Trial begins for support worker accused of sexually assaulting client in Whitehorse

The trial for a former Connective residential support worker accused of sexually assaulting a vulnerable client in Whitehorse began in territorial court Monday, with two ex-colleagues testifying about how the allegation came to light. 

Victor Omale, 38, has pleaded not guilty to one count each of sexual assault and sexual exploitation of person with disability. The charges date back to September 2023, when Omale was working for the NGO at one of its housing programs. 

The complainant, a woman whose name is under a publication ban, was living in the basement apartment of a Connective-run house where support workers supervised residents 24 hours a day. 

Connective is an organization that provides various social services, including housing, reintegration and employment support. 

Former support worker Nathalie Gallant, the Crown's first witness, told the court that she was hired by Connective in 2021, initially working at its housing-first project — a 16-unit building downtown — before moving to a one-on-one role where she often did overnight shifts at the woman's home.

The apartment, Gallant said, has one bedroom and a small staff office with a computer. While there was another apartment on the upper floor, Gallant testified that they had separate entrances and were not connected inside. Each client had one support worker stationed in their unit at all times who could assist with tasks like cooking, cleaning, getting to appointments, going on outings and taking medication. 

Gallant testified that the woman had "cognitive delays" and often needed help with day-to-day tasks.

"She was one of our vulnerable clients," she said. 

Gallant testified that she was working an overnight shift on Sept. 13, 2023, when the woman "disclosed" something to her. 

Crown attorney Peterson Ndlovu didn't ask Gallant to recount what the woman said. However, Gallant testified that she called her supervisor, who came to the home and had a conversation with the woman before telling Gallant to call the Yukon government's Sexualized Assault Response Team (SART). 

Gallant said she also brought the woman to the hospital that night, where the woman met with a nurse and SART members. 

Manager told worker to look in garbage for 'evidence,' court hears

Another ex-support worker, Kudratjot Singh, also took the witness stand Monday.

Singh, who was a casual support worker for five months before being hired as a program manager at the Whitehorse emergency shelter, testified that he'd worked a day shift at the woman's apartment on Sept. 14, 2023, taking over from Gallant.

Gallant, he said, asked him to contact the RCMP during their shift-change. 

While waiting for a police officer to arrive, Singh said that the woman, unprompted, began talking to him about the "incident." He testified that she was in a "very emotional state" and that he tried to offer support while writing down everything she said. 

"I was having trouble keeping up," he testified, later adding that he was "shocked" by what he was hearing. 

Lane did not ask Singh to recount what he heard. 

Singh said he gave his notes to the RCMP. He also gave a statement to police the next day, but testified that before doing so, had searched a garbage can in the kitchen at the behest of his manager. 

The manager, Singh testified, had told him to "look for some evidence" —  specifically, condoms.   

"I just did as they asked me," Singh said, later testifying that he didn't find anything and that the police took garbage from both inside and outside the house as evidence. 

Under cross-examination by defence lawyer Jennifer Budgell, both Gallant and Singh confirmed that the woman would frequently "abscond" from the residence during the summer of 2023, sometimes being gone for days before agreeing to have staff pick her up and bring her home. 

While staff were supposed to discourage her from leaving — particularly because she was on line-of-sight supervision, meaning she had to have a support worker with her at all times — Gallant and Singh said they were not allowed to use physical force. 

The woman began her testimony Monday afternoon, briefly introducing herself and recounting meeting Omale before the court adjourned for the day.

The trial, being presided over by deputy judge Gurmail Gill, is expected to take a week.