Father fumes as water issues repeatedly delay the case of his young son's alleged sex assault

A father in a remote northern Manitoba community says water issues at community facilities are delaying the case of a former family friend accused of sexually assaulting his young son.

The CBC is not naming the father to protect the identity of his child. The boy was allegedly assaulted by a former school teacher in South Indian Lake, a community located 130 km north of Thompson, on Dec. 24, 2017.

Leaf Rapids RCMP charged the man with sexual assault and sexual interference on Jan. 9, 2018.

"Frankly, I want him to never teach again, never work near children again, and to pay the price for what he did," said the boy's father.

He said three of the man's scheduled appearances at the circuit court in South Indian Lake have been delayed. Two of the postponements were due to a lack of running water at community facilities.

The father worries the man's June 14 appearance will be postponed as well, causing more delays for his son, who remains traumatized by what allegedly occurred.

"This hangs over him. The sooner that this is resolved the sooner he can put this behind him. And know that the system worked and people believed him. And that's very important," said the father.

'He groomed us all'

The alleged incident happened when the father invited the teacher over to their home on Christmas Eve.

"It was his birthday and he was alone and my son really liked [him]," the father said. "It just seemed like the right thing to do."

The teacher was "semi-intoxicated" when he arrived and continued to drink when he got there, the father said. After about half an hour, he said, he went to the washroom.

"My son's bedroom is directly across from the washroom. I originally heard [my son] laughing, because [the man] had a habit of tickling [him] wherever we were," he said.

"Then my son yelled out, 'Stop, I hate you!' And he came charging out of the bedroom and came to see me in the living room and told me that [the man] had taken his pants off."

The father said he told the man to leave and phoned the RCMP. His son later told him the man had touched him inappropriately.

"I was in shock," said the father. "This was somebody that we had trusted. He groomed us all."

He could have reacted much differently at the time, he said, but wanted to do things the "right way."

"My son was already traumatized enough by what had happened. We have always told him that violence isn't the answer."

No water, no court

The teacher was dismissed from the school and left the community. The father said RCMP told him he is not in custody because he has no prior convictions.

According to a provincial spokesperson for the Department of Justice, court proceedings last took place in South Indian Lake on Feb. 26, but when the court party arrived in the community for subsequent proceedings in March and April, they learned there was "not a suitable location to hold court on both of those dates."

The spokesperson wrote that court usually happens at the town hall in South Indian Lake.

"When the water quit working there, we contacted the community and tried to move to the arena. Unfortunately, the entire community is affected by water outages at this time, so we could not use the arena or other sites identified as possible locations," she wrote.

"Generally speaking, court will not be held if there is no water or proper bathroom, and the contract signed by court parties stipulates the location holding the circuit court must have hot and cold running water. We have been working with the community to find a solution, but this is difficult since the water issue is affecting all possible court locations."

The spokesperson added the court contacted the community before the next scheduled date on May 24, "and was advised there was still no water in any of the facilities."

They are in touch with the community to see if the June 14 date will be possible, the spokesperson added.

Chief Chris Baker, when reached late Monday, said he was not aware of any water issues at the town hall preventing court from happening there, but would look into it.

He said he was aware that there had been some court cancellations, but that's not unusual in a northern community. 

He said the band would address the issues with the arena's water line when they can, but said they are facing more pressing maintenance matters.

'Easily fixable'

The only remaining employee working inside the arena since the water stopped running there wants to see a little more urgency.

"It's an avoidable problem and easily fixable and not enough attention or effort has been given to the problem," said Les Dysart, CEO of the Community Association of South Indian Lake, which owns the arena.

He said the First Nation is in charge of the water, and two weeks ago, the band sent someone to dig down to the line, insert a hose in the valve and try to thaw it out with warmer water, but was unsuccessful.

He said the issue has forced him to close the community's only recreation centre, including the skating rink, a concession and the use of the space for events. He said he also had to lay off five arena staff.

Case backlog 

The provincial spokesperson said there are 33 adults and six youths on the South Indian Lake court docket for June, and the Department of Justice is staying in touch with the community for updates to see if the June 14 date can go ahead.

The father said he worries the backlog will mean more delays, and that the accused's defence lawyer will argue the boy's memory has changed since the incident, or that his client has not had access to a speedy trial should he plead not guilty, and the case will be dismissed.

"I don't want him around other kids, and I want a conviction. He violated trust with our family, and I just really feel that this guy deserves to be made accountable for his behaviour," said the father.

"I want him to go to jail. I want him to spend some time in his senior years to reflect upon what he did."

'Weathered out courts'

The issue of access to justice is flagged in the annual report of the Provincial Court of Manitoba for 2016-2017.

"Each year there are many weathered out courts that add an additional burden on providing timely justice to the citizens of these communities," states the report.

It cites a growing workload for the two judicial justices of the peace located in Thompson who oversee the Summary Convictions Act and travel the circuit court locations in seven First Nations communities.

"There is therefore a need to properly assess the adequacy of the judicial justice of the peace resources, particularly in Thompson and northern Manitoba, when considering strategies toward improving justice system services," states the report.

The provincial spokesperson said Split Lake is the only other northern community no longer able to handle court proceedings, and its matters have been heard in Thompson for the past year. 

'Whatever it takes'

The boy is seeing a psychologist and has spoken with Victim Services, but according to his father, hasn't been the same fun-loving child since the alleged incident.

"He reacts quickly to anything he perceives as a threat, whether it's a reasonable assumption or not, he cries a lot at night, he every once in a while comes out with outbursts regarding [the man]," said the boy's father.

"His temper's gotten worse. I think he's grown frightened of the community. Even though [the man] no longer lives here, he's afraid."

They plan to move away for a fresh start. 

"There's nothing more important in my life than he heal and be OK. And I will do whatever it takes to help that process," he said, through tears.

Including calling some attention to the water issues.