B.C. appeal court reserves judgment of stay of proceedings against bishop

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A B.C. Court of Appeals has reserved judgment in the Bishop Hubert O'Connor case.

Crown Prosecutor Malcolm Macaulay and a coalition of women's groups, including the Aboriginal Women's Council, and the Department of Justice want he court to lift a stay of proceedings issued B.C. Supreme Court Judge Allan Thackery in O'Connor's sexual assault case.

O'Connor, the highest ranking Catholic official in Canada, is accused of raping two female employees and indecently assaulting two students in the '60s at the now-defunct St. Joseph's school.

Justices M.R. Taylor, J. Woods, H.A. Hollinrake, M.A. Rowles and J.E. Prowse reserved judgment Sept. 17 on the Crown's appeal, which addressed the B.C. Supreme Court's pre-trial order forcing the four complainants to disclose details of any psychiatric treatments they received in respect to the assaults.

Thackery issued his stay of proceedings in December 1992, after then Crown Prosecutor Gregory Jones failed to comply with the pre-trial order.

If the appeal panel decides to allow the Crown's appeal, a new trial will be ordered. Macaulay said. If the appeal is dismissed, the stay will remain in place and O'Connor will not be tried.

Access to the therapists' notes should only be allowed if they are relevant, said Fran Watters, the lawyer acting on behalf of the intervenors. Otherwise, women forced to choose between therapy and justice will not file sexual assault complaints.