A young woman who sued the state of Quebec after her alleged attacker benefited from a Jordanian ruling has been fired. The court concludes that the Director of Criminal and Prosecution (DPCP) and the Minister of Justice enjoy immunity that proves to be “necessary”.
• Also read: The alleged victim of “Angel Daniel” comes out of the shadows and sues the DPCP
It's a real obstacle course that Joannie Verreault has had to face since 2010.
Accused of having been attacked over several years by her stepfather Michel Mercier, who called himself “Angel Daniel”, the young woman had the courage to file a criminal complaint.
Michel Mercier Photo credit: Kathleen Frenette
However, the Jordan decision, which limits delays not covered by the Crown or defense before sentencing in Quebec court to 18 months, forced a judge to issue a stay of proceedings against the defendant in April 2017.
Ms. Verreault then shifted the blame to the state, particularly the DPCP, which she blamed for failing to meet deadlines, to explain this lack of judgment, which she describes as “second aggression.”
A civil lawsuit was subsequently filed for $450,000 under civil liability and Charter of Rights and Freedoms protections.
Lawsuit dismissed
However, Chief Judge Claudia P. Prémont dismissed the young woman's lawsuit on December 8th, emphasizing, despite everything, the “special” character of the case and the great courage of the complainant.
The judge says in her decision that Crown prosecutors and the state enjoy the “necessary” immunity to protect them from all “political considerations and other vices.”
This immunity protects the independence of the system and, according to the judge, reminds us that victims of criminal acts “have no special right to obtain a sentence that suits them”. The public prosecutor primarily represents society, she adds.
However, Judge Prémont criticized the system's “lax” attitude towards deadlines at the time.
Of the 2,310 days that the Angel Daniel case lasted, the court puts the “institutional” delays at 949 days, which were “due to the difficulties of the justice system”. A number that could be significantly lower if more care were taken in managing the files.
“Different times, different customs,” the judge concluded, pointing out that “no malicious intent on the part of the prosecutors in the case” was apparent.
disappointment
Although denying Joannie Verreault's request, the Supreme Court considered the damages she could have received based on this sense of “unfinished mission.” In particular, the practice makes it possible to create a basis for the higher courts, which have not heard evidence, should ever overturn the decision in the event of an appeal.
“The preponderance of evidence shows that Ms. Verreault still has problems that were caused or exacerbated by the dismissal of the case. This deserves compensation,” argues Judge Prémont, estimating that $25,000, far from the $450,000 requested, would be “appropriate” compensation.
However, it is still too early to determine whether Joannie Verreault will appeal.
“We and our customer are disappointed with the decision made. We will take the time to analyze it in detail,” explained Me Patrick Bérubé, one of the plaintiff’s lawyers.
The Acts of the Angel Daniel
- Appearance on December 21, 2010
Michel Mercier Photo credit: Kathleen Frenette
- Accused of multiple sexual assaults on his partner's daughter, Joannie Verreault, over a period of nine years.
- The alleged victim was between 15 and 22 years old at the time of the crime.
- The angel Daniel was a character created by Michel Mercier. At trial, the plaintiff testified that her mother and Mercier convinced her that the angel would cure her of her anxiety problems and that he transmitted “energy during lovemaking.”
- The trial against Michel Mercier ended in April 2017, when a stay of proceedings was declared due to delays.
Can you share information about this story?
Write to us or call us directly at 1 800-63SCOOP.