Court of Appeal orders new trial in sexual assault case

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On Jan. 19, the Saskatchewan Court of Appeal ordered a new trial for Jeffery Kindrat and Jeffery Brown who in 2003 were found not guilty for the sexual assault of a 12-year-old Cree girl.

Dean Edmonson, tried separately for the same crime, was found guilty and given a conditional sentence. At the same hearing Edmonson appealed the conviction and the Crown appealed his sentence. The Court of Appeal is still considering Edmonson's case.

Charged in 2001 near Tisdale, Brown, Kindrat and Edmonson were accused of picking up the girl one evening after she had run away from home, plying her with alcohol and then sexually assaulting her.

The Crown based their case for appeal in part on Judge Kovach's faulty direction to the jury regarding section 273.2 of the Criminal Code, which states that mistaken belief in age of consent is not a defense unless the accused took reasonable steps to ensure consent. The court of appeal quickly made the decision for the re-trial as the defense for Brown and Kindrat acknowledged the error and did not oppose the Crown's arguments.

In November 2004, a judge granted the Native Woman's Association of Canada (NWAC) intervener status for the appeals. On Jan. 19 the association presented its arguments to the court. NWAC submitted a report expressing concerns that the principles of gender equality were not applied at the original trials, in addition to the judge's lack of concern in the matters of age of consent and vulnerability of age and race.

"I think it's positive in the sense that their acquittal was overturned but one of our concerns is if they have to go through a whole new trial then we're hoping that the court will ensure that the victims [the girl and her family] aren't re-victimized again by the whole system," said NWAC president Beverley Jacobs.

Jacobs said that she thought the association's position as intervener was effective, and NWAC will continue to assist the girl and her family in whatever way they can.