A Lethbridge Provincial Court Judge will decide in February if federal documents or parts of them, from Global Affairs Canada, should be released to the defence.
The case against a woman accused of abducting her infant son four years ago and fleeing to Belize was back in a Lethbridge courtroom Wednesday (Jan. 3). Defence lawyer Bill Wister had submitted an O'Connor application a few months ago, seeking to gain access to documents from the federal government to use in the case. He says he's requesting the documents in order to possibly pursue a Charter of Rights and Freedoms breach and they may also lead to other avenues of defence. However, the federal Crown notes there's no evidence the process to deport the accused from Belize was illegal. His 33 year old client cannot be named due to a publication ban. Provincial Court Judge Jerry LeGrandeur instead ruled that he wants to see these documents first before deciding as to whether or not they should be, or part of them should be given to the defence. He stated he wants to know if the Canadian Charter of Rights applies. The case will be back in court on February 16th when the judge will make his decision. The boy was reunited with his father last summer and the woman is out on bail under several conditions. - Pat Siedlecki