Saturday, June 10, 2017

A lawyer representing the Sun and the CBC was also in court Tuesday requesting the publication ban be lifte

I am curious why there was a publication ban in this case in the first case and  secondly, why the family has to go to court to get the publication ban removed. The family wants her named. She is dead. Why can't they simply say her name to us?

Surely the victim has been victimized enough?

Surely we can now let her be known to the world as per the wishes of her family?

Or is the objective of the publication ban to make her an anonymous NOBODY so that the public can't see her as  a human being but as one of the faceless masses who die and are forgotten?

If the victim was not part of the publication ban deal and if the family wants her name public after her death then why don't we just have her named without the business of going to court? Such a waste of time and money.
Not to mention the stress to the family.

Good for the Sun and CBC for also requesting that this woman be named to us.
It's ridiculous that although the Tories are gone in Alberta we are stuck with their dinosaur ways.


http://www.edmontonsun.com/2017/06/06/chief-judge-to-examine-court-ordered-shackling-and-jailing-of-sexual-assault-victim


Family wants to lift publication ban on identity of sexual assault victim


FIRST POSTED: TUESDAY, JUNE 06, 2017 10:54 AM MDT | UPDATED: TUESDAY, JUNE 06, 2017 08:59 PM MDT
LawlawlawThe Edmonton Law Courts, housing provincial courts, family courts, the Court of Appeal and Court of Queen's Bench, is seen in downtown Edmonton, Alta., Monday, June 9, 2014.
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The family of a sexual assault victim who was jailed while giving evidence against her attacker — and has since died — is seeking to have a publication ban on her identity removed.

"I want her to be known," said the woman's mother, speaking Tuesday outside the Edmonton Law Courts. "The name has to come out."

The mother was supported at court by her other children and daughter-in-law. The family said they don't want what happened to be forgotten, and want the justice system held accountable.

"They failed her big time," the victim's sister-in-law said.

Court of Queen's Bench Justice Eric Macklin said Tuesday he would hear the family's application, but granted Crown prosecutor Patricia Innes time to consider her position.

A lawyer representing the Sun and the CBC was also in court Tuesday requesting the publication ban be lifted.

The family plans to file letters of complaint against provincial court Judge Raymond Bodnarek, who granted the Crown's request that the indigenous woman be taken into custody during the preliminary hearing against her attacker.

The homeless woman was determined to be a "flight risk" and held in the Edmonton Remand Centre for five nights and shackled while in court to give testimony at a 2015 preliminary hearing. She was sometimes driven back and forth to court in the same prison van as her attacker.

The victim's sister-in-law said the family made the decision Tuesday after seeing a statement from provincial court Chief Judge Terry Matchett that he cannot conduct a review or issue sanctions because he hasn't received a complaint of misbehaviour or misconduct against Bodnarek.
Matchett did say he would examine the circumstances of the case.

Justice Minister Kathleen Ganley has ordered an independent investigation, and tasked a special committee to review the case.

The woman's attacker, David Lance Blanchard, was eventually found guilty of aggravated sexual assault, kidnapping, unlawful confinement, possession of a weapon, threatening to cause death or bodily harm and breaching conditions of his release. He was acquitted of attempted murder.

Blanchard had dragged the woman inside his apartment and sexually assaulted her in 2014.

Macklin, who presided over Blanchard's trial, in his decision apologized to the victim, calling the lower court's treatment of her "appalling."

The victim never heard the apology, having earlier been killed in an unrelated incident.

When the family arrived in court Tuesday, it was the first time any of them had seen Blanchard, who is applying for a stay of his convictions in the attack.

The mother stopped and stared at Blanchard before taking her seat, and later wiped away tears and shook her head as Blanchard's lawyer argued his client's rights have been violated by the living conditions at the remand centre, where he is held in lockup 23 hours a day as a maximum security prisoner.

Blanchard has a long record of convictions for violent and sexual offences. He has not been sentenced in the woman's case.

The closing arguments in his application were expected to wrap up Wednesday.

pparsons@postmedia.com


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