Alberta's chief judge will examine case of jailed sexual assault victim - Action News
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Edmonton

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

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'

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)

Alberta's chief provincial court judge said he will lookinto 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 TerryMatchettsaid 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 givenher in light of a publication ban wassavagely attacked, stabbed and sexually assaulted by notorious sexual predatorLance Blanchard.
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, onthe first day of a preliminary hearinginto the case, Cardinal kept falling asleep and had trouble focusing and answering questions.

Crown prosecutor PatriciaInnesasked 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 DianaGoldie, assigned to the case by legal aid, agreed to Cardinal's incarceration. Provincial court JudgeRaymondBodnarekgranted 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 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.

Matchettsaid 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 ormisconductedhimself 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.

Matchettsaid 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.
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 Crownhas refused to ask the court to lift the publication ban on Cardinal's name.

CBC askedCrown prosecutor PatriciaInnesrecentlyif she would have done anything differently in the case, knowing what she knows now.

"No," she said.

Innes and Goldie declined interview requests.