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Far from Exhaustive…

Sylvia's Site
November 7, 2013

http://www.theinquiry.ca/wordpress/

A number of people have been asking questions regarding the pending sex abuse trial of Oblate priest Father Eric Dejaeger.

Here then is a brief update. I have spoken to persons close to the case. This is far from an exhaustive account of what to anticipate, but is to give a general idea and to answer questions which have been posed to me. Remember that time lines can change due an unexpected change in circumstances, and the setting of dates for verdict and sentencing depend on both the time the judge feels he/she needs or wants, and the common availability on any given date of a courtroom, judge, defence and the Crown.

(1) The Edmonton charges will be prosecuted in Edmonton, Alberta. There will have to be a change in dates there: his preliminary hearing in Edmonton is scheduled for 2-3 December 2013. Since he will be at trial in Iqaluit that if course is impossible. As soon as a new date is set I will pass it on

(2) Douglas Curliss, a prosecutor with the Public Prosecution Service of Canada Regional Office in Saskatoon, is the lead prosecutor for the case. He will be assisted by Scott Hughes of Iqaluit, and Barry Nordine, formerly of Iqaluit and now of Halifax, Nova Scotia.

(3) The trial is scheduled to start 18 November 2013 and will run until 20 December 2013. That’s five weeks vs the ten weeks originally scheduled some time back. The ten weeks were based on estimates at the time;.

(4) The witnesses will travel to Iqaluit, Nunavut. Most witnesses live in Igloolik. Those who travel to Iqualuit will be in the city for a short time, long enough to get settled prior to taking the stand, and then back home after testifying.

No complainants currently live in Baker Lake, so, while there have been charges related to allegations of sex abuse in Baker Lake, no complainants currently reside in that community

(5) About 30-40 witnesses will be called for the prosecution, most, but not all of whom, are complainants.

(6) The charges date from the years 1978 to 1982. All charges laid are in accord with the Criminal Code of Canada which was in effect at the time

(7) Counselling support for complainants pending the trial is currently underway in a variety of locations. The majority of complainants are in Igloolik so the largest presence is in that area. When they travel to Iqaluit to testify a lot of complainants will bring a support person with them. Services will be provided in conjunction with victim services, RCMP, local health org and the elder system

(8) There are currently 75 charges against Dejaeger. That number will probably be reduced prior to the start of the trial, For example, (i) Father Dejaeger will probably enter guilty pleas to some of the charges, (ii) in some case charges will be dropped due to insufficient evidence, (iii) in some cases where there is more than one charge for one complainant the charges might be combined, (iv) in some cases where there is more than one charge for one complainant Dejaeger may plead guilty to one charge and another may be dropped

(9) Although it is not anticipated, there is always a possibility that Father Dejaeger may at the 11th hour enter a guilty plea to all charges against him

(10) On the charges to which Dejaeger is going to plead guilty there will be an agreed upon statement of facts (between the defence and Crown) which will be read into the record. In the process there may also be a guilty plea to a charge but with a dispute between both sides as to some of the facts. In the latter case evidence would have to be called

(11) There is probably more than one charge of bestiality, possibly as many as four

(12) After all testimony is heard and evidence presented final submissions by defence and Crown should be made and finished on or by 20 December 2013. The judge will probably reserve his/her decision until some time after Christmas. That date will be set before court recesses.. (There is of course a possibility that the trial will wrap up before 20 December. There is also an outside possibility that it will need extra time.)

(13) On the date set, the verdict will be rendered. The judge will read his/her decision in court on the set date. These decisions are sometimes quite lengthy and contain the judge’s reasons for the decision. There may be convictions on some charges and acquittals on others.

(14) After the verdict, if, as anticipated, there have been guilty pleas to some of the charges at the start of trial, a date will have to be set for a sentencing hearing. And IF the verdict on any of the charges which went to trial is guilty there still needs to be a date set for a sentencing hearing

(15) After the verdict is rendered, if there are convictions, the defence can at that time ask for a pre-sentence report. A pre-sentence report is to assist the judge in sentencing. If a report is requested additional time will be allowed for preparation of the report. During this time the Crown time will be in touch with victims to see if they wish to give a Victim Impact Statement at the sentencing hearing. There will be support services available, including for those whose charges may have resulted in an acquittal.

(16) Victims who want to give a Victim Impact Statement will have the option of how they wish to present it. They can do it by paper, or by video-link. My understanding is that it may be possible for those who wish to do so to present in person in the courtroom.

(17) If there is to be a pre-sentence report, the sentencing hearing could run for two to three days of court time, and perhaps more, this to deal with both the report and the reading of the Victim Impact Statements

(18) The judge could impose sentence immediately or a few hours after the pre-sentence report (if there is one) and Victim Impact Statements are given. He/she could also set the actual sentencing for another date.

(19) If there is a conviction the judge will take into consideration the time Father Eric Dejaeger has spent in jail (since January 2011)

As I say, far from exhaustive, but a bit of an idea of what to expect.

Enough for now,

Sylvia

 

 

 

 

 




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