Doctor's sexual assault trial delayed again, defence asks for time to determine next steps

Arcel Bissonnette, a doctor formerly working at the Sainte-Anne Hospital and the Sainte-Anne Medical Centre who is facing 22 counts of sexual assault , walks from the Manitoba's Court of King's on Jan. 16, 2023. (Source: Jamie Dowsett/CTV News Winnipeg)

The lawyer of a Manitoba doctor accused of sexual assault says missing notebooks of the lead police investigator are unlikely to ever be recovered, and have asked the court for more time to figure out their next steps.

Arcel Bissonnette, a Ste. Anne doctor charged with 22 counts of sexual assault, was back in Manitoba's Court of King's Bench Wednesday morning, but not for long. His trial has been adjourned again for the third consecutive day.

The slow start to the trial began Monday, when defence lawyers argued a year of notes from the lead investigator in the case were missing.

"I don't think anyone is going to stand before you and indicate that the notes of a lead investigator is not anything but integrally important," Defence Counsel Lisa LaBossiere told the court Tuesday.

LaBossiere said after receiving about 13 emails including disclosure Tuesday afternoon and evening, it does not look like the notes will be found.

"They're gone, and it does not appear that they will ever be recovered, based on at least the first questions that we asked and the first set of answers that we received."

She asked the court for an adjournment for the rest of the week.

"There is no question the defence requires further time," she said. "We not only need time to review what was sent, we need time to formulate what it is that the defence is going to do from here on out."

Crown attorney Paul Girdlestone said the Crown has been communicating with the Sainte-Anne Police to get the answers to a detailed list of requested disclosure from Bissonnette's defence team.

He said the Crown provided that info to the defence team Wednesday morning, and said it is time to move the trial forward.

"The Crown is ready to call witnesses," he said.

Justice Anne Turner adjourned the trial to Friday afternoon.

The charges against Bissonnette have not been proven in court, and he is considered innocent until proven guilty.