A judge heard arguments on Lance Blanchard’s request for a mistrial on Wednesday.
Blanchard was convicted of assaulting, kidnapping, unlawfully confining and sexually assaulting an Indigenous woman.
During Wednesday’s application, an inmate from the Edmonton Remand Centre was on stand, where he described his relationship and interactions with the victim.
The witness said the victim told him about the incident that resulted in Blanchard being convicted, and she had told him that she broke into an apartment where she had an altercation with a man inside who had a knife.
The Crown questioned the man’s credibility and memory.
The Blanchard case received national attention after it was discovered the 28-year-old victim was forced to spend five nights at the Remand Centre during her testimony at the 2015 preliminary hearing.
READ MORE: Alberta sexual assault victim mistakenly called name of attacker by judge
Court heard the woman was homeless and sleeping in an apartment stairwell when she was attacked and dragged into Blanchard’s apartment. She suffered stab wounds to her temple and hand as she attempted to fight off the sexual assault.
Court documents indicate the woman had trouble focusing and answering questions, so the hearing judge agreed with a Crown prosecutor’s request to have her spend the weekend in custody.
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The complainant was forced to testify about her June 2014 assault in Edmonton while she was shackled and handcuffed, and on at least two occasions, she had to travel in the same prisoner van as her attacker.
READ MORE: Alberta launches investigation after sexual assault victim jailed during hearing
Before the mistrial application, Tom Engel, Blanchard’s lawyer, applied for the release of legal records he contended contain new evidence that the victim was heavily addicted to drugs and was involved in criminal activity.
“The sought-after records contain information that is likely relevant to issues in the trial, in particular, a mistrial application.”
The victim in the case, who was originally from Maskwacis, Alta., was killed during an accidental shooting unrelated to the case. After her passing, an apology was issued by the provincial government to her family.
Watch below: On June 7, 2017, Quinn Ohler filed this report after recordings from a preliminary hearing in a controversial Edmonton sexual assault case revealed more about the victim and how she was treated. Advocates say the woman, who was shackled and held in jail, deserved better.
Her family wants a publication ban on her name to be lifted. They say they don’t want her to be just another statistic.
In June, an Edmonton judge ruled against Blanchard’s attempt to have his convictions stayed over his treatment in custody.
In January, Blanchard is scheduled for a dangerous offender hearing that could lead to him being jailed indefinitely.
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