British Columbia Representative for Children and Youth Mary Ellen Turpel-Lafond speaks during a news conference in Vancouver, B.C., on Monday June 27, 2011.Darryl Dyck/ The Canadian Press
Three years after she arrived in Canada, the high-school student and refugee told police a horrific tale: She alleged she was being physically and sexually abused by her father. The girl accused him, among other things, of forcing her to engage in anal sex, and, when he wasn't assaulting her himself, of ordering her brother to punch her until she bled.
The father was promptly arrested and, in January, 2008, charged with 13 counts, including incest, sexual assault, assault and uttering threats. But the charges were stayed two years later after the RCMP refused to pay thousands of dollars to have recorded statements translated and transcribed, a decision the force now calls "regrettable."
The story of justice-system failure came to light Thursday, courtesy of a report by the provincial children's representative. B.C.'s Justice Minister quickly vowed to implement all three of the report's recommendations, characterizing the case as an inexcusable tragedy.
"What message does this outcome give to a vulnerable youth who disclosed repeated physical and sexual abuse? Undeniably, it tells her that her allegations had insufficient priority for police and the Crown to act decisively to deliver the documents needed for a timely court trial," representative Mary Ellen Turpel-Lafond wrote in her report. "It tells her that she didn't matter enough. And it must leave her confused about her safety in her new homeland."
The family arrived in Canada in 2005 and settled in the Lower Mainland. They are not identified in the report by name. Their native country is also not stated to protect their identity.
In December, 2006, the girl was taken to hospital with bruises to her knees, upper body and face. The father told police the girl had been attacked by classmates. Early the next year, school staff and social workers expressed concern about the girl's mental health, but she and her father declined their services.
When the father temporarily returned to his country of origin in 2007, the girl made the abuse allegations, first to a school counsellor, then police. She said her father told her the abuse was her fault and had ordered her to say she was being bullied to cover up his behaviour. The girl's mother told police she, too, had been abused.
The father was arrested when he returned to Canada. The alleged victims and the accused recorded statements for police in two non-English languages, one of which is rare in this country. The statements had to be translated and transcribed, which in B.C. is the responsibility of police to arrange.
The alleged abuse occurred in an RCMP jurisdiction and the force chose not to spend the money.
"The preliminary cost estimate provided to the investigator by a recognized translation company was about $40,000. The investigator, who did not have the power to authorize such an expenditure, sought approval from senior police managers to proceed. He did not receive approval," said the report.
The case dragged on and charges were stayed two years after they were laid when a judge ruled the unreasonable delay breached the Charter rights of the accused.
When the charges were stayed, the father was placed on recognizance and ordered not to contact his family. But the recognizance conditions essentially told him where they were, banning him from a five-block radius of the home and a three-block radius from each of the three schools where the children were enrolled. Police grew concerned for their safety and the family was moved elsewhere.
RCMP Superintendent Paul Richards said in an interview Thursday the force isn't pleased with the decision not to spend the money on the translation and transcription. He said the decision was made by a member of the force who has since retired.
"It's extremely regrettable," he said.
When asked if the RCMP failed the girl, he said: "I think that's a little bit too directed. The fact is we have a criminal justice system, of which the RCMP is a contributor." The report does criticize Crown for not doing enough to prioritize the case.
Supt. Richards agreed the charges would not have been stayed if the RCMP had paid the money.
Ms. Turpel-Lafond made three recommendations in her report. She called on the Ministry of Justice to develop a policy that requires three senior Crown counsel to review all cases where a child could be adversely affected by procedural or investigatory behaviours. She said the ministry must also ensure a reliable and appropriately funded system of access to translation, and produce an annual report on the outcomes of criminal prosecutions involving children.
Justice Minister Shirley Bond vowed action on all three fronts.
"Looking at translation and transcription is not an option. It is part of operation work that needs to be done – it's the same as looking at fingerprinting, that kind of thing," she told reporters in Victoria. "While there is not a discreet budget line required to those types of services in fact, there is an expectation that it is done. The individual who made the decision was incorrect in that. This case should not have ended up in these circumstances."
The children's representative said she was pleased with government's response, though it will be cold comfort to victims who won't have their day in court.
When asked what the girl said upon hearing the report would be issued, Ms. Turpel-Lafond described it as "heartbreaking."
"The primary victim's response was, 'Can we still have a trial?' Sadly, you can't. The opportunity's done."
With a report from Justine Hunter in Victoria