In a significant legal development in Calgary, the defence lawyer for a former teacher charged with sex offences is seeking access to statements from a civil class action lawsuit to aid in the upcoming criminal trial. This case highlights the intersection of civil and criminal proceedings in historic abuse allegations.
Defence Requests Disclosure of Civil Statements
Defence counsel Timothy Dunlap has formally requested that statements provided by plaintiffs in a class action lawsuit against the Calgary Board of Education be disclosed for the criminal trial of his client, Fred Henry Archer. Dunlap made this request before Justice Brandy Shaw, emphasizing that these documents are crucial for preparing Archer's defence.
The class action lawsuit, which was settled for approximately $16 million, required victims to file statements with the court as a condition of finalization. Dunlap argued that these statements could contain relevant information for the criminal case, and he plans to apply for their release to ensure a fair trial process.
Background of the Case
Fred Henry Archer, 81, is a former guidance counselor and substitute teacher in Calgary who faces charges of sexual assault and gross indecency. The allegations date back to 1985 and involve two boys he allegedly abused while working as an educator. Archer was arrested while serving as a substitute teacher, bringing this historic case to light.
In February, Justice Michele Hollins gave final approval to the settlement by the Calgary Board of Education for 55 students who claimed abuse by Archer and another teacher, Michael Gregory. The original lawsuit included three named plaintiffs representing different subclasses of victims, alleging various forms of assault by the educators.
Prosecution's Response and Legal Complexities
Crown prosecutor Gianna Argento informed the court that she does not possess the statements from the civil case and indicated that a hearing will be necessary to determine if a third party should disclose them. Argento also raised questions about whether the two alleged victims in the criminal trial filed any documents in the civil proceeding, adding a layer of complexity to the disclosure process.
"Another question that would have to be answered is who filed statements with the court, is it the complainants in this case?" Argento stated, highlighting the need for clarity in linking the civil and criminal aspects of the case.
Next Steps and Trial Schedule
The case is scheduled to return to court in May to address the disclosure issue and outline further steps. Archer's criminal trial is set to begin on August 31 at the Calgary Court of Justice, where the defence hopes to use the civil statements to build their case.
This legal maneuver underscores the challenges in historic abuse cases, where evidence from civil settlements can play a pivotal role in criminal proceedings. The outcome of the disclosure request could set a precedent for similar cases in the future.
