Lawyers of Manitoba doctor accused of sexual assault consider applying for stay of proceedings

Arcel Bissonnette, a doctor formerly working at the Sainte-Anne Hospital and the Sainte-Anne Medical Centre who is facing 22 counts of sexual assault , walks from the Manitoba's Court of King's on Jan. 16, 2023. (Source: Jamie Dowsett/CTV News Winnipeg)

Defence lawyers for a Manitoba doctor accused of sexual assault are considering applying for a stay of proceedings over missing evidence including the lead police investigator's notes.

After a week of adjournments, Dr. Arcel Bissonnette and his team of defence lawyers were back in Manitoba's Court of King's Bench on Friday.

"We are not entirely where we expected to be," Crown attorney Paul Girdlestone told the court during the sitting that lasted fewer than five minutes.

Sainte-Anne Police initially charged Bissonnette, who was working at a Ste-Anne hospital and medical centre, with six counts of sexual assault in November 2020.

In October 2021, police said more people had come forward resulting in 16 more counts of sexual assault against the doctor.

However, Bissonnette's defence team has been raising what they perceive as 'significant concerns' with the integrity of the police investigation. Defence Counsel Lisa LaBossiere previously told the court a year of notes from the lead investigator are missing.

She said Wednesday it does not appear the notes will ever be recovered.

Following a two-and-a-half-day long adjournment, Defense Counsel Martin Minuk told the court Friday they are considering an application for a judicial stay of proceedings on the initial six counts of sexual assault. The remaining 16 sexual assault charges have yet to go to trial.

He said a stay of proceedings application would be on the grounds of abuse of process and late disclosure, among other things.

However, Minuk said the Crown and the defence have received new disclosure from police investigators over the last three days, including what he called a 'significant piece' turned over Friday morning.

Minuk said both Crown and Defence agreed that an adjournment until Monday is needed to review the impact of the recent investigation disclosure.

Justice Anne Turner adjourned the trial to Monday morning.

The charges against Bissonnette have not been proven in court, and he is considered innocent until proven guilty.