Former FACE principal dies, abruptly ending his sexual assault trial
Crown attorney Elaine Evans told the court her office received an email from Baugniet's daughter Wednesday night with information that 'Mr. Baugniet passed away (Wednesday) evening.'
Evans confirmed to The Gazette that the email was received Thursday at 1:02 a.m., adding, 'We are awaiting the death certificate for confirmation.'
In court, she asked that the trial be adjourned for one week in order for her office to verify the death certificate, following which the matter against Baugniet will be withdrawn.
The trial, which began Jan. 27, had been set to resume Thursday morning after being on pause since mid-February, and was to conclude on May 7. Thursday's schedule had included the testimony of an eighth and final alleged victim.
Reached Thursday, the man (whose identity along with that of other complainants is protected by a publication ban) said he was at home waiting to testify via Zoom Thursday morning when he received a call from the court informing him of Baugniet's death.
'I was flabbergasted,' he said. 'I didn't really know how to react. I've never been through a criminal trial: What happens when there's a death? ... I was just numb, not really processing exactly what it means. I wasn't mad, I wasn't happy — just, like, OK.'
Having been informed that the court proceedings would end once the death is confirmed, the man was disappointed he and other alleged victims would be robbed of the opportunity to see Baugniet convicted.
'For me, it was always about a conviction,' he said. 'I didn't really care about the sentencing. I'm really just hoping that at least (Baugniet's) legacy could have a mention of the accusations, even though they can never be confirmed — ... (so) when people look him up, he's not listed as a great educator but that he was accused of (sexual assault against children). That's about the best we can hope for.'
The man, who attended FACE in the 1980s, said he never thought the matter would one day end up in court.
'I never expected any of this to become public record,' he explained. 'I thought that ship had sailed years ago. At least (the criminal charges brought) some closure — not the full closure I would have liked, but it's there. I dealt with expecting there never to be anything. Now there's something, so it's an improvement.'
Baugniet was facing 17 sexual offence charges in Ontario Court involving eight former students at Victoria and FACE schools between 1973 and 1991. Baugniet was a teacher and principal at both schools; he co-founded the fine arts school FACE in 1975 out of the former Victoria School building, before FACE moved to its current location on University St.
FACE has been in the news recently since Quebec Education Minister Bernard Drainville announced the government had renounced the plans for long-awaited renovations to the University St. building, and said the building will be sold and the primary and high school sectors permanently separated.
The case against Baugniet originally comprised 20 charges and nine complainants, but some charges were dropped following the death of one of the complainants last year.
Baugniet had pleaded not guilty to all charges, which relate to events said to have occurred mostly at his farm in Lunenburg, Ont. He was self-represented in the case.
Filed according to the Criminal Code at the time of the alleged events, the charges include multiple counts of indecent assault on a male; intimidation — use of threats or violence; sexual assault on a person under 16 years of age; sexual assault of a person under the age of 14; sexual assault; and sexual interference.
Baugniet resided in Victoria, B.C., and had been appearing at the trial by Zoom because of high blood pressure that prevented him from travelling.
Baugniet was also facing two criminal charges in Quebec and was a co-defendant in a $16-million class action lawsuit along with the English Montreal School Board (EMSB).
Lawyer Pierre Boivin of Kugler Kandestin, which is representing complainants in the class action suit, said his firm heard from several alleged victims Thursday morning who were also complainants in the criminal proceedings.
'It's sad for the victims who testified in the criminal trial of Mr. Baugniet and won't have the opportunity to obtain justice on the criminal side because of the death of the person. ... It takes enormous courage and resilience to come forward,' Boivin said.
'They took time to denounce and testify against their aggressor, and to see all that end suddenly (with no resolution) — it's extremely difficult for the victims. They're hurt, disappointed, angry about the situation.'
The class action lawsuit against the EMSB will proceed, according to Boivin, who hopes the case may provide Baugniet's alleged victims with another avenue for justice.
'The civil procedure is independent from the criminal proceedings, and has a different goal,' he noted. 'The criminal proceedings are there to punish a person who has committed criminal acts. The civil proceeding is for people to be indemnified for damages caused by a person.'
Though Baugniet can no longer be pursued directly, his estate may be, according to Boivin. 'It's one possibility among others' under consideration, he said. 'It's too early to determine in that regard.'
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