Judge Peter Dielschneider presided over Regina v. Morgan in Family Court in January, 1992.
Evelyn Morgan was represented by Mary Ellen Wright. Mrs. Morgan's granddaughter had been removed from her custody and placed in foster care because of suspected child abuse and satanic cult activity.
The Crown's case relied on the child's remark that her grandmother had taken her to a church where they drank blood.
When it became clear to Judge Dielschneider that this was the child's fanciful interpretation of Holy Communion, he quickly ruled in favour of Mrs. Morgan.
The child had been in foster care for over a year.
When Ms. Wright asked for partial costs on behalf of her client, Judge Dielschneider said he would not consider partial costs but insisted the Crown pay the full costs of her action and that it pay for any counselling which the child might require for the rest of her life.
The Department of Justice paid Mrs. Morgan just under $20,000.
Mrs. Morgan was satisfied that justice had been served, went on with her life and did not claim further damages.
There is a footnote to this case which we think should be brought to the attention of the Court, as an example of clear and persistent malice on the part of the Crown, and as an example of what injusticebusters believe the Courts would stop if they knew it went on.
Shortly after Mrs. Morgan was given back custody of her granddaughter and was awarded costs, the Martensville arrests were made.
The prosecution had in its possession a snapshot album of Mrs. Morgan's granddaughter with her friends, labelled with names as such albums are.
The prosecution was suspicious because one of the girls' friends shared a name and was related to one of the police officers who was arrested in Martensville.
Despite clear instructions from Judge Dielschneider to clear Mrs. Morgan of any wrongdoing and to pay her costs immediately, they held back doing so for a solid year while they continued to try to make the Satanic Cult link to Martensville.
In playground bully situations, often the victim is grateful when the main bullying stops, but is reluctant to complain about ongoing minor bullying for fear the big stuff will start all over. So it was for Mrs. Morgan who was so grateful to receive her granddaughter back that she did not make any further complaints.