Former educator sees criminal charges stayed
Criminal charges against a former educational assistant at Hidden Valley Elementary School accused of sexually assaulting a former student between 2014 and 2018 have been stayed.
Criminal charges against a former educational assistant at Hidden Valley Elementary School accused of sexually assaulting a former student between 2014 and 2018 have been stayed.
William Auclair-Bellemare, 35, had been charged with sexual exploitation, sexual assault, sexual interference and invitation to sexual touching.
These allegations were related to incidents with a former Hidden Valley student in his care between 2014 and 2018.
“In this case, the Crown determined that there was no reasonable prospect of conviction and stayed the proceedings against Mr. Auclair-Bellemare,” Crown spokesperson Nathalie Houle said in an email to the Star on Thursday.
“The Crown has an obligation to continually assess its cases to ensure that they continue to meet the standard for prosecution.”
The Crown made the decision on Feb. 9. Stayed charges can be reinstated for up to a year.
In 2020, Auclair-Bellemare was convicted of sexual interference in relation to a 2019 incident with another student at the school. He served six months in jail.
He is also still facing criminal charges for the alleged abuse of another student at Hidden Valley. He has pleaded not guilty to those charges, and they have yet to be tested in court.
The Department of Education has faced overwhelming criticism for its response to Auclaire-Bellemare’s removal from Hidden Valley once it learned of the initial allegations of abuse in 2019.
The public was left relatively unaware of those allegations, even after they were confirmed in court, until CBC Yukon broke the story in 2021 after a civil suit was filed by parents of the student Auclair-Bellemare had been convicted of abusing.
Parents, youth advocates and the territory’s opposition parties criticized the government for failing to communicate what it knew with the public, or even the immediate school community.
An independent report issued by Vancouver lawyer Amanda Rogers early last year drew the same conclusion.
“At the heart of this independent review,” she wrote, “is the fact that the Department of Education did not communicate with families about Auclair-Bellemare having been removed from HVES, investigated, charged and subsequently convicted for sexually abusing a student at HVES.”
The Yukon Party and the NDP voted unanimously in 2021 on a non-binding motion to remove Minister Tracy-Anne McPhee from cabinet for her role as Education minister at the time of the scandal.
The government kept her in cabinet, and she currently heads the Departments of Justice and Health and Social Services.
The Department of Education apologized for its handling of the situation in September 2021.
The Yukon RCMP apologized at that same news conference for shortcomings in its investigation of abuse at the school, which it said failed to account for the possibility that Auclair-Bellemade had abused other students in his care.
Auclair-Bellemare is now facing charges in three civil suits, filed by parents of Hidden Valley students, for the alleged abuse of three different students.
The latest was filed in September 2022. None have been tested in court.
Comments (14)
Up 9 Down 3
Political Interference from an Inside Perspective on Feb 22, 2023 at 4:30 pm
In response to Public Interest? on Feb 21, 2023 at 8:44 am:
The rule of law does apply to senior management in YG. However, these people are working for the political interests of the power structure and are therefore protected from prosecution.
For example, the political interference in the Chris Schafer case was profoundly unethical. From the Chief, to Community Corrections management to the DM of Justice - Absolutely reprehensible behaviour!
The judicial system can’t withstand political interference:
“The purpose of law in a free and democratic society is to liberate, not to restrain. Our legal system and its independence from political interference helps contribute to a just society where power is constrained so that freedom and safety are available to all.”
“But this is a fragile system, built on trust in its legitimacy. That, however, has not stopped politicians from trying to place their thumbs on the scales of justice.”
Another example, the Magic Cool Bus guy was the victim of a corrupt Legal system and he was brought up on charges for which there was no credible evidence. He was unfairly persecuted and he was targeted for a Mental Health concern that did not exist - FFS! These people are stupidly scary.
You want to talk about misleading the Courts… WOW!
But hey, we live in a backwater town of nepotistic cronyism which is magnified by virtue of our inbred small town fish bowl for the optically impaired.
Someone is likely going to write a book about this shyt! I hope it’s soon because this is not incompetence it’s the intentional, willful blindness to facts, circumstances, and political pressures to facilitate a certain agenda.
Most people probably don’t know or care enough to be concerned that the Courts attempted to co-opt the DOJ into complicity in the Courts agenda - This is an absolute no-no and it smacks of the Crest Affair that went on between the executive and judicial branches over the newly constructed Philipsen Law Centre.
The 2nd floor mezzanine is a visual reminder to everyone of the necessity for Judicial independence - Judicial Independence must be more than mere words and policy - It must be seen to be done by the public - This is a very high standard that none of the Judiciary in the Yukon meet. And it is repugnant!
Many of these people do not deserve your respect or admiration. However, there have been some decent ones along the way. One of my favourites was former Justice Gower for the Supreme Court - He informed the Court that he did not have the jurisdiction to tell the Probation Officer what to do. This involved arguments about allowing a co-accused on a murder charge to stay at the halfway house. The defence lawyer and the halfway house circumvented protocol on this matter.
But my point here is - This Supreme Court Justice knew and confirmed for the public record that Judges cannot tell POs what to do. And this brings me to my concern with the lower Courts infringement into the DOJ notwithstanding the necessity of independence - This is required for the public’s safety, it’s ability to have confidence in the administration of Justice - But, WTF!
There is a good story to write here and it is a public interest one.
Up 13 Down 2
Incompetence and Sociopathy can look very similar on Feb 22, 2023 at 3:33 pm
Dear Wait --- on Feb 20, 2023 at 5:41 pm:
The dual portfolio thing is not in itself a conflict. However, her actions and her behaviours are. You know what’s even more messed up about this? A former Chief Crown until January 2019 was eventually endorsed by this sinister minister for a judgeship. This former Chief Crown worked under McPhee as a Deputy Minister.
This former Chief Crown practiced interference in the administration of Justice within the DOJ prior to its arrival in the DOJ as the Deputy Dog (Minister). It was well known that the Crown’s office was in a state of conflict both internally and externally under Deputy Dog’s leadership.
If you think about prosecutorial misconduct at all this person’s face should come to mind. Seriously, the Yukon Justice-Legal complex is a dense collection of narcissistic power-tripping egos - These are not the people who should be doing this work. They bring the administration of Justice into disrepute with their meddling in case management - Just to be clear, by law, and by ethics these people of the trinity are not team members, partners, or even community partners.
It is a very fundamental precept that these entities should not only be independent of one another but be seen to be independent of one another - A much higher standard.
Up 7 Down 4
jackman on Feb 21, 2023 at 4:19 pm
Another day, more uninformed and wrong comments from the local know-it-alls: yes, referring to you "Public Interest" and "Wait". Stop complaining about YG and McPhee about the dropped charges - if you don't know, YG Justice does not do criminal prosecutions; the federal Department of Justice continues to be responsible for criminal prosecutions in the Yukon. About McPhee and her role as the Minister of Education, well - that is another story. It pains me to see so many dumb comments from Whitehorse citizens everyday.
Up 14 Down 3
Public Interest? on Feb 21, 2023 at 8:44 am
And what about the other piece the Crown is supposed to factor in to their decision, i.e. the public interest? The public has a right to know what went on and how their government did or didn't respond when they found out.
This smacks to me of the Crown improperly working with the Minister of Justice, (yes our lovely McPhee at it again) to protect the secrets of the government from becoming public knowledge.
Would a trial reveal that the gov knew about this going back to the guy's first week on the job? Would a trial reveal the communications between the Minister and the DM of Education that would show it was a hot topic of theirs for years and years but both decided it was better to keep it all secret, lest the gov fall or the Minister would have to answer to it? Would a trial reveal improper communications between the Dept of Justice and the Crown?
WHAT ABOUT THE PUBLIC INTEREST???
Parents, you have 30 days to challenge the Crown's decision to stay the charges. You must show flagrant impropriety.... ie if you can show the Minister of Justice was conversing with the Crown... you might have a case. (I'm convinced that is what happened here.) It is only through a challenge to the stay that we can ever know the TRUE reasons for the stay.
Parents should also know that they can bring a private prosecution against the guy themselves, though if the Crown and Minister of Justice have already decided their secrets are more important than the public interest, well, good luck. Once the Crown shows they are not willing to prosecute, one can only assume if they are forced to prosecute by a determined litigant who has all the evidence to support the allegations, that - despite their DUTY to prosecute robustly - they will just work towards an early acquittal.... before the details of the government's actions or inactions become available for public consumption.
Maybe an inquest of sorts could get to the bottom of this? Parents should be demanding an inquest!
Why did the Crown wait until the trial to stay the charges? They could have stayed them anytime. Was it to appear transparent to the public who has a HUGE vested interest in the matter?
In case you weren't aware, the Rule of Law does NOT apply to senior officials in the Yukon Government. If it did, this government would certainly fall.
The administration of justice in the Yukon is anything BUT proper. What a misnomer... the Dept of JUSTICE, the JUSTICE system. Let's call it what it is... a legal system. There is nothing just about it.
Both the Crown and the Dept are more concerned with political fallout than they are with protecting the public which, in my books, is so disgusting and so wrong.
Up 16 Down 2
Wait --- on Feb 20, 2023 at 5:41 pm
Head of justice department --- Tracy Anne Mcphee --- the one who was the minister in charge of education at the time
is now in charge of the justice department.
And now the justice department dropped this
Shouldn't there be some sort of "conflict of interest" having a person who would be part of the investigations ..heading a department that is tied to justice?
Or am I off base and it's federal versus Yukon, meh, still --- it's an incestuous government. No department is isolated based on jurisdiction.
Up 16 Down 18
Politico on Feb 20, 2023 at 12:37 pm
WOW! the anti Liberal hate machine is in full swing in the comment section again! Let's not for get it was the YP that was in power when this idiot was vetted and hired. Why didn't they stop this! What about the RCMP? Why hasn't the officer in charge been disciplined? What about the school administrators and teachers? Don't tell me this was all kept secret from them. Why didn't they say something? What about the parents? They didn't know? Stone silence from them. There is lots of blame to go around. Make sure everyone gets their fair share!
Up 18 Down 17
Edie rue on Feb 19, 2023 at 8:39 pm
Why is everyone blaming Trudeau in the comments? What is wrong with you people?
Up 21 Down 15
Canada is a cesspool of cronyism on Feb 19, 2023 at 11:21 am
Dear Concerned Citizen on Feb 17, 2023 at 2:51 pm:
I am just as concerned as you are about the L-NDP coalition of narcissists. They have created nothing less than chaos in the pursuit of their own agenda - Absolute social control.
It’s all a great big lie intended to maintain power and control. Trudeau’s longtime family friend and political ally found, reluctantly, that the Feds were justified in implementing the Emergency Measures Act - Bullshyt!
There are three main lessons here: 1) That nepotism pays and plays well for Trudeau; 2) The absolute incompetence of government is a top down process; and 3) The repeated and continual violation of ethics by the Liberals is not going to stop!
From - Canada’s stubbornly unethical Liberal government:
“The Trudeau Liberals have an obvious ethics problem that has expanded to nearly every corner of government, but it’s one they refuse to acknowledge. Even when presented with objective facts of ethical breaches, they play dumb, as if they didn’t know the rules. Common sense may very well take its leave of someone once they are sworn in as a Liberal minister, but pleading ignorance is a poor excuse for repeated unethical behaviour. The problem has become so dire, it’s managed to bring the ethics commissioner to his wit’s end.”
Source:
https://nationalpost.com/opinion/np-view-if-the-trudeau-liberals-cared-about-ethical-governance-they-wouldnt-hesitate-to-mandate-ethics-training
Up 36 Down 6
Parent on Feb 17, 2023 at 11:02 pm
Wow, good thing we have unions to protect the predators…..I mean gov employees
Up 14 Down 17
JC on Feb 17, 2023 at 8:09 pm
Yeah, it's the LiBeRaL gOvErNmEnT that did this
Good grief Juniper. How do you even?
As for William, not really the profile of a man who has learned right from wrong, nor, it would seem, can be sufficiently prevented from accessing places of trust.
He should be found.
Up 45 Down 5
Matthew on Feb 17, 2023 at 6:03 pm
It shouldn't be just him.. it should be Tracy Anne McPHEE as well. After knowing it happened she is a partner in crime..
Up 66 Down 17
Juniper Jackson on Feb 17, 2023 at 4:24 pm
Gotta' love a Liberal Government.. NOT.
Up 88 Down 16
Stowaway on Feb 17, 2023 at 4:09 pm
"The Yukon Party and NDP voted......to remove....McPhee from cabinet." The only reason McPhee remains in cabinet is because the NDP rather than doing the right and ethical thing would rather protect their pensions and contract with the Liberals to keep them in power. They speak out both sides of their mouth: McPhee should go, where do we sign the CASA.
Up 85 Down 11
Concerned Citizen on Feb 17, 2023 at 2:51 pm
Children have been hurt because of the government failing to protect our most innocent and vulnerable. If this wasn’t brought to the public’s attention, nobody would still know, and the government would have kept it quiet. Nobody at the top as been held accountable, such as McPhee, all for political points and to have majority seats. And for Kate white, what a shame it is for you to prop up the liberals to this day after all that has happened to our children.