Sex abuse complainants may testify by video link: Nunavut judge

Two 15-year-old Nunavut girls, both of whom are complainants in a complex set of sexual abuse allegations involving six men from their community, may give evidence via videoconference at upcoming preliminary inquiries and trials, Justice Robert Kilpatrick ruled in a written judgment released this week.

The six men, four of whom are involved in Kilpatrick’s judgment, face “a multitude of sexual offences against two young female complainants,” Kilpatrick said.

Right now, the two girls, known only as “AB” and “CD,” are getting treatment at a residential care centre in Saskatchewan called the Ranch Ehrlo Society, where they’ve lived since early 2010.

“During my assessment of both [AB and CD], it was apparent that they have experienced a multitude of traumatic experiences, including the tragic death of their mother in February of 2010,” a clinical psychologist from the centre said in a deposition to the Nunavut court.

The psychologist also said the two girls suffer from depression and suicidal thoughts.

In May 2010, the two girls, whose home community is called “Community X” in Kilpatrick’s judgment, made disclosures that the psychologist referred to police. This led to the laying of charges against four men.

Crown lawyer Doug Garson, in an application heard June 24, asked Kilpatrick to let the young girls stay in Saskatchewan and testify in a videoconference.

To make that happen, he also asked for a change of venue from Community X to Iqaluit, where the courthouse building is supplied with video equipment and courtroom space not available in Community X.

To support this request, Garson provided the court with the psychologist’s assessment of the girls’ emotional state:

“Based on this assessment, I do verily believe that requiring both girls, especially [AB], to testify in their home community in the same room as the accused will have a significant detrimental impact on their emotional and mental states,” the psychologist said in the deposition.

Defence lawyers representing the four accused opposed the application, saying a videoconference arrangement deprives them of the right to face or confront their accusers and cross-examine them.

But after a long, detailed look at the history of the common-law right to face-to-face confrontation with an accuser, Kilpatrick granted the Crown’s request.

“The ‘right’ of face-to-face confrontation forms no part of the tenets of fundamental justice guaranteed by the Charter. It is the right to a fair trial and the right to make full answer and defence that is protected,” Kilpatrick said.

And Kilpatrick said the proposed videconference link between Saskatchewan and Iqaluit would still let defence lawyers to cross-examine the witnesses and allow a jury to observe them.

The four men from Community X who face sex charges in relation to the case are Benjamin Hainnu, Nicodemus Illauq, Billy Kuniliusee and Seetee Paniloo.

The Crown is proceeding by indictment, a process used for more serious offences, against Hainnu, Kuniliusee, and Paniloo. All three have elected trial by judge and jury and still await preliminary inquiries.

The Crown is proceeding by a summary process against Illauq, who still awaits a trial.

Hainnu’s lawyer did not oppose a change of venue, but the lawyer representing the other three men did oppose the idea.

Kilpatrick, however, ordered that all four cases be moved from Community X to Iqaluit.

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