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.
[1] D.R. is charged with three sexual-related offences involving a young girl, D.O.
[2] D.R.’s trial before a judge and jury is scheduled to take place in Walkerton in January 2015.
[3] The accused has brought a third party records Application.
[4] After 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.).
[5] I 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.
[6] The publication ban remains. The in-camera nature of this hearing continues.
[7] The 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.)
[8] D.O., of course, is the complainant child.
[9] This 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.
[10] The 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.
[11] The 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)
[12] D.M.-O. is the child’s brother.
[13] This sub-file contains two case notes.
[14] Neither case note pertains to D.O.
[15] In 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)
[16] P. is the surname of the child’s mother.
[17] This sub-file contains Referral Reports, Safety Assessments, Investigation Case Notes, Case Notes, a Family Risk Assessment and an Incomplete Investigation Update.
[18] All 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.
[19] The records are confined to other child protection issues.
[20] In 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)
[21] This 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.
[22] All of these records relate to D.O. And all of them are relevant to similar complaints made by D.O. about other persons.
[23] The 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)
[24] This sub-file contains one case note.
[25] The case note does not pertain to D.O.
[26] In 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)
[27] This 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.
[28] All 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)
[29] R. is the surname of the accused.
[30] This sub-file contains a Referral Report, an Investigation and Closing/Transfer Summary, Case Notes and Supervision Case Notes.
[31] All 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.
[32] The records are confined to other child protection issues.
[33] In 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
[34] This 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.
[35] These 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)
[36] This sub-file contains a Referral Report.
[37] The 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.
[38] The record is confined to other child protection issues.
[39] In 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)
[40] This sub-file contains a Referral Report.
[41] The 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.
[42] The record is confined to other child protection issues.
[43] In 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)
[44] S.J. is the foster mother. This referral includes matters pertaining to both foster parents.
[45] This sub-file contains a Referral Report, a Safety Assessment, an Investigation and Closing/Transfer Summary, Case Notes and an Investigation Case Note.
[46] All 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.
[47] The records are confined to other child protection issues.
[48] In my preliminary view, subject to hearing further submissions, these records do not appear to have any likely relevance to an issue at trial.
Conclusion
[49] If 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.
[50] Pending those submissions, the records most susceptible to being disclosed to the Defence are those in sub-files one, four, six and eight.
[51] Even those documents, however, do not provide evidence that the child has ever recanted an allegation of having been touched sexually by anyone.
[52] Further, those documents do not provide conclusive evidence that any of the child’s allegations were false.
[53] In 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.
[54] I hope that this summary is of some assistance to counsel and the parties.
Conlan J.
Released: November 26, 2014
COURT FILE NO.: CR13-847
DATE: 20141121
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
HER MAJESTY THE QUEEN
- and -
D.R.
Applicant/Accused
JUDICIAL SUMMARY OF
THIRD PARTY RECORDS
Conlan J.
Released: November 26, 2014