Digest: R v Dorie, 2018 SKPC 67

• Date: December 19, 2018

Reported as: 2018 SKPC 67

Docket Number: 24525763 , PC18069

Court: Provincial Court

Date: 2018-12-19

Judges:

• Bazin

Subjects:

• Criminal Law � Assault � Sexual Assault

Digest: The accused was charged with sexually assaulting two women, J.M. and D.A., on or about March 2, 2015 and December 17, 2015 respectively. At the time of the alleged offences, the women were serving prisoners housed at the Okimaw Ohci Healing Lodge and the accused was the acting deputy director of the facility. The accused denied that the assault occurred and argued that the charges were related to a scheme to falsely accuse him. J.M. testified that prior to the alleged assault, the accused had been very friendly and often flirtatious. At some point, she became uncomfortable with his attention and began to avoid him. On the day of the alleged assault, the accused came into the kitchen where she was working alone and pressed himself against her back and buttocks. She expressed shock and the accused asked her if �she felt it�. At that point, the kitchen supervisor entered the room and asked what was going on. J.M. did not tell her because she didn�t feel that she would be believed, but she did tell her best friend, another inmate and another friend over the phone. She did not report the event to the authorities in or outside the prison because her parole hearing would be held in two months and she was extremely cautious about making any allegations against the institution or the guards that might threaten the prospect she had of being released. About eight months after being released, J.M. was contacted by the RCMP about the incident because after D.A. reported what had happened to her, one of the investigating officers asked the director of the Lodge to canvas the inmates about whether the accused had acted inappropriately with any of them and J.M.�s name came up. When interviewed by the officer, J.M. was reluctant to report what had happened to her but agreed to provide a statement. The accused testified and denied that the incident happened and said that he had not been in the building at the time that J.M. said that the alleged assault occurred. In the case of D.A., she testified that she and the accused had had a friendly relationship and that he often hugged her and other inmates. On the day in question, he came into her room when she was lying on her bed. He removed the blanket covering her, knelt down over top of her to give her a hug...