Publication Bans Sought in Ex-PO2 Wilks Court Martial
Media Advisory
January 20, 2017 – Ottawa – National Defence / Canadian Armed Forces
On January 9, 2017, pre-trial motions began for the general court martial of Ex-Petty Officer, 2nd Class James Wilks, a former Canadian Armed Forces medical technician. He is currently being tried on eight charges with respect to six complainants. Of these eight charges, seven are for breach of trust by a public officer, and one is for sexual assault.
On January 9 and 12, 2017, the Prosecution requested a publication ban on the names of the six complainants, which was granted by the Chief Military Judge. The prosecution will also be seeking a redaction order to keep the complainants medical information private, as it would otherwise be publicly available. The redaction order application will be made on or around January 23, 2017, depending on the court’s ability to accommodate this request.
For a copy of the original Notice of Application for Order Redacting Documents, please contact Media Relations.
- 30 -
Associated Links
Contacts
Media Relations
Department of National Defence
Phone: 613-996-2353
Toll-Free: 1-866-377-0811
Email: mlo-blm@forces.gc.ca
Annex:
Notice of application for order redacting documents
TAKE NOTICE that an application for a redaction order will be made before Chief Military Judge Colonel M. Dutil (hereinafter referred to as the CMJ), at Asticou Centre, Block 2600, Courtroom 2601, 241 Boulevard de la Cité des Jeunes, Gatineau, Québec on Monday, the 23rd day of January, 2017 at 0900 hours or as soon as practicable thereafter for an order redacting the medical information that would otherwise be available as disclosed in documents in evidence.
The grounds for this application are:
1. The Respondent is charged with seven counts of breach of trust by a public officer, and one count of sexual assault against six complainants.
2. At all material times and places, the Respondent was employed by the Canadian Armed Forces (hereinafter referred to as the CAF) in the Regular Force as a medical technician.
3. On 9 and 12 January 2017 the Prosecution requested and the CMJ granted orders banning the publication of the names of the six complainants.
4. Medical documents relating to the complainants have been entered into evidence. A redaction order is sought in relation to this information, in order to protect their personal information and assure that any requests for access to the court documents will protect details of the personal medical information of the complainants.
5. The legal basis for such discretionary order is found at section 179 of the National Defence Act.
6. The order requested is necessary for the proper administration of the justice in that it is in the interests of society and the CAF to encourage the reporting of offences and the participation of victims in the military justice system.
7. The complainants in respect of whom the redaction order is sought have requested that their privacy be protected. They have indicated that the dissemination of their personal medical records would cause the emotional and psychological trauma.
8. Such further and other grounds as counsel may advise and this Honourable Military Court may permit.
In support of this application, the applicant relies upon the following:
9. The decision of the Federal Court in Canadian Broadcasting Corporation (Radio-canada) v. Canada (Attorney General), 2016 FC 933.
10. The oral submissions of counsel.
11. Such further and other material as counsel may advise and this Honourable Court may permit.
12. Agreed Statement of Facts.
The relief sought is:
13. An Order redacting the personal medical information of the complainants named in the charge sheet from their medical dossiers in evidence if access should be requested.
The estimated time required for oral submissions by the Applicant is 10 minutes.
The applicant may be served with documents pertinent to this application through
Maj A.J. van der Linde
Maj M. Pecknold
Canadian Military Prosecution Service
National Defence Headquarters
101 Colonel By Drive
South Tower, 7th Floor
Ottawa, Ontario K1A 0K0
Telephone (613) 992-1792
Fax (613) 995-1840
DATED at Ottawa, Ontario this 19th day of January, 2017.
Search for related information by keyword