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December 22, 2003 RCMP Blood Task Force — Toronto North The RCMP Blood Task Force would like to update you on the court appearances for those who were charged with criminal offences relating to the Canadian blood system. On December 19, 2003, the Attorney General, Michael Bryant, signed the direct indictments under s. 577 of the Criminal Code of Canada in relation to the Blood Task Force’s charges currently before the courts in Hamilton and Toronto. The effect of the direct indictment is to send the charges directly to trial in the Superior Court without a preliminary hearing in the Ontario Court of Justice. As a matter of law, a direct indictment can only be issued with the personal consent of the Attorney General. Currently, two court appearances are scheduled for January 2004. Firstly, the legal counsel for Dr. Roger Perrault, Dr. John Furesz, Dr. Wark Boucher, Armour Pharmaceutical Company, and Dr. Michael Rodell are set to appear on January 7, 2004 at 8:30 a.m. in Room 111, Old City Hall, 60 Queen Street West in Toronto, Ontario. Secondly, legal counsel for the Canadian Red Cross and Dr. Roger Perrault are to appear at the Hamilton Court House on January 30, 2004 at 9 a.m. in Court Room 100. The Hamilton Court House is located at 45 Main Street East in Hamilton, Ontario. The accused were remanded by the Ontario Court of Justice for these appearances; however, with the filing of the direct indictments, the matters will next be spoken to in the Superior Courts. As the holiday season is upon us, the RCMP Blood Task Force would like to wish you and your loved ones a happy and safe holiday season. The toll free line and the website are still available for those who wish to contact the Blood Task Force. 1-888-530-1111 D. Hvidston, Cst BTF Liaison Officer B. Fair, Insp. OIC RCMP Blood Task Force November 12, 2003 RCMP Blood Task Force — Toronto North The RCMP Blood Task Force would like to update you on the court appearances for those who were charged with criminal offences relating to the Canadian blood system. Legal counsel for Dr. Roger Perrault, Dr. John Furesz, Dr. Wark Boucher, Armour Pharmaceutical Company, and Dr. Michael Rodell appeared at Old City Hall in Toronto on November 10th, 2003, for a Case Management Conference. The next court date for Dr. Roger Perrault, Dr. John Furesz, Dr. Wark Boucher, Armour Pharmaceutical Company, and Dr. Michael Rodell is set for January 7, 2004 at 8:30 a.m. in Room 111, Old City Hall, 60 Queen Street West in Toronto, Ontario. This scheduled court appearance will also be a Case Management Conference. As a reminder, legal counsel for Canadian Red Cross and Dr. Roger Perrault will be appearing at the Hamilton Court House on December 19, 2003 at 9 a.m. in Court Room 100. The Hamilton Court House is located at 45 Main Street East in Hamilton, Ontario. Crown attorneys have not received a direction from the Attorney General’s Office (Ontario) on whether to proceed by direct indictment. A decision on this matter is expected shortly. The toll free line and the website are still available for those who wish to contact the Blood Task Force. 1-888-530-1111 Sincerely, D. Hvidston, Cst B. Fair, Insp. October 22, 2003 RCMP Blood Task Force — Toronto North The RCMP Blood Task Force would like to update you on the court appearances for those who were charged with criminal offences relating to the Canadian blood system. Legal counsel for the Canadian Red Cross and Dr. Roger Perrault appeared at the Hamilton Court House on October 17, 2003. Crown attorneys have not received a direction from the Attorney General’s Office (Ontario) on whether to proceed by direct indictment. A decision on this matter is expected shortly. The next court date for the Canadian Red Cross and Dr. Roger Perrault is set for December 19, 2003 at 9 a.m. in Room 100, Hamilton Court House, 45 Main Street East in Hamilton, Ontario. As a reminder, legal counsel for Dr. Roger Perrault, Dr. John Furesz, Dr. Wark Boucher, Armour Pharmaceutical Company, and Dr. Michael Rodell will be appearing on November 10, 2003 at 9 a.m. in Court Room 111 at Old City Hall, 60 Queen Street West in Toronto, Ontario for a Case Management Conference. The toll free line and the website are still available for those who wish to contact the Blood Task Force. 1-888-530-1111 Sincerely, D. Hvidston, Cst B. Fair, Insp. October 2, 2003 Court Appearances The Crown Counsel is still waiting to see if the application for Direct Indictment has been approved. The next court appearance for the Canadian Red Cross and Dr. Roger Perrault is as follows: October 17, 2003 at 09:00 a.m. As a reminder, the next court appearance for Dr. Roger Perrault, Dr. John Furesz, Dr. Wark Boucher, Armour Pharmaceutical Company, and Dr. Michael Rodell is scheduled as follows: November 10, 2003 at 9:00 a.m. Staffing Changes Superintendent Rod Knecht was recently promoted to Chief Superintendent, Officer in Charge of the RCMP Criminal Operations Section in Alberta, and transferred to Edmonton. Insp. Brad Fair has taken over the day to day duties of ‘Officer in Charge’ of the Blood Task Force-Toronto North investigation. Insp. Fair has been assigned to the Blood Task Force since the onset of the investigation. He can be contacted through the toll free number. (1-888-530-1111) Cst. Heather Jamieson will be retiring from the RCMP on October 22, 2003. Cst. David Hvidston will be assuming Cst. Jamieson’s duties on the Blood Task Force at that time, and all inquiries regarding Infected/Affected Persons should go through him. Cst. Hvidston has worked on the Blood Task Force for over five years, and can be contacted through the toll free number. Contact Numbers 1-888-530-1111
B. Fair, Insp. September 18, 2003 RCMP Blood Task Force — Toronto North The RCMP Blood Task Force would like to update you on the court appearances for those who were charged with criminal offences relating to the Canadian blood system. Legal counsel for Dr. Roger Perrault, Dr. John Furesz, Dr. Wark Boucher, Armour Pharmaceutical Company, and Dr. Michael Rodell appeared in court on September 4, 2003 for a Case Management Conference. Typically, a Case Management Conference is a meeting with a judge and counsel to deal with the time management and logistical issues relating to the court case. The evidence is not discussed nor are witnesses heard at a Case Management Conference. The next scheduled court date for these individuals is as follows: November 10, 2003 at 9:00 a.m. As a reminder, legal counsel for Canadian Red Cross and Dr. Roger Perrault will be appearing on September 24 at 9:00 a.m. at the Hamilton Court House in Courtroom 100. The Hamilton Court House is located at 45 Main Street East in Hamilton, Ontario. The toll free line and the website are still available for those who wish to contact the Blood Task Force. 1-888-530-1111 R. Knecht, Supt. July 30, 2003 RCMP Blood Task Force — Toronto North The RCMP Blood Task Force would like to update you on the court appearances for those who were charged with criminal offences relating to the Canadian blood system. Legal counsel for the Canadian Red Cross and Dr. Roger Perrault appeared in court on July 30, 2003. The next court appearance for the Canadian Red Cross and Dr. Roger Perrault is adjourned, as follows: September 24, 2003 These court adjournments continue due to the ‘normal intake period’ when disclosure is provided and procedural matters are discussed between Crown Counsel and Defence Counsel. The toll free line and the website are still available for those who wish to contact the Blood Task Force. 1-888-530-1111 R. Knecht, Supt. June 27, 2003 RCMP Blood Task Force — Toronto North Legal counsel for Dr. Roger Perrault, Dr. John Furesz, Dr. Wark Boucher, Armour Pharmaceutical Company, and Dr. Michael Rodell appeared in court on June 23, 2003. At that time, approximately 95% of the investigative file was disclosed to the Defence Counsels. During this court appearance, Crown Counsel applied to the Attorney General’s Office to proceed by direct indictment. The next scheduled court date for these individuals is as follows: September 4, 2003 at 2:00 pm The toll free line and the website are still available for those who wish to contact the Blood Task Force. 1-888-530-1111 R. Knecht, Supt. June 20, 2003 RCMP Blood Task Force — Toronto North The RCMP Blood Task Force would like to update you on the court appearances for those who were charged with criminal offences relating to the Canadian Blood System. Dr. Roger Perrault, Dr. John Furesz, Dr Wark Boucher, Armour Pharmaceutical Company, and Dr. Michael Rodell will be appearing in court on: June 23, 2003 at 0900 hrs A newsletter will be sent out to update you on that court appearance. Legal counsel for the Canadian Red Cross and Dr. Roger Perrault appeared in court on June 11, 2003. At that time, approximately 97% of the investigative file was disclosed to the Defence Counsels. During this court appearance, Crown Counsel applied to the Attorney General’s Office to proceed by direct indictment. Below is an explanation of ‘direct indictment’. "Section 577 of the Criminal Code permits the Attorney General
or Deputy Attorney The next court appearance for the Canadian Red Cross and Dr. Roger Perrault is adjourned, as follows: July 30, 2003 These court adjournments continue due to the ‘normal intake period’ when disclosure is provided and procedural matters are discussed between Crown Counsel and Defence Counsel. Crown Counsel for the case involving the Canadian Red Cross and Dr. Roger Perrault, are presently interviewing potential witnesses for the court case. The Blood Task Force continues to actively investigate certain aspects of the Canadian blood system in the 1980's. As you may be aware, Canadian Blood Services took over responsibility for the blood system on September 28, 1998. At that time, Canadian Blood Services inherited the Canadian Red Cross Society’s records. The Blood Task Force and Canadian Blood Services are working together at the Blood Task Force’s request, to identify and locate potential witnesses for the upcoming court case. Lookback/traceback records have been analysed by the Crown Counsel and the Blood Task Force for the purpose of identifying recipients of tainted blood. Canadian Blood Services has not disclosed the identity of the blood donors or the recipients to the RCMP. In order to continue to ensure confidentiality at this time, Canadian Blood Services will be contacting past blood recipients by letter, on behalf of the RCMP, leaving it up to the recipient to contact the RCMP if they so wish. This letter will be sent out in the near future. The toll free line and the website are still available for those who wish to contact the Blood Task Force. 1-888-530-1111 R. Knecht, Supt. May 15, 2003 RCMP Blood Task Force — Toronto North The RCMP Blood Task Force would like to update you on the court appearances for those who were charged with criminal offences on November 19, 2002. The Canadian Red Cross and Dr. Roger Perrault’s next court appearance is adjourned, as follows: June 11, 2003 at 0900 hrs On April 30, 2003 at 0930 hrs, legal counsel for Dr. Roger Perrault, Dr. John Furesz, Dr Wark Boucher, Armour Pharmaceutical Company, and Dr. Michael Rodell appeared in court. Their next court appearance is adjourned, as follows: June 23, 2003 at 0900 hrs These court adjournments continue due to the ‘normal intake period’ when disclosure is provided and procedural matters are discussed between Crown Counsel and Defence Counsel. The toll free line and the website are still available for those who wish to contact the Blood Task Force. 1-888-530-1111 If you do not wish to continue receiving this newsletter, please contact the Blood Task Force. R. Knecht, Supt. March 10, 2003 RCMP Blood Task Force — Toronto North The RCMP Blood Task Force would like to update you on the court appearances for those who were charged with criminal offences on November 19, 2002. On February 24, 2003, the RCMP laid one additional charge of criminal negligence causing bodily harm against Dr. Roger Perrault, Dr. John Furesz, Dr Wark Boucher, Armour Pharmaceutical Company, and Dr. Michael Rodell On February 25, 2003 at 0930 hrs, legal counsel for Dr. Roger Perrault, Dr. John Furesz, Dr Wark Boucher, Armour Pharmaceutical Company, and Dr. Michael Rodell appeared in court. Their next court appearance is adjourned, as follows: March 27, 2003 at 0900 hrs Legal counsel for the Canadian Red Cross and Dr. Roger Perrault appeared in court on March 6, 2003. Their next court appearance is adjourned, as follows: June 11, 2003 at 0900 hrs As explained in a previous newsletter, these court adjournments are due to the ‘normal intake period’ when disclosure is provided and procedural matters are discussed between Crown Counsel and Defence Counsel. The toll free line and the website are still available for those who wish to contact the Blood Task Force. 1-888-530-1111 R. Knecht, Supt. February 13, 2003 The RCMP Blood Task Force would like to update you on the court appearances for those who were charged with criminal offences on November 19, 2002. Legal counsel for Dr. Roger Perrault, Dr. John Furesz, Dr. Wark Boucher, Armour Pharmaceutical Company, and Dr. Michael Rodell appeared in court on January 28, 2003 at 0930 hrs. Their next court appearance is adjourned, as follows: February 25, 2003 at 0930 hrs The court case for the Canadian Red Cross and Dr. Roger Perrault has been adjourned to: March 6, 2003 at 0900 hrs, These court adjournments are due to the ‘normal intake period’ when disclosure is provided and procedural matters are discussed between Crown Counsel and Defence Counsel. The RCMP Blood Task Force will continue to provide updates relating to court appearances. If you do not wish to receive any further newsletters, please call 1-888-530-1111. R. Knecht, Supt. 2002 December 24, 2002 The RCMP Blood Task Force would like to update you on the first court appearances of those who were charged with criminal offences on November 19, 2002. Legal counsel for the Canadian Red Cross, along with Dr. Roger Perrault and his legal counsel, appeared in court in Hamilton, Ontario on December 10, 2002. Their court case has been adjourned until March 6, 2003 at 0900 hrs. Legal counsel for Dr. Roger Perrault, Dr. John Furesz, Dr. Wark Boucher, Armour Pharmaceutical Company, and Dr. Michael Rodell appeared in court in Toronto, Ontario on December 11, 2002. Their court case has been adjourned until January 28, 2003 at 0930 hrs. The RCMP Blood Task Force will continue to provide updates relating to court appearances. If you do not wish to receive any further newsletters, please call at 1-888-530-1111. As the holiday season approaches, the RCMP Blood Task Force would like to wish you and your loved ones a happy and safe holiday season. R. Knecht, Supt. RCMP Blood Task Force November 4, 2002 RCMP Blood Task Force — Toronto North This newsletter is to provide you with an update of what the Blood Task Force (BTF) has accomplished to date, with the criminal investigation into the blood distribution system in Canada. As stated in a previous newsletter, the greater aspects of the investigation have been completed, however, certain areas of the investigation must be looked at in focused detail. At this time, the BTF has conducted over 700 interviews, and have reviewed and analysed several million pages of documents. Major case management software continues to assist the BTF with the large volume of documents with respect to the organization and analysis of data. The Blood Task Force continues to consult with four full-time Crown Counsel regarding legal issues. When the criminal investigation has been completed, and final decisions have been made, you will be notified by either telephone call or Newsletter regarding the outcome. The website will also be updated at that time. The RCMP Blood Task Force realizes that the length of this investigation is difficult for all those involved, and we are persevering with this major investigation as efficiently and effectively as circumstances permit. Please be assured that the investigation is being conducted in a thorough and professional manner. If you have any questions or concerns, please call 1-888-530-1111. The website continues to be available for persons wishing to communicate with the BTF. www.rcmp-grc.gc.ca/html/bloodtaskforce.htm. Thank you for your continued support. Sincerely, R. Knecht, Supt. 2001 December 19, 2001 The BTF remains focussed on this investigation, and is determined to complete a competent and comprehensive investigation. We have been fortunate to be able to use a Major Case Management Software. This has assisted us with the large volume of documents we process each day. The investigation has been substantially completed, although there remains some areas of investigation that require some further inquiries. Due to the scope of the investigation, the complex nature of the issues , and the enormous amount of investigative material that requires detailed review, care must be taken to ensure that no stone is left unturned.' On matters of law we continue to seek the advice of Crown counsel. While the decision whether or not to lay charges rests with the police, Crown counsel will be responsible for the conduct of the prosecution, if charges are laid. No final decision concerning charges has been made at this time. Upon completion of the criminal investigation, the outcome will be communicated to those concerned. The RCMP BTF is mindful of the passage of time and its impact on the complainants and others, and we are proceeding with this complex investigation with all possible dispatch. Infected/Affected Persons Tracebacks July 17, 2001 The Blood Task Force (BTF) continues to investigate the blood distribution system in Canada. Consultation with four full-time Crown Counsel continues on legal issues relating to the investigation. No decision has been made as to if/when criminal charges will be laid. This decision cannot be made until the police investigation is completed. Once again, as this is an active criminal investigation, we cannot provide any further information about the investigation. Identification of Infected
Persons
If you know of anyone who meets the above-mentioned criterion, please have them/their families contact Cst. David Hvidston at 905-953-7388 or toll-free at 1-888-530-1111. Telephone calls to the
I/AP
Decisions in Civil Cases
concerning Tainted Blood in Canada It is important to recognize that the RCMP BTF is in the final stages of its investigation, but that no decision has been made, and no decision can be made until that investigation is completed. In a civil case, Canadian law provides that one party can sue another. The remedy that is usually sought is damages or money to serve as compensation to the plaintiff and in some cases, to seek punitive or extraordinary damages. A criminal case is different in its scope than civil cases. In a criminal case, it is the State that initiates the proceeding. The State must prove its case beyond a reasonable doubt and only then can a court register a conviction. A conviction does not deal with issues of damages for pain and suffering on the part of complainants; rather it addresses the wider public interest that arose from the criminal conduct. Some criminal cases are decided by a jury of twelve who must be unanimous in their verdict and satisfied beyond a reasonable doubt of the guilt of the accused. In civil cases, the jury need only be satisfied on the balance of probabilities that one party is liable to another and even then, their verdict need not be unanimous. In civil law across Canada, the law oftentimes reflects policy considerations that are not included in criminal law. Civil law will sometimes presume a causal link between one event and another whereas in the context of Canadian criminal law since the passage of the Charter of Rights, presumptive causal links are few and far between and are rarely accepted by courts in a criminal context. Under Canadian common law, when one party sues another, it is possible to question that party at what are called "discoveries" and then introduce that statement as part of the plaintiff's case. In Canadian criminal law, except for perjury charges, the authorities have no right to introduce the sworn testimony of an accused person into the record as part of the case for the Crown. Therefore, it can be seen that there are a number of substantive and procedural differences between the civil and the criminal systems. However, there is some interrelationship that must be recognized on a practical level. Let us assume that Plaintiff A is assaulted by Defendant B when B. walks up to A. on the sidewalk and punches him on the nose. A. proceeds to sue B. for damages for the tort of assault. (Civil wrongs are called 'torts'.) The police also lay a charge of assault against B under the Criminal Code. If B. is acquitted at his criminal trial for assault (the judge has a reasonable doubt when B. testifies that it was an accident and he in no way intended to strike A.) then does the fact that the court acquitted B. at the criminal trial mean that A. can't sue B. civilly? No. A. can sue B. And in the civil court, A. will only have to prove the case on the balance of probabilities as opposed to the higher burden of proof the Crown in a criminal trial bears of proof beyond a reasonable doubt. Suppose B. had been found guilty of assault on A., after the Crown had prosecuted him in a criminal court. Does the fact that he was convicted automatically mean that A. will successfully sue B. for damages? Once again, the answer is no. It cannot be assumed that simply because of the criminal conviction, A. will be successful. Success in the civil context means not only that the judge in the civil case finds B. liable to A. for assault, but also that A. suffered some damages. A. can lead evidence of the fact of B.'s criminal conviction in the civil case, but the court May find that A. suffered no damages whatsoever. This is not what A. would describe as a successful day in civil court! If the civil case between A. and B. had proceeded first, and B. was found liable for monetary damages to A., can the Crown lead that civil finding of liability when the criminal case comes up? The answer is no. The factual findings of one court do not bind another court (unless it's an appeal court hearing an appeal from a lower court). What this means is that in the course of B.'s criminal trial, the fact that another court, and a civil court at that, found liability. means nothing. Section 13 of the Canadian Charter of Rights and Freedoms states that, " A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence. " Only where a witness departs from what they have previously said under oath will the circumstance arise that the witness can be cross-examined on their previous statement. So if B. at the civil trial tells a story completely different from the story he told at the criminal trial, he can expect to be cross-examined on it and May find himself in even more trouble with respect to the perjury sections of the Criminal Code. If the criminal trial proceeds after the civil trial, and B. should choose to testify and then tells a story completely different from the story he told at the civil trial, once again he would find himself cross-examined on his earlier testimony and again be involving himself in further criminal proceedings with respect to perjury or giving contradictory evidence,. whatever the verdict might be on the assault charge. It can therefore be seen that civil decisions have some impact, although a limited impact, on criminal proceedings and vice versa. Policy considerations are different in almost every respect as between the two types of proceedings. Although the RCMP BTF is aware of various civil cases that have either been completed over the years across Canada or are still underway, the RCMP has undertaken its own independent gathering and review of the evidence to determine whether or not there is criminal wrongdoing to be alleged and presented to a court. The RCMP is in the final stages of its investigation and will carefully review all the information it gathers to determine whether or not a criminal charge or charges are appropriate. Websites The RCMP does not endorse/support the attached websites, and have provided them as a service to the I/AP of this investigation. March 12, 2001 Consultation with four full-time Crown Counsel continues on legal issues relating to the investigation. No decision has been made as to if/when criminal charges will be laid. This decision cannot be made until the police investigation is completed. Once again, as this is an active criminal investigation, we cannot provide any further information about the investigation. Destruction of Canadian
Blood Committee Records This investigation was totally separate from the BTF investigation. While the BTF investigation commenced after the Krever Inquiry, the shredded document investigation commenced as the result of issues during the Commission of Inquiry. Once again, the BTF continues to investigate the blood distribution system in Canada. For further enquiries regarding this press release, please contact Cpl. Louise Lafrance, "A" Division Media Relations, at 613-993-9902. Identification of Infected
Persons It has come to the BTF's attention that some treaters maintained an inventory of hemophilia blood samples in a frozen state. Investigators would be interested in identifying who these treaters were, and if the samples are still available. If you know of a hemophiliac whose treater froze their blood, and then after diagnosis of HIV, tested old samples determining the date of infection to be within the above mentioned dates, please contact the BTF at 1-888-530-1111. Criminal vs Civil Pictures Telephone Updates to
the I/AP February 26, 2001 2000 December 6, 2000 The Blood Task Force (BTF) continues to investigate the Blood distribution system in Canada. We are working hard to complete the investigation in an expedient, thorough and professional manner. Over one million documents have been collected to date. The BTF has gathered the majority of information that will be required for the investigation, however, some important information still has to be obtained. The BTF is in the final phases of the investigation. As this is still an active, ongoing investigation, we cannot provide any further information about the criminal investigation. Crown Counsel Thje I/AP Program For those of you who have not forwarded your consent form, you May still do so. Please inform the BTF in writing if you no longer wish to receive calls from the Provincial Coordinator. Putting a face to the name Change of address Legal Issues
Non-publication, confidentiality and privacy in court The freedom of the media to cover court proceedings has been recognized by the Supreme Court of Canada, and the courts must be hesitant to limit public scrutiny. There are however limits that are recognized both by Statute Law and Common Law (Judge made law). In cases involving young offenders, sexual assault allegations or extortion, the name of the accused, the complainant, or in some cases the witness, can be the subject matter of a prohibition. Indeed it is an offence to publish the name of a young offender. Complainants of sexual assault and extortion have a statutory exception to having their names published in the media, however, this does not mean that members of the public may not attend and watch proceedings. Only in exceptional circumstances can matters be held in camera, which is to say in private and behind closed doors. One compelling example involves trials under the Official Secrets Act, when it would be counter-productive to conduct a trial in public, where the revelation of the state secret would become known. Embarrassment, or merely having a concern about one's name becoming known, are not sufficient reasons for a court to place a ban on the publication of the witness's name. The test for obtaining such an order banning publication of the complainant's name is distinct from the test of having the hearings conducted in camera. It can be said that if it is not common to have a ban on a witness's name, then it is extremely uncommon to have a court case or part of it heard in private. In appropriate circumstances however, the court can order a ban on the publication of a witness's name. These kinds of court orders have been successfully made in both civil and criminal cases, where the revelation of the name would necessarily mean that information that would otherwise be treated as confidential would be exposed to public view. For instance, in some cases persons who have tested HIV positive or suffered from other maladies have been the subject matter of orders banning publication of their name. These orders are not automatic. The party calling the witness must make an application to the presiding Judge, and must accompany that application with some reasonable and articuable grounds as to why it is in the public interest that the person's name not be published. Clearly there is a public interest in having persons who are HIV positive or suffer from Hepatitis feel free to step forward as witnesses in proceedings. However, the order banning publication of the witness's name is far from automatic, and in the event that the trial Judge declines to make such an order, there is no appeal from the refusal. If the media did publish the person's name knowingly, this can constitute a contempt of court. If the media erroneously published the name after being duly diligent, there May not be a contempt at all. In the end result, there are some protections for witnesses who May be called forward in civil or criminal cases, to maintain a level of privacy that would not otherwise be available if such an order had not been made. Evidence With respect to documentary evidence, when the police seize a document, it is open to the prosecution to tender the document as evidence of the truth of its contents. This is not a case of the authorities simply handing in the document and saying "See, this is what it says", but rather, someone must testify as to the document to indicate where it was seized from and what its significance is. For instance, in a fraud case, if the police obtain banking records, usually someone from the bank will come and explain that these records relate to a certain bank account, of a certain individual, and reveal a financial history over a specified period of time, that has relevance to the charge. These documents then become evidence of the truth of their contents to show that deposits and withdrawals were made on certain days or that certain acts were done. Testimonial evidence is the kind of evidence that we have all seen on television and in the movies, where a witness testifies that he or she saw "A" rob the bank on a certain day, and that the perpetrator of the bank robbery is the individual sitting before the court. Both documentary and testimonial evidence must be as free from hearsay as possible. Hearsay is when someone else told you the fact that you are testifying to. For instance, a witness would not be allowed to say that although they did not see the accused rob the bank, they were told by someone else, that that person had seen the individual rob the bank. The best person to testify, and in fact the only person who would be allowed to testify, would be the individual who actually saw the individual robbing the bank. Similarly, a document that purports to reveal not a fact, but a hearsay fact, May be admissible for other reasons because not all of it contains hearsay, but insofar as it purports to establish facts that are not within the knowledge of the creator of the document, it May go to weight, and May mean that the document has no evidentiary value. Hearsay is admissible however. There are many exceptions at Common Law that permit hearsay to be admitted, but these exceptions and the circumstances in which they apply are sufficient to fill several legal texts. Opinion evidence usually emerges from the testimony of a witness. One does not have to be an expert to express opinion evidence. When a witness testifies as to things that would normally be within the knowledge of an individual, such as the speed of a motor vehicle or the general health of an individual, these things don't require any special training or knowledge. Where, however, the authorities seek to call someone to express an expert opinion on something that is not within the general realm of knowledge, then that person must be qualified as an expert before the court will allow them to give the opinion. Evidence, both testimonial and documentary, can either be direct evidence or circumstantial evidence. Direct evidence would be where a witness says that they saw an individual in the bank, in the act of robbing it, and that that individual was the accused before the court. Circumstantial evidence would be where a person heard a bank alarm and saw a man running out of the bank with what appeared to be a bag. This is circumstantial evidence, which May tend to prove that the accused before the court is the bank robber. Circumstantial evidence is not second class evidence, and in fact most cases are decided on circumstantial evidence. The test is the same whether the case is based on testimonial or documentary evidence, either direct or circumstantial in nature. In all criminal cases the Crown must prove the guilt of the accused beyond a reasonable doubt. Your comments are appreciated. Once again, contact with the BTF can be made at 1-888-530-1111 or use the online form. Please remember, that updates of the investigation are also recorded on this toll-free line in both French and English. September 26, 2000 The RCMP Blood Task Force continues to investigate the Canadian blood system. It has now been two years and nine months since the onset of this criminal investigation. We receive many enquiries as to when this investigation will be completed. The investigation will only be concluded once we completely investigate all the issues exhaustively. Let me reassure you that the members of the Task Force continue to work toward the expedient resolution of the investigation. There is no new information that we can provide to you within the parameters of this ongoing criminal investigation. We don't feel there is any value in reiterating information that we have already provided. Criminal investigation VS Civil proceedings Identification of infected/affected persons We would like to thank those of you who have assisted us in locating additional Infected/Affected Persons. Your assistance is appreciated. The Infected/Affected Persons Program RCMP Blood Task Force Putting a face to the name I feel it would be beneficial to 'put a face to your name.' Providing a picture of yourself or your loved one will help us 'humanize' the Infected/Affected Persons Program. The key factor to a successful Infected/Affected Persons Program is the human element, which on occasion becomes difficult when you're dealing with large numbers of people. Providing a picture of yourself or your loved one is strictly voluntary. The picture you provide will be placed on your file, and can be any size. Please identify the subject/s on the back of the photograph. If you wish to provide a picture, please forward it to the address at the top of this letter, to the attention of Cst. Heather Jamieson. Consent Letters Your comments and opinions are valued. Heather Jamieson, Cst. April 14, 2000 The Blood Task Force continues to actively investigate contaminated blood issues in Canada. Interviews have been conducted with complainants, infected/affected persons, and persons involved in the medical, legal and scientific community in Canada and internationally. The investigative team continues to look at five specific areas:
Although the Blood Task Force has acquired considerable information in relation to this investigation, investigators are cognizant that members of the public May be in possession of information or documentation which May assist the members of the Task Force. Any person with information is encouraged to contact the Blood Task Force (1-888-530-1111) or use the online form. As this is an ongoing criminal investigation, specific details of the investigation cannot be disclosed. Please be assured that the Blood Task Force is working extremely hard to complete this investigation in a thorough, timely and professional manner. The Infected/Affected Persons Program The Provincial Coordinators, who will be making these phone calls, were brought to the RCMP Training Academy in Regina on Feb. 24-26, 2000, for training on issues specific to this investigation. The complainant groups for this investigation were requested to attend this conference as a guest speaker/resource person, and were asked to provide information regarding their group and how the group offers support to I/AP. They also provided us with personal stories and explained to us what it is like to live with these viruses. Hearing these personal testimonies was an extremely important aspect of this conference and helped us understand I/AP issues. Contrary to recent media releases across Canada, this conference was not a forum for all I/AP to provide their testimony on how contaminated blood has affected their lives. This conference was strictly for training of Victim Services Agency representatives and RCMP officers, who will be assisting the Blood Task Force. 1999 December 1, 1999 Recent media release Four complaints The term "victim" The Blood Task Force has adopted the term Infected/Affected Persons. However, it should be noted that the term victim will still be utilized in some circumstances. Various programs across Canada dealing with victims of crime issues are referred to as Victim Service Agencies. In the future, the Blood Task Force will be utilizing these agenciess services. The investigation Interviews were conducted with complainants, victims and academia, as well as persons involved in the medical, legal and scientific community in Canada. The investigative team was able to exact issues into four inclusive areas; donor screening, factor concentrates, blood testing, and the transmission of Hepatitis C. The Task Force has since identified the requirement to investigate look back/trace back. To date, the Task Force has spoken with over one thousand persons, and has obtained over 100,000 documents. Because of the complexity, and the amount of information involved, this investigation will take a long time to complete. In any criminal investigation, there are challenges. This investigation has challenges which are unique to it. For example, much of the information surrounding the issues under investigation is in excess of fifteen years old. This presents a challenge to the investigators in locating information and those persons that have/had information. We are also dealing with complex criminal law issues. As this is an ongoing criminal investigation, specific details of the investigation cannot be disclosed. Please be assured that the Blood Task Force is working extremely hard to complete this investigation in a thorough, timely and professional manner. Resources In January 1999, the Blood Task Force realized that there was a traditional and a non-traditional aspect to this investigation. As a result, the Task Force was separated into two teams. The traditional investigation is based out of Ottawa, and is dealing strictly with a succinct aspect of the blood system. Two RCMP officers, apart from the aforementioned group, are handling this investigation. The non-traditional investigation is being investigated by the Task Force working out of the Toronto North Detachment in Newmarket, Ontario. Commissioner's visit to the Blood Task Force HIV-T Group TIPS HOTLINE: ( 1-888-530-1111)The tips hotline has been operating out of Ottawa since the Task Force was formed. In late November, the line will be transferred to the Newmarket Office, however the number remains the same. There May be a short time period when you will not be able to reach us on this line. Please be patient, and try your call at a later date. If urgent, contact us at 905-953-7388. The tips hotline is available for persons who have information about the Canadian blood distribution system and the decision-making process between 1980 and 1990. Specifically, if a person saw documents, overheard conversations, or attended meetings that relate specifically to decisions made about the blood distribution system during those years, the Blood Task Force would like to talk to them. Communication with the Task Force is confidential. All information received will be reviewed by the Task Force and investigators will follow-up on all tips. The tips hotline will also provide a recorded update of the investigation. This will be updated on a regular basis. Identifying Infected/Affected Persons
If you have information, please phone our tips hotline, or or use the online form What happens when I call in? If persons wish to keep their identity confidential, the Task Force will do everything within their lawful means to protect this information. Legal issues The following information is designed to provide general information about various matters related to law. It is not intended to be specific legal advice, or complete in any way, and should not replace consultation with a lawyer. It is a relatively safe assumption that much of what members of the public know about court proceedings they learn from watching television. A word of caution is in order to those who think that what they see on television is an accurate reflection of our justice system. Most of the programming involves depictions of court proceedings in various parts of the United States. While there are similarities between the system of justice in our country and that of the United States, the differences far outweigh these. One should also keep in mind that fictional television is often designed to entertain us and not necessarily to educate us. As a result, there May be inaccuracies or parts crucial to a full understanding of the system not included in the television production because of a lack of viewer appeal. Difference between Criminal and Civil proceedings In civil proceedings, one party (the plaintiff), perhaps a private citizen, believes he/she has suffered some loss because of the actions of another (the defendant). If the parties cannot resolve the issue between themselves, they ask the courts to decide. Each side will ordinarily hire a lawyer to represent them in the proceedings, which includes the process of preparing and presenting the facts supporting their side. The process is an adversarial one. The Judge enforces the rules of the court, and the jury (or the judge alone if the trial is without a jury) decides who wins and the amount of the award. The Judge also decides who will have to pay the court costs and legal fees. In criminal proceedings, the court is dealing with a set of rules which prohibit certain acts which the government has put into place. These rules or laws are designed to protect people, property and the morality of society. There are over 40,000 criminal and quasi-criminal offences within Canadas laws. If a person or persons choose to carry out unlawful activities, their actions will be considered to be against all citizens of Canada. These laws are referred to as criminal laws and are found in the Criminal Code of Canada and various other statutes. Under our system of government, the Federal Parliament has the responsibility to determine what rules or laws are included in the Criminal Code. Government has the responsibility to also enforce the law once it is passed. This includes the investigation of allegations that a law has been broken, as well as the laying of charges and the prosecution of those charges. If it has been determined, following an investigation, that a law has been broken and a charge is laid, someone must present the information uncovered in the investigation to the court. That person is referred to as a Crown prosecutor because they present the evidence on behalf of the Crown. The Crown is one party in a criminal proceeding and the Crown prosecutor is there on behalf of the state, which is in other words, all Canadian citizens. The other party is the individual who it is alleged to have carried out the acts prohibited by the law. The accused is usually represented by a defence lawyer who the accused has hired, or in the case of someone who cannot afford a lawyer, one is appointed through legal aid. The Judge enforces the rules of the court, and the jury (or the judge alone if the trial is without a jury) decides whether the accused is innocent or guilty. The procedure between the courts in civil matters and in criminal matters is somewhat similar. The use of the adversarial system, having a Judge and/or a jury to decide, and the fact that there are rules governing the procedure in each case, are some examples. Also, the procedures for presenting evidence and calling witnesses are similar. However, in criminal law, because the consequences for an individual are considered so serious, and because the state has many resources at its disposal, there are safeguards in the system which are designed to remove the possibility of an innocent person being wrongfully convicted. For example, the Judge and/or jury in both civil and criminal proceedings have to have some basis upon which to decide between the two parties. This is what is known as the burden of proof and they are different in criminal and civil proceedings. In criminal matters the Crown or the state, through a prosecutor, must prove the case beyond a reasonable doubt. The accused needs only to introduce a reasonable doubt about whether he/she is guilty as charged. He/she does so by attacking the evidence put forward by the Crown or by introducing evidence. In civil proceedings the burden of proof is on the balance of probabilities. In other words, the Judge and/or jury must on the basis of the evidence, make a decision in favour of one or the other. The degree of difficulty required to prove a case beyond a reasonable doubt, is greater than what is required to prove a case on the balance of probabilities. November 8, 1999 Letter from the RCMP Blood Task Force to victims groups The RCMP's Blood Task Force investigation continues to move forward, and is progressing extremely well. We are into our nineteenth month of investigation. As stated in previous letters, because this is an ongoing criminal investigation, we cannot provide specific details. However, information continues to be accumulated and analyzed in a timely manner. New complaint The term "victim" We will be adopting the terminology "Infected/Affected Persons" at the Blood Task Force. However, it should be noted that the term "victim" will still have to be utilized in some circumstances. Most existing programs across Canada that deal with victims of crime are referred to as "Victim Service Agencies". In the future, the Blood Task Force will be utilizing these agencies' services. We are committed to responding to your concerns and invite you to forward your views. Infected/Affected Persons
What happens when I call in? Once a statement has been obtained, a file will be opened in your name at the RCMP Toronto North Blood Task Force office. If persons wish to keep their identity unknown, the Task Force will do everything within their lawful means to protect this information. Anyone with information relating to the investigation is asked to call the TIPS line at 1-888-530- 1111 or use the online form. June 18, 1999 Letter from the RCMP Blood Task Force to victims groups The RCMPs Blood Task Force Investigation remains on track and is progressing extremely well. In the December letter, we advised that the investigation had moved to a more focused phase. While information about systems and science is still important, the Task Force is now in a position to concentrate on certain decisions taken about blood and blood product distribution in Canada between 1980 and 1990. It is important that the public understand that, while the investigation has not reached any final conclusions, interviews with key players in the Canadian blood system continue to provide the Task Force with an ever greater understanding. This edition includes information about the investigation which should prove helpful in assisting you in understanding the strategy to date. To provide some background, a criminal investigation is about gathering data, usually in the form of interviews, which are analyzed and compared with what is already known. We verify the accuracy of the information and determine the next steps. This May take the form of any one of the following: researching sources available to the public, another interview, a consent to search or a search warrant. Any investigation will go through several rounds of this process, each time narrowing down or expanding on what other information is required. Interviews conducted abroad enable investigators to not only come to understand more about the system and science of the Blood Program, but also to determine what information was available in other parts of the world. This allows them to put the Canadian situation in a global context and be very specific in their focus in subsequent interviews. Since our last letter, teams of investigators have conducted interviews in Australia, Costa Rica, Switzerland, Belgium, the US and France. All of these interviews produced useful information. The interviews conducted in France were particularly helpful, given the ongoing experience with prosecutions related to the administration of the blood program in that country. As indicated in a previous letter, RCMP resources dedicated to the investigation have been critical to its success. As a national organization with resources in many specialties the RCMP is well positioned to carry out this type of investigation. Moreover, as an organization dedicated to public service, it remains committed to this very important task. On June 15th, 1999, an investigator with a medical background will join the Task Force full-time. His involvement will enhance the existing expertise and, as such, be very valuable to the investigation. Anyone with information relating to the investigation is asked to call the TIPS line at 1-888-530- 1111 or use the online form. February 19, 1999 Letter from the RCMP Blood Task Force to victims groups We would like to take the time to update you on the status of our investigation. Our focus remains on the structures and systems relating to the decision making process within the Canadian blood program. The investigation is very complex and we have gathered a large amount of information and documentation. To date we have audio interviewed in excess of 100 individuals and gathered more than 30,000 documents. The Task Force has streamlined and improved efficiency by using a Major Case Management System, which is supported by the RCMP computer system. It is a research, management and presentation system for the paper documents, electronic documents and additional information of our project. The system provides us with analytical tools and capabilities. We are able to search and locate documents based on queries, which saves a great deal of time. This Management System gives us the tools to prepare briefs from the material, to prepare and print structured reports listing information of interest and work in tables and forms. We continue to urge anyone with information relating to the investigation to call the TIPS line at 1-888- 530-1111. 1998 December 3, 1998 Letter from the RCMP Blood Task Force to victims groups With the introduction of new information, the investigation has become extremely focused and we have again requested information from Canadians who have any key evidence, to come forward. We have come to believe that people with key information for this investigation are out there and we need their cooperation. The Task Force has 20 full time staff, which includes 12 investigators, a research analyst and a liaison to keep people informed. So far, the Task Force has received approximately 500 tips from the 1-888 number and two via the Internet. There have been approximately 575 interviews conducted. The investigators have traveled to the United States, Germany and The Netherlands for information, and have sought assistance from Police Agencies nationally and internationally. Because of the complexity of the investigation and the amount of information, investigations of this kind take a long time to complete. The Task Force has streamlined and improved efficiency by using a new Major Case Management System, supported by the RCMP computer system. We continue to urge anyone with information relating to the investigation to call the TIPS line at 1-888-530-1111 or through the Internet. July 23, 1998 Letter from the RCMP Blood Task Force to victims groups The Blood Task Force continues to draw upon all resources of the RCMP, nationally and internationally (i.e. analytical services, Canadian Police College, Community Policing Branch, Foreign Services Branch) towards the expeditious resolve of this investigation. We have benefitted from the assistance, experience and co-operation of policing partners, as well as private and public organisations, locally, nationally and internationally. Over 500 calls have been received on the TIPS hotline since its implementation in February, and in excess of 500 interviews of witnesses, victims and complainants have been completed. The investigative team has been augmented by the addition of a civilian member of the RCMP, who is a lawyer, in order to assist in this very complex endeavour. The task force continues to travel extensively throughout Canada, in addition to travelling to Germany, the Netherlands and the United States. The magnitude of information accumulated to date has permitted the investigation to become increasingly focussed. However, the sheer volume of information requires considerable time to be effectively accrued and analysed. The criminal Investigation is now into its sixth month. The direction of the investigation is being maintained on the structures and systems relating to the decision-making processes within the Canadian blood program. Anyone with information can call the national TIPS line at 1-888-530-1111. May 29, 1998 Letter from the RCMP Blood Task Force to victims groups Our toll free TIPS telephone line (1-888-530-1111) continues to receive information on a daily basis. The interview process persists in every province as information that has been obtained during the initial stages of the review and criminal investigation is analysed and placed onto a computerized file management system. The investigation has expanded geographically with Blood Task Force personnel travelling to foreign jurisdictions as part of the information gathering process. With the addition of personnel and the new computer system in Toronto, the task force is moving to a more accommodating location commencing June 5, 1998. However, correspondence will continue to be received at the following address: Royal Canadian Mounted Police
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