Latest news with #CourtofKing'sBench
Winnipeg Free Press
a day ago
- Winnipeg Free Press
‘He should never have been charged'
A Manitoba judge says a group home worker never would have been charged with sexually abusing a teenage girl had Winnipeg police and a provincial investigator conducted a proper probe into the allegations. 'In fact, it appears overwhelmingly clear that he could not have abused the child as suggested, and that he should never have been subjected to these proceedings,' wrote Court of King's Bench family division Judge Kaye Dunlop in a June 25 ruling. The man, who's in his late 50s, had worked in group homes and provincial corrections for decades, but lost his job, reputation and health, as well as his relationship with his only child for a 'significant period of time' over the false allegations. John Woods / THE CANADIAN PRESS FILES 'Incomplete, single-minded and careless investigations that lead to such catastrophic consequences simply cannot happen,' said Dunlop. 'All institutions involved… must do more than the bare minimum to properly investigate and scrutinize the evidence before proceeding with allegations of child abuse.' Dunlop made the comments in her decision on an August 2021 attempt by the Child and Family All Nations Coordinated Response Network to have the worker's name placed on the provincial child abuse registry. The worker opposed the move, which led to court proceedings last year. Dunlop found he had not abused the girl as defined under the Child and Family Services Act and should not be placed on the registry. Crown prosecutors had stayed criminal charges of sexual assault and interference related to the girl's allegations during the worker's trial in February 2020. There were significant inconsistencies in her testimony compared with what she had told investigators. After the charges were stayed, the child welfare agency moved to have the worker added to the abuse registry. The worker is referred to by the initial 'M.' in Dunlop's decision. 'If any of the investigators tasked with investigating the child's allegations had actually done what they were supposed to do, they would have determined that there was sufficient objective evidence to be found that would have exonerated M. well before he was charged with criminality of a sexual nature,' wrote Dunlop, adding the vulnerable girl was owed 'a much greater duty of care than she received.' Dunlop said the girl likely faces long-term damage because of the stress of court proceedings and of not having been believed. The judge said she believes the girl may have been sexually assaulted at some point and that she doesn't think the girl, who is now an adult, intentionally fabricated her claim about M. The investigation was sparked in 2017, when the 15-year-old girl told her favourite worker at the Marymound group home that she had been sexually abused two years earlier while she stayed at another group home. That worker reported it to the girl's social worker, who reported it to the Child and Family All Nations Coordinated Response Network. The agency called in the provincial investigations unit, which is responsible for probing child abuse allegations related to child welfare system workers. A child abuse investigator interviewed the girl in February 2017, while she was pregnant and staying at a Winnipeg home for teenage single mothers. She told the investigator she had been sexually touched in the group home office in August 2015 by a white bald man who rode a bike to work. She referred to the worker by a short version of M.'s first name. The girl, who's from northern Manitoba, was taken to a city hospital and then the group home after she tried to harm herself in her home community in July 2015. The provincial investigator had a forensic investigator at Toba Centre conduct another interview with the girl days later, which was observed by a city police officer, who showed her an improper photo lineup. The police officer identified M. as the staffer, despite the child appearing unsure. The first police officer to handle the case didn't complete the investigation. The second officer to be given the case assumed it had been completed, Dunlop said. The second officer interviewed M. and later followed up for Crown prosecutors, but did not fully examine evidence or conduct thorough interviews with potential witnesses. Wednesdays Sent weekly from the heart of Turtle Island, an exploration of Indigenous voices, perspectives and experiences. M. 'quite literally begged' police and the provincial investigator to probe for information that would exonerate him, like looking at group home records, conducting interviews with a number of potential witnesses, including group home staff, and examining the layout of the facility, which would have made it impossible for him to abuse the girl in the manner she alleged, the judge wrote. The worker was eventually arrested and criminally charged in October 2017. After the criminal proceedings fell apart in early 2020, the same provincial abuse investigator interviewed M. in July of that year. Dunlop concluded the provincial investigator failed to review rafts of information — including information from the criminal proceedings in which the charges were stayed — before informing the child welfare agency the abuse claim had been substantiated. That played a pivotal role in the agency's move to have M.'s name placed on the abuse registry. Erik PinderaReporter Erik Pindera is a reporter for the Free Press, mostly focusing on crime and justice. The born-and-bred Winnipegger attended Red River College Polytechnic, wrote for the community newspaper in Kenora, Ont. and reported on television and radio in Winnipeg before joining the Free Press in 2020. Read more about Erik. Every piece of reporting Erik produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press's tradition, since 1872, of producing reliable independent journalism. Read more about Free Press's history and mandate, and learn how our newsroom operates. Our newsroom depends on a growing audience of readers to power our journalism. If you are not a paid reader, please consider becoming a subscriber. Our newsroom depends on its audience of readers to power our journalism. Thank you for your support.
Edmonton Journal
7 days ago
- Edmonton Journal
House arrest for Edmonton man who killed passenger in dangerous driving crash
Article content Time behind bars isn't necessary for an Edmonton motorist whose reckless driving caused a fatal crash four years ago, an Edmonton judge has ruled. Article content Court of King's Bench Justice Peter Michalyshyn on Thursday sentenced Yasin Artar for dangerous driving causing death, handing him a two-year conditional sentence to be served in the community. Article content Article content The sentence comes months after Artar pleaded guilty for the 2021 crash that killed his friend Arshdeep Bedi, 20. Article content Article content The Crown asked for a three-year prison term, but Michalyshyn said the community sentence would suitably denounce Artar's actions and deter others from dangerous driving. He also imposed a five-year criminal driving prohibition. Article content Article content According to an agreed statement of facts, Artar slammed his Mercedes into a lamppost on Rabbit Hill Road just before 3 a.m. on July 24, 2021. Three passengers were inside the car, which was travelling a minimum of 111 km/h in a 60 km/h zone when Artar lost control while cornering. The impact sheared off the back third of the vehicle, spraying debris including the driveshaft and battery across four lanes of traffic and into the fences of nearby homes. Article content 'The collision caused the light standard to bend nearly in half and was almost pulled out of the ground completely, notwithstanding its six-foot concrete base,' Michalyshyn said. Article content Article content Bedi was thrown 30 metres and died at the scene. Artar, 24, and the other passengers were 'relatively unscathed.' He remained at the scene tried to help his mortally wounded friend. Article content Article content While the police investigation determined Artar was speeding at the time of the crash and had alcohol in his system, it came up short on specifics. The best investigators could say was that the Mercedes was travelling at least 111 km/h on the roadway and 96 km/h when it struck the lamppost. They also determined Artar's blood alcohol level was 'in excess of the legal limit,' though neither the exact legal limit nor the amount of alcohol in his system were before the court. Article content Artar pleaded guilty to the single count last October. His lawyer, Graham Rapson, sought a conditional sentence, while Crown prosecutor Meghan Rohatyn asked for three years in prison. Article content Michalyshyn credited Artar for his guilty plea and the 'genuine shame and remorse' he feels for the crime. The guilty plea came despite potentially triable issues, including the admissibility of a blood sample, Michalyshyn said.
Global News
7 days ago
- Global News
Saskatchewan man found not criminally responsible in stabbing death of girlfriend
A Court of King's Bench judge in Saskatoon says a man who fatally stabbed his girlfriend in 2022 is not criminally responsible for his actions. The verdict came down Thursday morning, weeks after Thomas Hamp's lawyers argued he was suffering from OCD, cannabis use disorder and was on the realm of schizophrenia spectrum. Get breaking National news For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy Hamp admitted to stabbing Emily Sanche during his trial, saying his delusions ramped up in weeks before the attack. He thought the secret police were coming to take him and Sanche away to 'torture and murder them.' Defence lawyer Brian Pfefferle said in May Sanche was loved by all, including Hamp. 'There would be absolutely no reason why any sane person would do anything to harm her, and our position is that frankly no sane person would harm her,' said Pfefferle. Story continues below advertisement More to come.
Calgary Herald
7 days ago
- Calgary Herald
Martin: Dangerous-offender ruling caution for con men
Article content Serial con artists beware; your preying upon vulnerable people for your own gains could get you locked up indefinitely. Article content That's the lesson Alberta fraudster Jeff Kent learned last week when a Court of King's Bench judge declared him a dangerous offender and handed him an indeterminate prison term. Article content Article content Preyed on women Article content As noted by Postmedia Edmonton colleague Jonny Wakefield, Justice Melanie Hayes-Richards found Kent's repeated preying upon women he met on dating sites while concocting elaborate schemes to defraud tens of thousands of dollars from five victims. Article content Article content The dangerous offender tag is usually reserved for the most violent of criminals, usually serial sex offenders who can't resist their urges to violate victims for their own perverse gratification. Article content Article content 'Mr. Kent is a dangerous offender whose criminal behaviour caused severe psychological damage,' said Hayes-Richardson, as quoted by Wakefield. Article content 'He is a predator who targeted vulnerable single women, some of whom were recently separated, and some of whom had young children. Using lie upon lie, he inserted himself into his victims' lives, promising a bright and secure future. Instead, he wreaked havoc. He destroyed their finances and left some financially destitute.' Article content While the physical pain and anguish of being violently victimized eventually heals, the psychological harm can linger for months, years, decades and even lifetimes. Article content Article content Article content As Hayes-Richardson noted, the law pertaining to dangerous offenders isn't limited to criminals who commit physically violent acts. Article content Article content Under the Criminal Code, an individual can be declared a dangerous offender if a court finds they have committed a pattern of repetitive conduct 'showing a failure to restrain his or her behaviour and a likelihood of causing death or injury to other persons, or inflicting severe psychological damage on other persons.' Article content It's the latter portion of that clause that Hayes-Richardson focused on. Article content While defence counsel Jeinis Patel submitted Kent's frauds didn't meet that criteria, arguing the harms he caused were primarily economic, the Edmonton judge found otherwise after hearing from the offender's victims, who described the 'severe psychological damage' their relationships with Kent caused them.
Winnipeg Free Press
01-07-2025
- Winnipeg Free Press
Woman in $5-M lotto fight with ex says money is hers
The woman being sued by her ex-boyfriend over a $5-million lottery ticket says it was a gift and she is the rightful winner. In a statement of defence filed in the Court of King's Bench on June 27, Krystal McKay claims Lawrence Campbell purchased the Lotto 6/49 ticket for her one day before her birthday as a present. In a lawsuit filed May 14, Campbell claimed he bought the ticket in January 2024, but allowed McKay to claim it as her own — believing he could not receive the money unless he had government-issued ID and an active bank account. SUPPLIED Krystal McKay claimed the $5-million Lotto 6/49 prize on Jan. 20, 2024. McKay said in court papers no such discussion occurred. 'There was never a discussion between the parties, nor with (Western Canada Lottery Corp.), as to this defendant claiming the prize on behalf of the plaintiff due to his lack of government-issued identification,' the court filing says. McKay and Campbell went to the WCLC building on Jan. 22, 2024 to claim the prize money, the statement of defence said. There, McKay signed multiple documents, including one in which she claimed to be the lawful holder of the ticket. 'The plaintiff was present with her and did not dispute this or suggest otherwise,' the statement of defence reads. Campbell signed a release of claim, which acknowledged he did not have any claim to, or interest in, the ticket or corresponding prize, the court papers say. Campbell's lawsuit claims the pair were in a 'loyal, committed and promising romantic partnership' at the time and accuses McKay of cutting contact with him shortly after the funds were deposited in her bank account. McKay's lawyers minimized that claim in the statement of defence, and said they had dated on and off following the death of Campbell's mother in 2022. In fact, McKay asked that they end the relationship in December 2023, one month before the lotto win, the statement of defence says. McKay denies she 'ghosted' Campbell or refused to take his phone calls or answer his messages. Campbell's suit claims she took out a restraining order against him after the lotto win, which she denied. The court filing claims McKay had the ticket in her wallet and, one morning after waking up in a friend's basement, Campbell saw the ticket on the floor and asked McKay to check the numbers. 'The plaintiff saw the lottery ticket and handed it to her for her to check, at which time she went directly to the Lotto 6/49 website … when this defendant realized she won, she advised the plaintiff… The plaintiff never stated, nor was it discussed that he had won the Lotto 6/49 jackpot,' the court papers say. The statement of defence says a video taken by Campbell at the 777 Sherbrook St. Shoppers Drug Mart shows McKay confirming the winnings. Campbell states in the video his 'girl won the lotto.' The lottery corporations jointly issued a news release on Jan. 30, 2024, announcing McKay as the winner of the $5-million prize. It said McKay's partner gave her the winning ticket as a birthday gift. Campbell's lawsuit denied he bought the ticket 'solely as a birthday gift,' instead saying he purchased the ticket himself, but asked her to hold onto it because he 'had recently lost his wallet.' Campbell's lawyer, Chad Panting, called the statement of defence 'absurd, ungracious and selfish.' 'It doesn't surprise (Campbell) that Miss McKay would deny the allegations, but to deny the 'trust' inherent in accepting such a 'romantic birthday gift' from a 'romantic partner' in a 'romantic relationship,' itself in such a selfish manner, is what goes too far for the plaintiff, and only compounds his shock, disbelief and emotional heartbreak,' Panting said in a statement to the Free Press Monday. On June 13, Court of King's Bench Justice Brian Bowman ordered McKay's assets frozen and approved a temporary injunction prohibiting her from selling or transferring real estate, vehicles or anything that has a value greater than $3,500 while the case proceeds. Tuesdays A weekly look at politics close to home and around the world. The order only applies to property and items McKay purchased after the $5 million was deposited into her bank account. The court compelled her to provide a list of her assets worth more than $3,500, so it can be reviewed by lawyers. Campbell's lawsuit also names the WCLC and Manitoba Liquor & Lotteries as defendants. It claims the WCLC provided improper advice to Campbell, and accuses Manitoba Liquor & Lotteries of having deficient or non-existent oversight when disbursing the funds. The claims haven't been tested in court. The WCLC and Liquor & Lotteries haven't issued statements of defence. Nicole BuffieMultimedia producer Nicole Buffie is a multimedia producer who reports for the Free Press city desk. Born and bred in Winnipeg, Nicole graduated from Red River College's Creative Communications program in 2020 and worked as a reporter throughout Manitoba before joining the Free Press newsroom in 2023. Read more about Nicole. Every piece of reporting Nicole produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press's tradition, since 1872, of producing reliable independent journalism. Read more about Free Press's history and mandate, and learn how our newsroom operates. Our newsroom depends on a growing audience of readers to power our journalism. If you are not a paid reader, please consider becoming a subscriber. Our newsroom depends on its audience of readers to power our journalism. Thank you for your support.
