Doe v. Church of Jesus Christ of Latter-Day Saints in Canada et al.,

• Judge: Wachowich
• Neutral Citation: 2003 ABQB 794
• Subject Matter: PRACTICE,COURTS
• Citation: (2003), 341 A.R. 395 (QB),2003 ABQB 794,341 AR 395,(2003), 341 AR 395 (QB),341 A.R. 395
• Date: 28 August 2003
• Court: Court of Queen's Bench of Alberta (Canada)

Doe v. Church of Jesus Christ (2003), 341 A.R. 395 (QB)

MLB headnote and full text

Temp. Cite: [2003] A.R. TBEd. SE.083

Jane Doe, Jane Doe by Her Next Friend, Mary Doe and John Doe (plaintiffs) v. The Church of Jesus Christ of Latter-Day Saints in Canada, The City of X Stake, An Unincorporated Religious Association, Corporation of the President of the Church of Jesus Christ of Latter-Day Saints, Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints (defendants)

(Action No. 0303 17057; 2003 ABQB 794)

Indexed As: Doe v. Church of Jesus Christ of Latter-Day Saints in Canada et al.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Wachowich, C.J.Q.B.

September 18, 2003.

Summary:

The defendants applied for a consent order in relation to a settlement agreement and an order sealing the court file.

The Alberta Court of Queen's Bench granted the consent order. The court refused to grant an order sealing the court file, but imposed a partial publication ban.

Courts - Topic 1404

Administration - General - Public access to judicial proceedings (incl. court records) - [See Practice - Topic 5003 ].

Courts - Topic 1408

Administration - General - Sealing of documents - [See Practice - Topic 5003 ].

Practice - Topic 3712

Evidence - Sealed evidence - When available - [See Practice - Topic 5003 ].

Practice - Topic 5003

Conduct of trial - General principles - Ban on publication - The leader of a branch of the defendant church committed a sexual assault against the plaintiff minor - The plaintiffs sued the defendants, seeking compensation for the tortious acts - The parties arrived at a settlement - The defendants applied for an order sealing the court file - The Alberta Court of Queen's Bench refused to seal the court file, but imposed a partial publication ban - The court held that a sealing order or total publication ban would be too restrictive - The administration of justice demanded that the public have access to information concerning sexual assaults, especially when they involved community institutions whose members were in positions of trust - The court held that the minor's emotional health was the most important factor to consider - The court ordered a partial publication ban on the minor's name, family members, age or birthday, grade in school and on any other information that would tend to identify the minor.

Cases Noticed:

B.J.S. et al. v. F.T.S. (1990), 111 A.R. 330 (Q.B.), refd to. [para. 6].

R. v. Mousseau (T.M.), [2002] A.R. Uned. 393 (Q.B.), refd to. [para. 10].

Doe v. Roe (1999), 243 A.R. 146 (Q.B.), refd to. [para. 10].

Canadian Broadcasting Corp. v. Dagenais et al., [1994] 3 S.C.R. 835; 175 N.R. 1; 76 O.A.C. 81, refd to. [para. 10].

Canadian Broadcasting Corp. v. New Brunswick (Attorney General), [1996] 3 S.C.R. 480; 203 N.R. 169; 182 N.B.R.(2d) 81; 463 A.P.R. 81, refd to. [para. 10].

R. v. Mentuck (C.G.), [2001] 3 S.C.R. 442; 277 N.R. 160; 163 Man.R.(2d) 1; 269 W.A.C. 1, refd to. [para. 10].

R. v. O.N.E., [2001] 3 S.C.R. 478; 279 N.R. 187; 160 B.C.A.C. 161; 261 W.A.C. 161, refd to. [para. 10].

Sierra Club of Canada v. Canada (Minister of Finance) et al. (2002), 287 N.R. 203 (S.C.C.), refd to. [para. 10].

Scott v. Scott, [1913] A.C. 417 (H.L.), refd to. [para. 12].

Edmonton Journal v. Alberta (Attorney General), [1989] 2 S.C.R. 1326; 102 N.R. 321; 103 A.R. 321, refd to. [para. 20].

Counsel:

Daniel C.P. Stachnick, Q.C. (Miller Thompson LLP), for the defendants.

These applications were heard on August 28, 2003, before Wachowich, C.J.Q.B., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following memorandum of decision on September 18, 2003.