Defence lawyer’s illness leads to adjournment in doctor’s sex assault trial

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This article was published 09/05/2023 (851 days ago), so information in it may no longer be current.

The trial of a Manitoba doctor accused of sexually assaulting five patients was adjourned Tuesday before any testimony could be heard after a member of his defence team informed court he was ill.

The trial of Dr. Arcel Bissonnette, which has heard testimony from five former patients, was set to hear evidence from a Toronto medical expert about appropriate examination protocols.

Lawyer Marty Minuk, one of three lawyers defending Bissonnette, was specifically tasked with cross-examining Dr. Kimberly Wintemute, but was not in a position to do so Tuesday due to health reasons.

Defence lawyer Josh Weinstein asked that the trial be adjourned until Wednesday for an update on Minuk’s status, telling King’s Bench Justice Sadie Bond he and co-counsel Lisa LaBossiere were not able to take over for Minuk.

“The expert witness, in terms of all aspects of testimony, process, is (Minuk’s) witness,” Weinstein said. “Ms. LaBossiere and I are not in a position that we could just jump in. We are not understudies, like in a Broadway show. We each have a division of labour and this was his area to cover.”

Weinstein said there was no reasonable expectation he and LaBossiere could prepare to cross examine Wintemute within the next few days.

“We have seen the material that Mr. Minuk has prepared,” he said. “We’re not talking binders, we’re talking boxes in relation to the expert. It would take us a significant amount of time to get up to speed. With the greatest of respect, that is not a viable option.”

Bond agreed to the adjournment request, which was opposed by the Crown.

“What’s important here is that Dr. Bissonnette is entitled to a qualified and prepared defence,” Bond said. “If it becomes apparent that this is a lengthier issue, then I may be pressing counsel to proceed.”

Crown attorney Renee Lagimodiere argued delaying Wintemute’s testimony, which has been rescheduled twice, increases the risk the trial will not finish in the five weeks allotted to it. Before Wintemute can testify, Bond must hear submissions as to her qualifications as a medical expert.

“When you factor in the legal arguments that have to occur, the (question) how long cross-examination might be… I think there is a real concern regarding having time to finish this trial,” Lagimodiere said.

Five women have testified Bissonnette performed medical examinations they say amounted to sexual assaults. Three of the women say they saw or may have seen Bissonnette with an erection during or following the examinations.

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Bissonnette was initially charged in November 2020 with sexually assaulting six patients. More women stepped forward and he was ultimately charged with allegedly assaulting 22 patients between 2004 and 2017.

A trial involving six alleged victims last November ended with all charges being stayed after prosecutors said late disclosure meant there was no reasonable likelihood of conviction.

Charges involving another alleged victim were stayed in advance of the current trial.

A third trial involving 10 alleged victims is set for February 2024.

dean.pritchard@freepress.mb.ca

Dean Pritchard
Courts reporter

Dean Pritchard is courts reporter for the Free Press. He has covered the justice system since 1999, working for the Brandon Sun and Winnipeg Sun before joining the Free Press in 2019. Read more about Dean.

Every piece of reporting Dean produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press‘s tradition, since 1872, of producing reliable independent journalism. Read more about Free Press’s history and mandate, and learn how our newsroom operates.