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Manitoba

Woman testifies about 'embarrassing, shocking and uncomfortable' vaginal exam by former doctor

A former Manitoba doctor is back in provincial court in Winnipeg to face fivecounts of sexual assault four months after a previous trial on similar charges was cut short by the Crown.

Arcel Bissonnette accused of assaulting female patients when he was doctor in Ste. Anne

A man with grey hair and wearing glasses walks past a building as the sun shines. He has a light spring jacket, white collared shirt and black tie.
Arcel Bissonnette leaves the courthouse in Winnipeg on Monday afternoon. (Darren Bernhardt/CBC)

WARNING: This article contains graphic content and may affect those who have experienced sexual violence or know someone affected by it.

A former Manitoba doctor is back in provincial court in Winnipeg to face five counts of sexual assault four months after a previous trial on similar charges was cut short by the Crown.

Arcel Bissonnetteis accused of assaulting female patients when he worked in Ste. Anne, southeast of Winnipeg, between 2004 and 2017.

In total, he was charged with 22 counts and has pleaded not guilty to all of them.

On Monday, a former patient told court that during a physical exam in February 2015, Bissonnetterepeatedly inserted and removed his fingers from her vagina, about four times in all.He then conducted a breast exam before packing up her file and heading out the door of the exam room, the womansaid.

A publication ban is in place on any information that could potentially identify the complainants.

The woman said she was surprised he was leaving so quickly and called to him because she had questions. When he turned, he was holding the file low by his hip but the woman could see he had an erection.

The woman testified the situation, including the exam,was "embarrassing, shocking and uncomfortable" but she did not go to policeuntil she heard news reports in November 2020 about Bissonnette being charged with six counts of sex assault, and the police encouraging other potential victims to come forward.

At that time, the woman said she "felt it was my duty" to go to police so theother women would not feel they were alone.

"I guess I felt betrayed in a way, too. Who are you to trust if you can't trust your doctor?" she said.

Trial for first 6 charges

The College of Physicians and Surgeons of Manitoba barred Bissonnette from practising as soon as the first six charges were announced.Police laid an additional 16 countsin 2021 after more women filed reports.

A trial onthe original six charges was heldin January 2023 but ended before it could really begin. After a week of adjournments, the Crownentered a stay of proceedings, saying the likelihood of conviction had changed with new evidence that came to light.

The current judge-only trial is for five counts and is scheduled to last until May 26.There were originally six but one was stayed as part of the first trial.

Crown prosecutor Renee Lagimodieretold court a total of sixwitnesses will be called, five of whomare former patients and one of whom is a doctor who will testify as to the proper procedures for physical exams.

The remaining 10-count indictment against Bissonnette isset for yet another trial, beginningin February 2024.

Lawyer challenges memories

During cross-examination,defence lawyer Lisa LaBossiere challenged the woman on her memory of the events, noting more than five years had passed between her exam and when she reported to police.

"Recalling something that happened six months ago can be difficult with the passage of time,"LaBossiere said.

"When it comes to physicals, you remember more," the woman replied.

But LaBossiere noted several inconsistencies with what the woman said to police in 2020and her Monday testimony, including the order of events in February 2015. She also saidshe had not yet viewed the video recording of her police statement, then changed her testimony to say she did.

Monday was also the first time the woman mentioned anything about a file, said LaBossiere, who castdoubt on the story, sayingphysical patient files no longer exist they are all stored on computers.

"I could be mistaken," the woman said. "Right now I'm extremely scared and nervous and embarrassed."

Regarding the physical exam,LaBossieresuggested Bissonnette never removed and re-inserted his fingersbut readjusted them as he checked one side of her pelvis and then theother.

As forBissonnette's state of arousal,LaBossieresaid the woman described his pants as being pleated. By that nature, they are baggier in front,LaBossieresaid.

She asked if the woman happened to glance at Bissonnette's groin prior to seeing the erection, in case the pants just look that way.

The woman said she had not noticed them beforehand. And shecould not say, in response to another suggestion from LaBossiere, whetherBissonnetteperhaps had something in his pocket.

After framingthe woman's testimony as problematic,LaBossiere cited a quote the woman madeto police in 2020, when she said "I'm not the greatest on information."

Support is available for anyone who has been sexually assaulted. You can access crisis lines and local support services through this Government of Canada website or the Ending Violence Association of Canada database. If you're in immediate danger or fear for your safety or that of others around you, please call 911.