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I N F O R M A T I O N
# 1774645
CANADA
PROVINCE OF SASKATCHEWAN
This is the information of Brian Dueck of the City of Saskatoon, in the Province of Saskatchewan, a peace officer, hereinafter called the informant.
The informant says that he has reasonable grounds to believe and does believe that:
l. DONALD LEO ROSS (Dob: 02 - Nov - 31) of 1813 Avenue C North, Saskatoon Saskatchewan, and HELEN SUSAN ROSS (Dob: 04-OCT-58) of Laird, Saskatchewan, and DONALD GEORGE WHITE (Dob: 22-Jan-26) of Laird, Saskatchewan, between the 1st day of January, 1983 and the 31st day of December, 1989 at the City of Saskatoon, in the Province of Saskatchewan did: commit a sexual assault upon Michael London Ross, contrary to the provisions of the criminal Code.
2. DONALD LEO ROSS (Dob: 02 - Nov - 31) of 1813 Avenue C North, Saskatoon Saskatchewan, and HELEN SUSAN ROSS (Dob: 04-OCT-58) of Laird, Saskatchewan, and DONALD GEORGE WHITE (Dob: 22-Jan-26) of Laird, Saskatchewan, between the 1st day of January, 1983 and the 31st day of December, 1989 at the City of Saskatoon, in the Province of Saskatchewan did: commit a sexual assault upon Kathleen Jessica Ross, contrary to the provisions of the criminal Code.
3. DONALD LEO ROSS (Dob: 02 - Nov - 31) of 1813 Avenue C North, Saskatoon Saskatchewan, and HELEN SUSAN ROSS (Dob: 04-OCT-58) of Laird, Saskatchewan, and DONALD GEORGE WHITE (Dob: 22-Jan-26) of Laird, Saskatchewan, between the 1st day of January, 1983 and the 31st day of December, 1989 at the City of Saskatoon, in the Province of Saskatchewan did: commit a sexual assault upon Michelle Mimi Ross, contrary to the provisions of the criminal Code.
4. DONALD LEO ROSS (Dob: 02 - Nov - 31) of 1813 Avenue C North, Saskatoon Saskatchewan, and HELEN SUSAN ROSS (Dob: 04-OCT-58) of Laird, Saskatchewan, and DONALD GEORGE WHITE (Dob: 22-Jan-26) of Laird, Saskatchewan, between the 1st day of January, 1983 and the 31st day of December, 1989 at the City of Saskatoon, in the Province of Saskatchewan did: commit an act of gross indecency with Michael London Ross, by having the said Michael London Ross, touch the private parts of the accused, contrary to section 157 of the Criminal Code.
5. DONALD LEO ROSS (Dob: 02 - Nov - 31) of 1813 Avenue C North, Saskatoon Saskatchewan, and HELEN SUSAN ROSS (Dob: 04-OCT-58) of Laird, Saskatchewan, and DONALD GEORGE WHITE (Dob: 22-Jan-26) of Laird, Saskatchewan, between the 1st day of January, 1983 and the 31st day of December, 1989 at the City of Saskatoon, in the Province of Saskatchewan did: commit an act of gross indecency with Kathleen Jessica Ross, by having the said Kathl.een Jessica Roes, touch the private parts of the accused, contrary to Section 157 of the criminal Code.
6. DONALD LEO ROSS (Dob: 02 - Nov - 31) of 1813 Avenue C North, Saskatoon Saskatchewan, and HELEN SUSAN ROSS (Dob: 04-OCT-58) of Laird, Saskatchewan, and DONALD GEORGE WHITE (Dob: 22-Jan-26) of Laird, Saskatchewan, between the 1st day of January, 1983 and the 31st day of December, 1989 at the City of Saskatoon, in the Province of Saskatchewan did: commit an act of gross indecency with Michelle Mimi Ross, by having the said Michelle Mimi Rosa, touch the private parts of the accused contrary to section 157 of the criminal Code.
7. DONALD LEO ROSS (Dob: 02 - Nov - 31) of 1813 Avenue C North, Saskatoon Saskatchewan, and HELEN SUSAN ROSS (Dob: 04-OCT-58) of Laird, Saskatchewan, and DONALD GEORGE WHITE (Dob: 22-Jan-26) of Laird, Saskatchewan, between the 1st day of January, 1983 and the 31st day of December, 1989 at the City of Saskatoon, in the Province of Saskatchewan did: In committing an assault upon Michael London Ross, cause bodily harm to him, contrary to the provisions of the criminal Code.
8. DONALD LEO ROSS (Dob: 02 - Nov - 31) of 1813 Avenue C North, Saskatoon Saskatchewan, and HELEN SUSAN ROSS (Dob: 04-OCT-58) of Laird, Saskatchewan, and DONALD GEORGE WHITE (Dob: 22-Jan-26) of Laird, Saskatchewan, between the 1st day of January, 1983 and the 31st day of December, 1989 at the City of Saskatoon, in the Province of Saskatchewan did: in committing an assault upon Kathleen Jessica Ross, cause bodily harm to her contrary to the provisions of the Criminal Code.
9. DONALD LEO ROSS (Dob: 02 - Nov - 31) of 1813 Avenue C North, Saskatoon Saskatchewan, and HELEN SUSAN ROSS (Dob: 04-OCT-58) of Laird, Saskatchewan, and DONALD GEORGE WHITE (Dob: 22-Jan-26) of Laird, Saskatchewan, between the 1st day of January, 1983 and the 31st day of December, 1989 at the City of Saskatoon, in the Province of Saskatchewan did: in committing an assault upon Michelle Mimi Ross, cause bodily harm to her, contrary to the provisions of the criminal Code.
10. DONALD LEO ROSS (Dob: 02 - Nov - 31) of 1813 Avenue C North, Saskatoon Saskatchewan, between the 1st day of January, 1983 and the 31st day of December, 1989 at the City of Saskatoon, in the Province of Saskatchewan did: have sexual intercourse with Kathleen Jessica Ross while knowing that the said Kathleen Jessica Ross, was his daughter, contrary to the provisions of the Criminal Code.
11. DONALD LEO ROSS (Dob: 02 - Nov - 31) of 1813 Avenue C North, Saskatoon Saskatchewan, between the 1st day of January, 1983 and the 31st day of December, 1989 at the City of Saskatoon, in the Province of Saskatchewan did: have sexual intercourse with Kathleen Jessica Ross while knowing that the said Michelle Mimi Ross, was his daughter, contrary to the provisions of the Criminal Code.
12. HELEN SUSAN ROSS (Dob: 04 - Oct - 58) of 1813 Avenue C North, Saskatoon Saskatchewan, between the 1st day of January, 1983 and the 31st day of December, 1989 at the City of Saskatoon, in the Province of Saskatchewan did: have sexual intercourse with Michael London Ross while knowing that the said Michael London Ross, was her son, contrary to the provisions of the Criminal Code.
SWORN BEFORE me, this 6 day of July, A.D. 1991, at Saskatoon in the Province of Saskatchewan.
A Judge of the Provincial Court for Saskatchewan
OR
A Justice of the Peace in and
for Saskatchewan. #2614
Volume I Page 1
IN THE PROVINCIAL COURT FOR SASKATCHEWAN
SASKATOON SASKATCHEWAN
B E T WE E N:
HER MAJESTY THE QUEEN
- and -
DONALD LEO ROSS
HELEN SUSAN ROSS
DONALD GEORGE WHITE
PRELIMINARY HEARING PROCEEDINGS HOLDEN AT THE CITY OF SASKATOON, IN THE PROVINCE OF SASKATCHEWAN, COMMENCING ON THE 21ST DAY OF NOVEMBER, A.D. 1991, BEFORE HIS HONOUR JUDGE R. G. FINLEY, A JUDGE OF THE PROVINCIAL COURT FOR SASKATCHEWAN.
APPEARANCES:
Mr. M. K. Miazga
Department of Justice Saskatoon, Saskatchewan COUNSEL FOR THE CROWN
Mr. R. Kergoat
Saskatchewan Legal Aid commission Saskatoon, Saskatchewan COUNSEL FOR DONALD ROSS
Mr. D. J. Mullord
Harrison & Buitenhuis Saskatoon, Saskatchewan COUNSEL FOR HELEN ROSS & DONALD WHITE
(There being no Court Reporter in attendance, the proceedings were taken by means of a tape recording.)
Volume I Page 2
MR. MIAZGA: Crown is ready to proceed on that matter. I'm not sure if Defence have any applications they wish to make or not, so -
THE COURT: Alright. May I have the Informations please? Did you hand them up, did I put them with this other material? Well, I don't appear - oh, alright. Now, this is the preliminary hearings of - I find a twelve count Information, the accused being Donald Leo Ross, Helen Susan Ross and Donald George White, is that correct?
MR. KERGOAT: That's correct, Your Honour. I represent, for the record, Roger Kergoat representing Mr. Ross, Mr. Ross alone.
THE COURT: So you're for Donald Ross?
MR. KERGOAT: I am.
THE COURT: Mr. Mullord?
MR.. MULLORD: Your Honour, I'm appearing for Helen Ross and Donald White.
THE COURT: Alright. I understand that there are some preliminary applications, is that correct?
MR. KERGOAT: That is correct, Your Honour.
THE COURT: Is this Crown applications, Defence applications, both?
MR. MIAZGA: Well, I think it is both applications, so perhaps it might be most appropriate to deal with the Defence application first, dealing - being that it
Volume I Page 3
deals with the very Information -
MR. KERGOAT: At the starting point, before my learned friend goes into something more meaty, Defence makes an application pursuant to Section 539 for non broadcast and non publication of the matters in the preliminary hearing, according to that Section.
THE COURT: I'm making an order prohibiting the broadcast of publication at this preliminary hearing, until the accused have been discharged or, if committed for trial, the trial has ended.
MR. KERGOAT: Secondly, there is an order pursuant to Section 486(3) already that was done at the time of the initial election and bail hearing, with respect to the identity of the victim. I have no real status in bringing forward any application, but I do it as a courtesy to remind the Court, with respect to any orders that might to identify - any evidence or naming that might tend to identify the victims, alleged victims in the case, and I would submit that that should go so far as to include the names of the accuseds.
THE COURT: Well, that comes under the, and any information which could be disclosed, because there's specific authority to bar publication of the name of a witness or of the complainant, and then any other information that might tend to disclose, so it's
Volume I Page 4
strange that there's no specific authorization.
MR. KERGOAT: Fair enough.
THE COURT: I'm making an order, so it's up to the - those who wish to broadcast to interpret it. I'm making an order, pursuant to Section 486(3) of The Criminal Code, directing that the identity of the complainant and any information that could disclose the identify of the complainant shall not be published in any document or broadcast in any way. That's the order you're asking for, is that correct?
MR. KERGOAT: The first order was with respect to the preliminary hearing, under 539, and then the second order, I just reminded the Court that it had been made previous to -
MR. MIAZGA: Yeah, I think it was made way back at the first appearance and maybe it's just appropriate to indicate that order still is in effect and will be in effect until the -
THE COURT: Alright. The earlier order under Section 586 is still in effect.
MR. KERGOAT: And the 539 order has been given? I failed to note that.
THE COURT: Yes.
MR. KERGOAT: Thank you.
MR. MULLORD: Your Honour, the first preliminary motion that we have this morning concerns the Information
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