could have run for it even though she was apparently not going to run for it. So why take the risk? They simply hole her up and put her in jail. Hmmm... isn't this what you are supposed to do to the assailant and not the sexual assault victim? I guess it's all the same to the justice system that is indifferent to either of them.
In any case, we got an education in the justice system.
The justice system revealed it's many gap toothed smiles.
We're unconvinced by the Justice Minister's chatter of an investigation having been through the #PanelPolitics diversion of the Serenity case.
We find the chatter of the Chief Justice equally unconvincing.
I guess the education of citizens was the only good thing to come out of this business.
Also the finding that even in death, despite the fact that her family wants her name revealed, the justice system insists on keeping this woman unidentified--an anonymous case--in a futile justice system that punishes both the assailant and the victim alike.

Alberta's chief provincial court judge said he will look into the case of an Edmonton sexual assault victim locked up while testifying against her attacker.
CBC.CA

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