R. v. D.R., 2014 ONSC 6879

ONTARIO

SUPERIOR COURT OF JUSTICE

COURT FILE NO.: CR13-847

DATE: 20141126

BETWEEN:

HER MAJESTY THE QUEEN

Brian Linley, for the Crown

• and -

D.R.

Hedley Thompson, for the Applicant/Accused

Debora Lyons, for the Complainant, D.O.

Esra Samli, for the Complainant’s mother, B.P.

Christopher Hutton, for Bruce-Grey Child and Family Services

J.C., the Complainant’s step-father, self-represented

HEARD: November 21, 2014

JUDICIAL SUMMARY OF THIRD PARTY RECORDS

Conlan J.

1D.R. is charged with three sexual-related offences involving a young girl, D.O.

2D.R.’s trial before a judge and jury is scheduled to take place in Walkerton in January 2015.

3The accused has brought a third party records Application.

4After hearing submissions, by decision released on 21 November 2014 (2014 ONSC 6779), the Court ordered that the Bruce-Grey Child and Family Services records for the complainant, D.O., be disclosed to the Court for review (the first stage of the third party records Application brought by the accused, D.R.).

5I subsequently unsealed and reviewed the records. For the benefit of counsel and the interested parties, this is a judicial summary of the records that I have reviewed in order to properly adjudicate the issues at the second stage of the Application.

6The publication ban remains. The in-camera nature of this hearing continues.

7The records are contained within one folder, but further divided into eleven sub-files. That is the way that they were deposited with the Court by Bruce-Grey Child and Family Services. The total number of pages is 116.

File Leaf One of Eleven (File: G-22750-F – D.O.)

File Leaf One of Eleven (File: G-22750-F – D.O.)

8D.O., of course, is the complainant child.

9This sub-file contains the Current Child Profile, Case Notes and a Closing Summary, although the Closing Summary appears to be for matters which predate the referral.

10The only two records that are relevant to similar complaints made by D.O. about other persons are the following:

• Case Note of Christie McIlveen, May 15 2014; and

• Case Note of Katie Simpson, May 10 2014.

11The Case Note of Ms. Simpson includes a summary of an interview that she had with a foster parent. That foster parent described D.O. as a “storyteller”.

File Leaf Two of Eleven (File: 22570-E – D.M.-O – January 29 & 30, 2011)

File Leaf Two of Eleven (File: 22570-E – D.M.-O – January 29 & 30, 2011)

12D.M.-O. is the child’s brother.

13This sub-file contains two case notes.

14Neither case note pertains to D.O.

15In my preliminary view, subject to hearing further submissions, these records do not appear to have any likely relevance to an issue at trial.

File Leaf Three of Eleven – (File: 22570 – P. – October 14, 2011)

File Leaf Three of Eleven – (File: 22570 – P. – October 14, 2011)

16P. is the surname of the child’s mother.

17This sub-file contains Referral Reports, Safety Assessments, Investigation Case Notes, Case Notes, a Family Risk Assessment and an Incomplete Investigation Update.

18All of these records relate to D.O., but none of the records appears to have any relevance to alleged similar complaints made by D.O. about other persons.

19The records are confined to other child protection issues.

20In my preliminary view, subject to hearing further submissions, these records do not appear to have any likely relevance to an issue at trial.

File Leaf Four of Eleven – (File: 22570 – P. – June 24, 2011)

File Leaf Four of Eleven – (File: 22570 – P. – June 24, 2011)

21This sub-file contains the following documents:

• Referral Report of Jason Dedrick, June 24, 2011;

• Investigation and Closing/Transfer Summary of Terry Foster, July 18, 2011;

• Case Note of Terry Foster, June 28, 2011; and

• Investigation Case Note of Amanda Neumann, June 25, 2011.

22All of these records relate to D.O. And all of them are relevant to similar complaints made by D.O. about other persons.

23The Case Note of Terry Foster contains a summary of an interview that she had with D.O.’s mother. The mother expresses doubt about a particular allegation of sexual impropriety made by the child about B.P.’s cousin.

File Leaf Five of Eleven – (File: 22570 – P. – January 30, 2011)

File Leaf Five of Eleven – (File: 22570 – P. – January 30, 2011)

24This sub-file contains one case note.

25The case note does not pertain to D.O.

26In my preliminary view, subject to hearing further submissions, this record does not appear to have any likely relevance to an issue at trial.

File Leaf Six of Eleven – (File: 22570 – P. – September 16, 2010)

File Leaf Six of Eleven – (File: 22570 – P. – September 16, 2010)

27This sub-file includes the following documents:

• Referral Report of Jason Dedrick, September 21, 2010;

• Safety Assessment of Amanda Newman, September 28, 2010;

• Investigation and Closing/Transfer Summary of Amanda Newman, October 13, 2010; and

• Case Note of Amanda Newman, September 22, 2010.

28All of these records relate to D.O. And all of them are relevant to similar complaints made by D.O. about other persons.

File Leaf Seven of Eleven – (File: 4869 – R. – October 20, 2011)

File Leaf Seven of Eleven – (File: 4869 – R. – October 20, 2011)

29R. is the surname of the accused.

30This sub-file contains a Referral Report, an Investigation and Closing/Transfer Summary, Case Notes and Supervision Case Notes.

31All of these records relate to D.O., but none of them appears to have any relevance to alleged similar complaints made by D.O. about other persons.

32The records are confined to other child protection issues.

33In my preliminary view, subject to hearing further submissions, these records do not appear to have any likely relevance to an issue at trial.

File Leaf Eight of Eleven – (File: G-22570 – P. – May 9, 2014

File Leaf Eight of Eleven – (File: G-22570 – P. – May 9, 2014

34This sub-file includes the following documents:

• Referral Report of Katie Simpson, May 11, 2014; and

• Investigation and Closing/Transfer Summary of Julie Kells, June 8, 2014.

35These two records both relate to D.O. And both of them are relevant to similar complaints made by D.O. about other persons.

File Leaf Nine of Eleven – (File: G-22570 – P. – May 3, 2014)

File Leaf Nine of Eleven – (File: G-22570 – P. – May 3, 2014)

36This sub-file contains a Referral Report.

37The Referral Report pertains to D.O., but the record does not appear to have any relevance to alleged similar complaints made by D.O. about other persons.

38The record is confined to other child protection issues.

39In my preliminary view, subject to hearing further submissions, this record does not appear to have any likely relevance to an issue at trial.

File Leaf Ten of Eleven – File: G-22570 – P. – January 15, 2013)

File Leaf Ten of Eleven – File: G-22570 – P. – January 15, 2013)

40This sub-file contains a Referral Report.

41The Referral Report pertains to D.O., but the record does not appear to have any relevance to alleged similar complaints made by D.O. about other persons.

42The record is confined to other child protection issues.

43In my preliminary view, subject to hearing further submissions, this record does not appear to have any likely relevance to an issue at trial.

File Leaf Eleven of Eleven – (File: 13032-FH – S.J. – January 28, 2011)

File Leaf Eleven of Eleven – (File: 13032-FH – S.J. – January 28, 2011)

44S.J. is the foster mother. This referral includes matters pertaining to both foster parents.

45This sub-file contains a Referral Report, a Safety Assessment, an Investigation and Closing/Transfer Summary, Case Notes and an Investigation Case Note.

46All of the records relate to D.O., but none of the records appears to have any relevance to alleged similar complaints made by D.O. about other persons.

47The records are confined to other child protection issues.

48In my preliminary view, subject to hearing further submissions, these records do not appear to have any likely relevance to an issue at trial.

Conclusion

Conclusion

49If necessary for counsel to make submissions on the second stage of the Application, I will provide further details about the records that I have reviewed at Court on November 28, 2014.

50Pending those submissions, the records most susceptible to being disclosed to the Defence are those in sub-files one, four, six and eight.

51Even those documents, however, do not provide evidence that the child has ever recanted an allegation of having been touched sexually by anyone.

52Further, those documents do not provide conclusive evidence that any of the child’s allegations were false.

53In some instances, though, such as the referral dealt with in sub-file number six, it could be inferred from the documentation that the allegation was thought to be unfounded because the CAS, in its Closing Summary, concluded that no further investigation (beyond a simple Safety Assessment) was required and no further action necessary.

54I hope that this summary is of some assistance to counsel and the parties.

Conlan J.