Whitehorse Daily Star

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Steve Cardiff and Justice Minister Marian Horne

NDP questions Horne on officers' acquittals

The case is officially closed,

By Justine Davidson on April 13, 2010

The case is officially closed, but the accusations of sexual assault made against two Watson Lake RCMP officers continue to dog the Mounties and the Minister of Justice.

The issue, which was settled in court on March 16 with a not-guilty verdict, is clearly not settled for some members of the legislature, as it was raised there Monday by the NDP's Steve Cardiff.

"Acceptable behaviour and the ethics of RCMP officers in our smaller communities are of paramount importance,” Cardiff told the house.

"Acceptable behaviour means awareness of the major role played by alcohol in our high sexual assault rate and to refrain from its abuse ....

"What has the Minister of Justice done to communicate to the RCMP her government's discomfort with the actions of the officers who were acquitted in the sexual assault case?”

He was referring to the fact, revealed during the trial of Constables Graham Belak and Shawn McLaughlin, that the two officers had sex with a Watson Lake nurse after a night of heavy drinking.

The woman charged the officers with sexual assault after their March 2009 encounter and accused them of drugging her.

In deciding the case, Yukon Supreme Court Justice Leigh Gower said the woman was not a credible witness, and found the officers not guilty.

Justice Minister Marian Horne said she would not discuss the case specifically because it is still before the courts, which it is not, but went on to tell Cardiff: "We have a very good working concept with the RCMP and we discuss matters of violence against women at every one of our meetings.”

Cardiff challenged Horne, but she stuck by her incorrect assertion that the case is before the courts and refused to say if she has spoken to the RCMP about the officers' behaviour.

Shortly after Belak and McLaughlin were found not guilty, RCMP spokesman Sgt. Don Rogers told reporters the two men will face a disciplinary hearing, and could still lose their jobs.

A date still has not been set for the hearing, Rogers said today. He would not say if the minister has spoken to the Yukon's commanding officers about the case.

"It would be inappropriate for me to discuss what the minister has or hasn't said,” Rogers said. "... Should she choose to speak to it, that's her prerogative.”

The NDP has also sent Horne a letter on the matter, stating the case "has raised many serious questions about the definition of consent, the determination of credibility, and the re-victimization of complainants who have the courage to go to court.”

A spokesperson for the party acknowledged this morning that the minister of Justice has no power to direct judges in their deliberations on legal definitions or in how they decide if a witness is credible, and would be infringing on judicial independence if she did so.

The bulk of the letter, however, focuses on the same questions Cardiff posed in the legislature.

"Women need to feel safe when reporting sexual assault to the RCMP,” the letter states.

"When will you, as the Minister of Justice, be coming forward with solutions for repairing and restoring the trust that has been broken between Yukon citizens and their police force?”

This morning, the Star contacted Horne's office to clarify the fact that the case is no longer before the courts so Horne is free to speak about it, and to ask if she has had any communication with RCMP brass about this specific case.

She did not respond by press time this afternoon.

Responding to the renewed interest taken in the case by legislators, Rogers said the force did its job in investigating and laying charges against its officers, taking extra care in the circumstances.

"I think we demonstrated how seriously we took it when we had an external police force to come in and take over the investigation,” he said, referring to the fact the Edmonton City police were asked to take over the investigation from local officers.

He said he could not speak to how the trial has affected the organization and if it will result in any policy changes.

"That is something I can't speak to at this point while we wait to see if anything comes at the code of conduct (hearing) and the results of that.”

He also responded to charges, made by members of the public in letters to the editor, that the officers who came into the courtroom to watch the woman's testimony were there to intimidate her.

"There were designated members of the RCMP in plain clothes and they were there for specific purposes,” Rogers said

"Some of them were investigators with the major crimes unit who liaised with the investigator from the Edmonton force,” he said.

The division's staff sergeant major watched the entire proceedings so he would be informed for the code of conduct hearing, Rogers added.

As for any off-duty officers there to support their friends, or just to watch the case unfold, "they have the same rights and privileges as any other Canadian.

"The only person who can restrict them from the courtroom is the judge or the justice. We can't prevent them from going there,” he said.

Comments (9)

Up 1 Down 0

Jerry W on Apr 17, 2010 at 3:31 am

I read the judges decision and agree, they weren't guilty beyond a reasonable doubt.

Whether it was consensual or not, is another question.

There is no doubt in my mind where this happened (Canada) and what law applies. There are States in the USA that allow conviction if the "victim" is intoxicated. There is very good reason to support that. Getting her drunk on alcohol is just another date-rape drug.

Do I think she was innocent? Not for a second. I think there is a possibily she changed her mind when she sobered up and had to deal with her husband.

OJ Simpson was also not guilty of the crime he was charged with. He was very lucky they charged him incorrectly.



That said, the RCMP need to find a way to let these cowboys and others like them know that they are being watched with a very critical eye.

Do I think they should be fired? No, not based on this event. They should however, be moved, soon. Even their co-workers will turn their backs. They need to watch their backs at all times and know that they can't have anything they want, any time they want.

Firemen and pro atheles can still get away with the testosterone cowboy attitude, but because of a few well publicized police-involved-crimes, the good old days are over.

A cop or judge can ruin your life with one reckless stoke of a pen, so with all that power the entire justice system needs to be held to a higher level of standards.

They will pay for this the rest of their lives. The seed of doubt is planted. Even if they are just guilty of being idiots for being in a high risk, bare-back-3-way, people will wonder, forever.

Up 0 Down 0

Lone Tree on Apr 16, 2010 at 7:06 am

Remember this happened .. not in Whitehorse but in a small community. Having RCMP members drink to excess, involve themselves in group sex, and then be accused of sexual assault does in fact blow the detachments' credibility. Will they be trusted by women in trouble. Probably not. Minister Horn should do something to insure this type of behaviour does not happen again.

Up 0 Down 0

Arn Anderson on Apr 15, 2010 at 2:36 am

Lets investigate the ethics and morals of politicians and see how they stand the test.

Up 0 Down 0

June Jackson on Apr 14, 2010 at 7:28 am

This case has been dealt with in the courts and it should be over.

The RCMP will deal with their members and it was reported that there is an investigation/hearing going on.

Why would Cardiff ask Horne anyway? She dosen't have any jurisdiction over the courts, (and thank god for that).

I can't figure out what your goal here is Mr. Cardiff? A kind of pathetic "name in paper" thing?

Up 0 Down 0

bob vibert on Apr 13, 2010 at 11:50 pm

Regardless of acceptable behaviour standards, for this case there are 6x words: "Get Over it", "Let it Go", and "Move On". End of story.

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mosi on Apr 13, 2010 at 9:50 pm

I dont see why we have to keep dragging this thing up? Especially when it was clear that the behaviour of the victim? indicated an accessory to the action. Everyone got what they wanted at first EXCEPT for the Consequences later.

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soldierpiper on Apr 13, 2010 at 11:43 am

The RCMP have a honorable image to uphold,it would greatly be tarnished if the two officers involved ended up staying on the force.It also would be an insult to the RCMP who have always upheld that trusting image should those two individuals end up staying on the force.

Up 0 Down 0

Jason Smith on Apr 13, 2010 at 10:16 am

What part of the right to be presumed innocent and face your accuser doesn't the NDP understand? The NDP is throwing out these expressions like "re-victimization", "respecting women" and "feel[ing] safe when reporting sexual assaults" as if the trial of these two officers had never been held. I've read the Judge's decision from cover to cover as you should to:

http://www.yukoncourts.ca/judgements/supreme/2007/2010_yksc_09_hmq_v_mclaughlin_and_belak.pdf

Anyone who reads the decision without preconceived radical feminist notions would question her credibility. The Judges conclusions were sound. Even if the standard had been balance of probabilites rather than beyond a reasonable doubt they probably would have been acquitted.

This case shouldn't be about politics. I'm sorry but I just don't buy into this agenda that essentially holds that all allegations of sexual assault are prima facie true, that a woman's credibility should never be questioned, and in the rare case that they are untrue there is some political statement to be made that justifies finding them guilty anyway. They hide it behind a lot of feel good political rhetoric but that is the thrust of their politics. We should all thank our lucky stars that these types of looney leftists don't make criminal justice policy. Sexual assault is a serious issue. But so are wrongful convictions.

Up 0 Down 1

francias pillman on Apr 13, 2010 at 9:11 am

Oh seriously give it up. The cops did nothing wrong. The woman was a liar and a predator and should be charged with filing false charges.

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