Crown wants sex assault case heard in Yk
Fair and impartial jury would be difficult to find in small community, says prosecutor
John McFadden
Northern News Services
Monday, March 6, 2017
SOMBA K'E/YELLOWKNIFE
NWT Supreme Court judge Shannon Smallwood has reserved her decision on an application from Crown prosecutor Brendan Green to move a sexual assault trial to Yellowknife from Behchoko.
Marty Bouvier, 21, was charged with sexual assault and uttering threats after an incident in Behchoko involving a minor. Smallwood has placed a publication ban on any evidence being reported from the change of venue hearing.
Applications to move trials out of communities where the offence has allegedly occurred are relatively rare in the NWT.
Green told the judge that because Bouvier has a large family living in Behchoko and the community has such a small jury pool, it would be difficult to seat a fair and impartial jury.
He added that because the alleged victim is a youth, it would be easier for her to testify outside her home community.
Bouvier's Edmonton-based lawyer Alexandra Seaman opposed the change of venue application, telling the judge her client has the right to be tried by a jury of his peers.
Seaman said moving the trial carries the potential of alienating the community, a feeling she said many indigenous people already have toward the justice system.
It is not yet known when Smallwood will rule on the request to change venues.
Seaman also asked Smallwood to recuse herself from the trial, because of information on Bouvier revealed during the change of venue hearing.
Smallwood refused to step away from the case.
