Richard Quinney was director of public prosecutions throughout most of this process.
Quinney died during the spring of 2003. His testimony was recorded in the discovery process for the civil trial. We are also told that Ellen Gunn, now a judge, was the director of public prosecutions during the time the Klassens and Kvellos were charged and then had the charges stayed.
If you are not familiar with this story, a good starting point would be Scandal of the Century where you will find the original news reports and the beginnings of this case. The actions of Quinney in instructing his prosecutors to proceed with this case and try and get convictions despite evidence to the contrary are confirmed in an interview with Matt Miazga in Dan Zakreski's 1999 piece, Lies and Shattered Lives
Richard Quinney, as the director of prosecutions, would seem also to be the director of this cover-up. He had access to all the information. He knew the foster parents were innocent. He knew that the deaf birth parents could be easily tricked by unsympathetic sign-translators and over-worked legal aid lawyers! He got his convictions in 1992. But those convictions were overturned by the Supreme Court of Canada in 1995!
Richard Quinney proceeded with defamatory libel charges against John and Johanna Lucas even though he knew that the statements they made against Sgt. Dueck were true.
In a February, 1998 StarPhoenix interview Quinney was asked about the various malicious prosecution lawsuits against his office to which he replied with the words quoted under his picture on the right:
Those who are suing might want not only to get to the position they were in prior to the charges being laid but to be at the place they would be if the charges had never been laid!
Now Richard Quinney has managed to carry his deceptions all the way to the Supreme Court of Canada. In their effort to get the public's attention, John and Johanna Lucas put their complaints about Dueck in stark language which many people thought was offensive and others thought were unwise. That is all they were ever guilty of and that is not a crime. However, in Saskatchewan these two people have done time for exercising their right to free speech. Richard Quinney is responsible for this shameful blot on our province.
In Saskatchewan, people have gone to jail for saying true words!
Two of the original 12 plaintiffs in the $10M lawsuit have died since it was launched.
Full text of Supreme Court Decision on R. v Lucas
Star Phoenix feature article by Dan Zakreski, June 19, 1999
Globe and Mail feature (1995)
There is evidence that Matt Miazga wanted to drop the charges against the foster parents in this case right after the preliminary hearing. As reported by the StarPhoenix, he met with Quinney and other top officials in Regina and returned to Saskatoon to push for a conviction on Peter Klassen, the most vulnerable of those charged who had a prior conviction for child molestation. Under pressure from other members of his family Peter agreed to plead guilty in exchange for a two year sentence. His understanding was that the charges against the rest of his family would be dropped. Instead, Peter received a four year sentence which he fully served between 1993 and 1997. His family members' names were not cleared. Rather they were smeared with Miazga's announcement that the trials would stop because the children were too traumatized to continue testifying. The clear implication was that the Crown was having to release dangerous sex offenders into the community because the Crown could not meet its burden of proof against them.
Code of Professional Conduct, Adopted by The Law Society of Saskatchewan
effective on October 1, 1991
10. When defending an accused person, the lawyer's duty is to protect the client as far as possible from being convicted except by a court of competent jurisdiction and upon legal evidence sufficient to support a conviction for the offence charged. Accordingly, and notwithstanding the lawyer's private opinion as to credibility or merits, the lawyer may properly rely upon all available evidence or defences including so-called technicalities not known to be false or fraudulent. Quinney's remarks are cynical when one looks closely at how he has violated the code of his own profession.
CHAPTER IX, The Lawyer as Advocate
Duties of Prosecutor
9. When engaged as a prosecutor, the lawyer's prime duty is not to seek a conviction, butto present before the trial court all available credible evidence relevant to the alleged crime in order that justice may be done through a fair trial upon the merits. The prosecutor exercises a public function involving much discretion and power and must act fairly and dispassionately. The prosecutor should not do anything that might prevent the accused from being represented by counsel or communicating with counsel and, to the extent required by law and accepted practice, should make timely disclosure to the accused or defence counsel (or to the court if the accused is not represented) of all relevant facts and known witnesses, whether tending to show guilt or innocence, or that would affect the punishmentof the accused. Throughout Martensville, the Foster Parent cases, and in many other instances, the Crown, under Richard Quinney's direction has used bias and trickery to gain convictions. In the Lucas matter, Quinney and everyone working under him knew the Lucases' so called "defamatory" remarks against Dueck were essentially true and were made in an effort to bring to public account an errant police officer. Quinney knew then and he must certainly know now (since the convictions against the birth parents were overturned by the Supreme Court) that the children's testimony was preposterous and that Julie was being further victimized while Dueck and Bunko-Ruys were conducting their interrogations in the "soft room." Yet Quinney assigned his top prosecutors to use technical tricks that are available to defense lawyers but not to prosecutors in order to bait, foil and ultimately convict and jail the Lucases. At the end of the Lucases's trial, in 1995, when Judge Hrabinsky sentenced John to two years and Johanna to eighteen months, he dribbled on at great length about Sgt. Brian Dueck's honour and how the besmirchment of such honour was a terrible crime.The Supreme Court picked this up and went even further in blurring the line between speech and action, going so far as to protect Dueck's name, even though it had already been published in the Globe and Mail and other respectable media. This portrayal of Dueck as the suffering victim of unfair words was Richard Quinney's dishonest artfulness, employed to create a new lie in his cover-up.
Shame on Saskatchewan Justice! As long as it continues to cover-up the rape and torture of Kathleen Ross by her brother, Michael Ross and fails to prosecute those responsible, it has no moral right to prosecute anybody for anything. In fact, many of them should be in jail themselves!
The minute social worker Carol Bunko Ruys informed Corporal Brian Dueck this was happening, he had an obligation to protect Kathy. Instead he brushed the concern aside because he felt it was more important to keep the children together so he could coerce them into naming more adults so he could get in on the trend of prosecuting innocent people on the uncorroborated testimony of children. Because the children were kept together and Michael was encouraged to make up his stories, his sisters, Michelle and Kathy were subjected to hundreds of rapes which could have been prevented.
This case took place during a time when Saskatchewan was actively prosecuting citizens based on the uncorroborated testimony of children. Many unjustly charged and prosecuted people have claims working their way through the Courts to clear their names. There is no question that Dueck aided and abetted. The Saskatoon Police Department also aided and abetted. And it tried to cover its complicity by promoting Dueck to Sergeant and moving him over to narcotics where he jumped on the Ritalin bandwagon. Brian Dueck does not give a damn about street kids buying and selling ritalin any more than he gave a damn about Kathy.
When the Klassens and Kvellos got a good look at the Crown's disclosure against them after the charges against them were stayed, they discovered the lengths to which Dueck had gone in his relentless, ruthless and illegal investigation.
Letters were written to every possible official department asking for an official explanation. None was forthcoming. More letters were written and the media also became involved in calling for a public inquiry. Thousands of faxes were sent. The evidence was hand-delivered to the police department.
John and Johanna Lucas then took to the streets. They were charged with defamation against Dueck. Their signs said:
A year later, Richard Klassen, Rob Klassen and Sheila Steele were arrested: Rick and Rob carried signs saying:
Sheila Steele's sign said "
Although the message is stated different ways, all the signs were created to pressure the government and police to address Dueck's manufactured case. The signs were all carried in a spirit of free speech. See: Defamation