Friday, June 9, 2017

My father doesn't take the decision to deprive someone of their liberty lightly, especially someone who has committed no crime---Sean Bodnarek----------------So then why did he do it?


Simons: Let’s not look away from just how horribly this case went off the rails.
If a middle-class white woman hesitated to testifying against her rapist, she wouldn’t end up in chains.
EDMONTONJOURNAL.COM
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Julie Ali "The judge who ordered this treatment was Ray Bodnarek, Alberta’s former deputy minister of justice. Before his appointment to the bench by the Redford government in 2013, he was the department’s highest-ranking bureaucrat." 

If the highest bureaucrat
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June 5 at 9:22pmEdited
Toni Alarcon And then to put this women into the same vehicle with the man who brutalized her just blows ones mind! Alberta is full of conservative judges like this! Remember that Calgary judge who asked a women why she didn't just close her legs? Sad part is that this investigation will go nowhere! At most a glove slap on the wrist!
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June 5 at 9:00pm
Julie Ali Toni Alarcon That is why there needs to be action by the justice minister and by the GOA. The investigation will provide no new information; this is the usual way the GOA handles "emerging issues" that they don't want the public to focus on. Unfortunat...See More
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June 5 at 9:25pm
Mina Lee I so agree with you! And it's so disturbing we have judges like this -- and he was the former deputy minister of justice?! What a joke!
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June 5 at 10:36pm
Salman Siddiqui Judges are appointed for life. Removal of a judge can only be done by the Chief Justice with full process overseen by Judges Council (?) 

As far as I know it's not an easy process. The idea behind this is to ensure that Judges cannot be pressurised into partisan judgments.
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June 5 at 11:44pm
Julie Ali Salman Siddiqui Wow. This seems like a difficult process but it should be initiated.
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June 5 at 11:59pmEdited
Brian Zack Remove the judge from the bench
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June 6 at 6:33am
Cee Dee Hawn Remove him and charge him. What he did was illegal, not just immoral.
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June 6 at 10:05pm
Grace Tavares Matheson There is so much more to this story that the public does not know. Too bad you don't see what happens in court on a daily basis. And it has nothing to do with one's race.
Dar Dealmeida Grace Tavares Matheson 
Doubt the same treatment would have happened to a white women! Just sayin
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June 8 at 7:27am
Toni Alarcon Grace Tavares Matheson Sad but true! Every race seems to have a downside. But this case seems to have a worst downside that should be investigated!
Louis Tiedemann Brian Zack - maybe we should wait for the investigation to be completed before passing judgement.
Reply10 hrs
Julie Ali Louis Tiedemann What will the investigation reveal to us that the facts to date haven't? We also have chatter from the son that indicate that the father was merely helping to ensure testimony by putting a drug withdrawal case into prison and that he had no idea of how she would be treated. If a judge has no idea how an innocent victim would be treated in jail then he must be very innocent himself or naive. Did the judge think he was sending this woman to a hotel? In other words, if the treatment by the correctional staff does not absolve the judge of either his ignorance about the consequences of his judgement. He is at the highest level of the justice system and he wants citizens to believe that he has no idea about how victims retained against their will for testimony would be treated by the justice system? How then did this judge get to become a judge if he doesn't know the justice system inside out? Finally I frankly find it unbelievable that judges would not know. In addition there were other options he could have sentenced her to such as a closed ward in a psychiatric unit at the Grey Nuns Hospital with a security guard posted outside her door. Why weren't these other options considered? I mean I have seen people in hospital who have a security guard outside their door and I believe that an innocent woman could have been similarly accommodated and the only question now is why wasn't she treated as a medical case rather than as a prison case?
Reply7 mins
Julie Ali Brian Zack I think the government of Alberta should be consulted as per the Law Society of Alberta: 
From: Intake <Intake@lawsociety.ab.ca>
Date: Tue, Jun 6, 2017 at 7:59 AM
Subject: RE: LSA Website Request: How are judges in Alberta disciplined?
To:

Good morning Ms. Ali;

Provincial Court Judges in Alberta answer to the office of the Solicitor General; complaints can be filed against them by calling 780-427-2745.

Trevor Jones
Intake Specialist
Early Intervention Programs

500, 919 – 11th Avenue SW Calgary, Alberta T2R1P3
Phone: 403.930.7218 | Toll Free: 1.800.661.9003
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Clayton Coroon Crazy thing is this is happen over and over until these judges realize it isn't 1880 anymore.
This idiot should immediately be replaced.
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June 5 at 9:58pm
Alice McNabb Gradauer Why is there a publication ban on her name and why has cbc used a typical indigenous name instead of Jane Doe? I wonder how the women actually named Angela Cardinal feel. I hope the inquiry into MMIW is paying attention to this incident, which is such an illustration of deep disrespect by powerful people.
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June 5 at 11:04pm
Julie Ali I don't see the reason for the ban on her name either unless the family requested this.
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June 5 at 11:58pm
Doug Stirling Pretty sure they used a typical Indigenous name because she is indigenous and not a typical Caucasian name like Jane doe because she's not Caucasian.
Makes sense to me🙄
Imagine how Jane doe feels🤔
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June 6 at 6:36amEdited
Dan Belisle They published her name a couple days ago but now there is a ban. Supposedly to protect the family.
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June 6 at 1:00pm
Julie Ali Dan Belisle But the family wants her name published.http://www.edmontonsun.com/.../chief-judge-to-examine... 
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.
The provincial court’s top judge will examine…
EDMONTONSUN.COM
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Toni Alarcon Almost incomprehensible?? Both this judge Bodnarek and crown prosecutor Patricia Innes should get their arses fired now! Who are these people??
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June 5 at 8:18pm
Julie Ali I agree with you. And what is even more surprising is that Justice Minister Kathleen Ganley has not even mentioned this as a penalty for this abuse of power.
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June 5 at 8:45pm
Salman Siddiqui Government cannot fire a judge. Chief Justice has to complete the process with full Judges Council to do so.
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June 5 at 11:47pm
Julie Ali Salman Siddiqui Then why was I told by the Law Society to go to the government as noted here: 
From: Intake <Intake@lawsociety.ab.ca>
Date: Tue, Jun 6, 2017 at 7:59 AM
Subject: RE: LSA Website Request: How are judges in Alberta disciplined?
To:

Good morning Ms. Ali;

Provincial Court Judges in Alberta answer to the office of the Solicitor General; complaints can be filed against them by calling 780-427-2745.

Trevor Jones
Intake Specialist
Early Intervention Programs

500, 919 – 11th Avenue SW Calgary, Alberta T2R1P3
Phone: 403.930.7218 | Toll Free: 1.800.661.9003
Reply1 min
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Sheila Watcheston Systemic racism at the highest level only furthers more enabling of MMIW...only until this changes will society as a whole change its view towards our daughters, nieces, granddaughters & indigenous women unfortunately...sad but true...
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June 6 at 9:10pm
Jeanne Lauck Too many people sit in remand wrongly....ask the dads falsely accused of domestic violence who do not have the means of hiring a lawyer to defend them..
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June 5 at 10:19pm
Braden Hirsch A witness gets detained at the Remand Centre because she is homeless? A victim in jail? ANd ordered by a judge. This needs a special review and hopefully it happens. How terrible for the victim.
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June 6 at 10:41am
Jo-Anne Cooper Is there contact information where we can complain and request that those involved be reviewed, tried and disbarred and removed from the bench and/or fired? As a taxpayer i wanted my employee to have a review and to be terminated.
Julie Ali From: Intake <Intake@lawsociety.ab.ca>
Date: Tue, Jun 6, 2017 at 7:59 AM
Subject: RE: LSA Website Request: How are judges in Alberta disciplined?
To:

Good morning Ms. Ali;

Provincial Court Judges in Alberta answer to the office of the Solicitor General; complaints can be filed against them by calling 780-427-2745.

Trevor Jones
Intake Specialist
Early Intervention Programs

500, 919 – 11th Avenue SW Calgary, Alberta T2R1P3
Phone: 403.930.7218 | Toll Free: 1.800.661.9003
ReplyJust now
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Brenda Peachey that poor woman....disgusting treatment!! so is the ignorant judge being held accountable for his stupidity? probably not...right?
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June 5 at 11:11pmEdited
Julie Ali There is an investigation. Usually what this means is nothing happens.
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June 5 at 11:59pm
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Melinda Jones Absolutely tragic story, the judge that gave the order is ultimately to blame
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June 7 at 6:26pm
Ray Eberle This is why the blues is still relevant in this day and age....
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June 6 at 8:04am
Mike Olesik More mess the pc cons left behind.
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June 5 at 11:59pm
Nancy Hack An utter travesty!
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June 5 at 10:25pm
Mike Olesik Ask the pc,s to make an apology.
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June 7 at 11:04am
Helen Atkinson HOW MATURE ARE OUR JUDGES?
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June 5 at 11:52pm
Sarah Josey Terrible
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June 6 at 4:39am
Susan Csapo I hope she sues large!!
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June 5 at 10:01pm
Anita Simaganis She died
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June 6 at 2:33pm
Patricia G. Bell She was killed in 2015...😢
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June 6 at 11:30pm
Louis Tiedemann Anita Simaganis - not many people seem to care about that.
Reply10 hrs
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Alice McNabb Gradauer No, not cops.
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Tom Storey This was hard to read. it hurt.
Sad
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June 5 at 10:35pm
Julie Ali I agree with you. She was victimized over and over again.
ReplyJust now





Interesting version of events on the decision to put the sexual assault victim in prison to secure her testimony but I wonder why this same objective could not have been achieved by putting the victim in a hospital ward if she was in drug withdrawal and have a security guard outside her door? I imagine this option was not considered because no one bothered to consider this option.
In this sort of situation the judge (in my opinion) should think of all possible options and how is it possible that the judge would not know of the treatment of folks put into custody? Isn't a judge the person best to know of such treatment? I would think that he would have direct experience with the workings of the justice system or how did he end up as a judge?
Frankly speaking I don't buy these explanations. If the judge did not know about the problems of jailing a witness then he should have got informed so that there would be no possible problems. Not knowing about possible problems is no excuse in my opinion. You would think that a judge of all people would do his due diligence and get informed on the fate of victims who are put in jail for the purposes of testimony. Blaming the correctional staff for the treatment of this victim does not absolve the judge from the fact that he put the victim in this degrading situation. Sorry Sean Bodnarek, in my opinion, your daddy made an inappropriate judgement and the censure he received from the citizens of Alberta is wholly appropriate.

The son of a provincial court judge who made a controversial decision to jail a sex assault victim has publicly defended his father in a Facebook post that has since been deleted.
CBC.CA

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A judge has every legal right to retain a witness for testimony purposes but I can't imagine why this judge did this retention in this manner.
1) We are told that the judge did it to ensure that the assailant would go to jail. Well fine, then put the victim in appropriate custody such as a hospital that treats drug addicts with a security guard present. This option ensure medical attention for the problem we are told of is the reason for the retention--a drug withdrawal.
2) We are told the judge did not know that the retained victim would be inappropriately treated by correctional staff. So let me get this straight. The judge puts her in jail and then expects the correctional staff to treat her like a hotel guest? What the heck? Surely the judge would know that they would treat her like a prisoner? The correctional staff did their jobs. In my opinion the judge should have communicated that to the correctional staff that the victim was not to be treated as they treated other inmates.
3) We are told that race was not a factor. Really? I somehow doubt this for the simple reason that a woman who is homeless is in a far different situation than a woman with cash and a lawyer. You get my drift.
4) We are told that the judge was thinking only for the woman and her drug withdrawal. Fine. If this was the case why did he not sentence her to a drug withdrawal program before any other matter?
5) While it is nice that the son is speaking up for his daddy, I am here to tell the son that your daddy goofed up. He may not have intended the resultant mess for this victim but his use of his power as a judge gave her grief and harmed her. I believe it was a second assault after the first one. Your daddy should be ashamed of himself in my humble opinion and maybe think about his use of power on defenceless folks. Think about it a long time.

http://www.cbc.ca/news/canada/edmonton/ray-bodnarek-judge-angela-cardinal-1.4150750

Judge's son defends jailing of Edmonton sex assault victim

'The suggestion that she could spend the weekend with her mother was not an attractive one' — Sean Bodnarek

By Janice Johnston, CBC News Posted: Jun 07, 2017 9:44 PM MT Last Updated: Jun 08, 2017 10:01 AM MT
Sean Bodnarek, the son of Alberta provincial court judge Ray Bodnarek, has publicly defended his father in a Facebook post.
Sean Bodnarek, the son of Alberta provincial court judge Ray Bodnarek, has publicly defended his father in a Facebook post. (Facebook)
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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 provincial court Judge Ray Bodnarek's son Sean, a law student and former judicial clerk in Edmonton, has defended his father in a Facebook post about the controversy over how a sexual assault victim was treated.
The post was up for only 24 hours before it was removed Wednesday evening after CBC News asked for comment from him and his father. Originally, Sean Bodnarek made the post public and asked others to share it.  
In the now-deleted post, he wrote, "I feel like I must comment on this because it is in defence of my father, who is in short the best person I know. He deserves the title of Honorable as much as any judge in the country. He is being portrayed as a villain and a racist."
Alberta provincial court Judge Ray Bodnarek
Alberta provincial court Judge Ray Bodnarek in a photo posted on Facebook in December 2013. (Facebook)
In June 2015, Judge Bodnarek ordered sex assault victim Angela Cardinal (a pseudonym) into custody at the Edmonton Remand Centre.
The request to issue the order was made by Crown prosecutor Patricia Innes after Cardinal was having difficulty staying awake and focused during her first day on the witness stand at Lance Blanchard's preliminary hearing.
A decision later issued by Queen's Bench Justice Eric Macklin questioned the jurisdiction of the lower court judge to incarcerate Cardinal.
Many others have criticized Bodnarek and Innes for the decisions they made. Alberta's justice minister has ordered a full investigation of the incident.
Sean Bod
Sean Bodnarek
Facebook post from Sean Bodnarek's account as of Wednesday June 7, 2017. (CBC)

Victim's alleged drug use

The judge's son suggested his father ordered incarceration to deal with Cardinal's drug addiction after "many, many attempts to procure testimony from her.
"She was hysterical rocking back and forth in the fetal position," Sean wrote. "One has sympathy for her since she was in the death grip of methamphetamine withdrawal."
Lance Blanchard
Convicted sex offender Lance Blanchard faces possible designation as a dangerous offender. (Edmonton Police Service)
The law student continued with claims that are found nowhere in the transcript of the preliminary hearing. It's unclear what the source of his information was, since it was not in the public record.
He claimed: "The crown had put her up in a hotel the night before the hearing and she abused methamphetamines the entire night before the trial."  
Bodnarek then shared what appeared to be his father's thought process at the time.  
"The suggestion that she could spend the weekend with her mother was not an attractive one to my father…. It was all but certain that she would abuse methamphetamine the entire time and would again be in no condition to provide reliable testimony."
Sean said his father's decision to remand Cardinal was motivated by the desire for her to "detox over the weekend in a safe setting."
The transcript from the preliminary hearing showed the judge somewhat reluctantly ordered Cardinal into custody the first time, because she appeared to be unable to answer questions.
The judge was told by the prosecutor and others they did not know why she was so upset and sleepy.
In a later written decision, Queen's Bench Justice Eric Macklin wrote, "Even though she acknowledged having used crack cocaine for some of the period prior to June 2015, she said she stopped about two and one-half weeks prior to her testimony at the preliminary inquiry. There is no credible evidence to the contrary."

Judge's son blames guards

Sean characterized Cardinal's treatment while in custody as "disgraceful," referring to her being held in shackles and being forced into close proximity with the man who attacked her.
But, he insisted, "this had nothing to do with my father. My father does not share any blame for this."
He wrote: "The monumental incompetence, insensitivity and stupidity of the sheriffs and remand guards are wholly to blame for her mistreatment."
During the preliminary hearing, Judge Bodnarek was told about Cardinal being put into the same prisoner transport van with the man who attacked her. The preliminary transcript showed he said, "I want it clear on the endorsement that they are not transported together."
Angela Cardinal
Angela Cardinal was ordered into custody at the Edmonton Remand Centre for five nights while she testified at her attacker's preliminary hearing. (Edmonton Police Service)
The judge also directed a no-contact order between Blanchard and Cardinal.  
He also said, "I'm not sure what else we can do, other than just to make sure that the individuals involved in the handling and transport are aware of the necessity to keep her and Mr. Blanchard separate and apart."

Son rejects suggestions of racism

In his lengthy Facebook post, Sean also defended his father as "the farthest thing from a racist who sympathizes deeply with the most vulnerable in society."
Others have suggested Cardinal never would have been incarcerated if she was non-Indigenous.
Sean rejected that suggestion.
"I guarantee my father would have arrived at the same determination if Angela was white, black, aboriginal or any other colour," he wrote.
Judge Bodnarek declined comment on his son's Facebook post, as did Alberta Justice Minister Kathleen Ganley.
Calls made to Sean Bodnarek were not returned.
Prisoner transport van
The judge was told Cardinal was placed in the same prisoner transport van as her attacker. He issued an order to make sure that mistake was not repeated. (Sam Martin/CBC News )











































































  • Interesting version of events on the decision to put the sexual assault victim in prison to secure her testimony but I wonder why this same objective could not have been achieved by putting the victim in a hospital ward if she was in drug withdrawal and have a security guard outside her door? I imagine this option was not considered because no one bothered to consider this option.
    In this sort of situation the judge (in my opinion) should think of all possible options and how is it possible that the judge would not know of the treatment of folks put into custody? Isn't a judge the person best to know of such treatment? I would think that he would have direct experience with the workings of the justice system or how did he end up as a judge?
    Frankly speaking I don't buy these explanations. If the judge did not know about the problems of jailing a witness then he should have got informed so that there would be no possible problems. Not knowing about possible problems is no excuse in my opinion. You would think that a judge of all people would do his due diligence and get informed on the fate of victims who are put in jail for the purposes of testimony. Blaming the correctional staff for the treatment of this victim does not absolve the judge from the fact that he put the victim in this degrading situation. Sorry Sean Bodnarek, in my opinion, your daddy made an inappropriate judgement and the censure he received from the citizens of Alberta is wholly appropriate.

    The son of a provincial court judge who made a controversial decision to jail a sex assault victim has publicly defended his father in a Facebook post that has since been deleted.
    CBC.CA

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