Interview of the Grandmother with Lawyer Grant Brown (April 6, 2005)
[After four years, the Post's lawyers had given us only
interview-transcripts with much material blacked out to hide identities--even
though they knew we knew who the interviewees were--leaving us in the dark
about key things that were said. Their correspondence even left it open that we
still might have to fight them at trial to get the material de-censored. So my
lawyer sought interviews with the anonymously quoted sisters, seeking their own
permission to de-censor it. To do so, he had to show them the censored
transcripts to identify their words, although it might influence their memories. The present document is a
transcript made from my then-lawyer's tape-recorded interview with the grandmother;
copies of the tape and transcript for both his interviews were given to counsel
for The Post. The other two informants
resisted our efforts to contact them. But a year later, the opposing lawyers
finally turned over the de- censored transcripts for all of the reporter's
interviews. (For reasons elsewhere noted, key names are deleted here.).]
I Interviewer (Grant Brown)
S Subject [name omitted here]
[Note: the sisters' words to my lawyer were said under oath, unlike
those said earlier to the reporter. Transcription from the audiotape was made
by Accurate Data Services; I subsequently made some minor corrections by
ear--FC]
I Okay,
I guess maybe the first thing we should do is to get you to identify yourself
for the record.
S Okay, I'm [name omitted] from Edmonton, Alberta.
I Okay, and you've
had a chance to review the transcript that I provided a copy of you with and -
-
S Yes, yes I have.
I And the transcript, just to be clear, is numbered
U00362--
S That’s right.
I --through to U00373?
S That’s right.
I That’s correct, okay.
Can you positively identify yourself as the person who is being
interviewed by the reporter, Donna Laframboise, in that interview?
S On the basis of this
transcript? Yes, I think I can. I am not going say positive because I can’t
remember anything any more. But I am going by one little paragraph in here and
I would think that yes, that was me.
I Now, did you have more than one
conversation with Donna Laframboise?
S No, I did not.
I Just one?
S Just one.
I And as far as you know, as far as
you can remember, that transcript there is a complete version of the
conversation.
S Yes, yes, mm-hm, yeah.
I And she didn’t try to contact you
subsequently or leave a phone message, or you left her a phone message or
anything like that?
S No, no. Not to my knowledge, no.
I Did you realize that Donna
Laframboise was recording this conversation when you were talking to her?
S No, I didn’t, I didn’t know - - I
did not realize she was recording. If
she did mention it, I guess I didn’t pay enough attention to it. But, I cannot remember whether she did or
didn’t.
I Okay. Were you aware at the time that this
interview took place that Donna had also interviewed your sister, [the
aunt]? Do you remember whether you had
any idea whether your sister had also been interviewed by Donna at that time?
S At that time, no I did not. [The phone log shows that her sister's interview was after hers.]
I You weren’t aware?
S I was not aware.
I Okay, and so obviously since you
weren’t aware, you couldn’t have been sort of like comparing this –
S Collaborating, no, no.
I Okay. I don’t want to make it sound sinister,
collaborating.
S Yeah, yeah.
I No, just because, you know one of
the ideas is to make sure that each person’s testimony is independent and they
haven’t - -
S Mm-hm.
I - - they haven’t discussed it and
come to a common understanding in advance of being interviewed because then it
is not really independent evidence, so part--
S Right, no.
I - -part of the idea is to make sure that – okay. Okay, now I want to ask a couple of questions
about what you know about the contents of Dr. Christensen’s book that is
discussed in your interview. You hadn’t
- - had you read the book yourself?
S No, I never even saw the book.
I Okay.
S I never read any part of it and I
basically went on hearsay and I guess a person shouldn’t do that, but I did.
I Okay, and - -
S This is what I –
I - - who did you get that
information from, do you remember?
S Basically, Louise.
I Okay, anyone else that may have
said something about it or anyone else you knew of who knew about the book?
S I think when I kind of came out
into the open that this book was written, I guess prior to Louise even finding
out, it was known by some of the group, but we weren’t going that regularly, so
we weren’t aware of it.
[It was never brought up in the group--it was Louise Malenfant
herself who contacted people about it.]
I Okay.
S And
then all of a sudden, Louise got information about it and she - - I don’t
know what - - most of the information I got was from Louise.
I Okay. And can you describe roughly what information
that was that you received from Louise?
What did she tell you about the book?
S Well,
she seemed to dwell on the fact that in this book, he - - it was more or less
acceptable to him for young children to be exposed to sex, to possibly even
doing the sex act. And when I heard
that, I thought, this is not really what our group is about, because a lot of
our fathers have been charged with sexual abuse of children.
I Right.
S And,
so as a result, it was a very mixed-up state at that time, but I do not agree
with that type of thing and whether that was in the book or not, I don’t
know. Therefore I say [unintelligible]
I Well,
I guess maybe I'll be a little bit more specific. Was one of the things that Louise told you
about the contents of the book that Dr. Christensen condones sexual
relationships between adults and children?
S I
believe she did mention that, yes.
I Okay,
as opposed to children playing doctor and nurse and that kind of thing among
themselves?
S See
now there, I am not sure any more, but it was involving children and the sex
act. Now whether it was adults or
children, or children-children, that I can’t remember anymore just how she put
it. [This interview of
the grandmother by my lawyer (also that of her sister by him, next) occurred
four years after the events in question. By that point, it is clear here,
discovering in any detail what they had been told about various things was not
possible.]
I Okay,
could have been both?
S Could
have been both, Mm-hm. [To the reporter
originally, the grandmother merely said my book endorses child-child sex.
Whatever she was told, we've just seen that her reaction back then was very
emotional.] [Next]
I You haven’t read his book since
the article was published?
S And I am not going to.
I Okay. Are you aware that Donna Laframboise has
published a book on, well, generally on the topic of sexual equality?
S No, I am not.
I You are not aware that she has
published a book named, “Princess at the Window?”
S No.
I You are not aware of any of the
contents of that book?
S Not at all.
I So you wouldn’t know about the reporter’s
own views about sexuality in someone?
S Not at all.
I Okay. Now I want to ask some questions about Louise
Malenfant, who was part of the ECMAS group at one point, and what’s your
understanding of how it was that she came to Edmonton. Do you have any awareness of, you know, how
she came to Edmonton and became a part of the group in the beginning?
S Well, the first thing that we
heard, it was actually from Ferrel, and that he was bringing this woman up from
Winnipeg, and she was very, very good as far as - - I guess, with the groups, a group of this
nature and so as a result when she came, there was some function way, way out
in the west end somewhere, where we met her for the first time and Ferrel said.
“You know, you make sure you talk about your situation, your case and I’m sure
that she will give you advice or help you.”
And that’s basically how I met her - -
[This is a complete mis-memory, one no doubt
infected by Ms. Malenfant's own
desire to get involved in their court case. My purpose in bringing her to
Edmonton was to research and write up their claims of injustice involving Child
Welfare and related matters--FC]
I Okay.
S - - at that function, way out in
the west end somewhere and I can’t even remember the person’s name, whose place
it was at.
I Sure, okay. This would have been an ECMAS function?
S Yes. [Like
her sister, she has evidently misremembered the MERGE 2001 annual picnic and
AGM as an ECMAS event. A short time later, I held a meeting for the MERGE Child
Welfare Committee (at the Mill Woods home of its chairwoman), discussing my
plans for her with members of that committee, including the two sisters.]
I Now, I just want to be
clear. Was the purpose of Louise being
there, as far as you know, or as far as you can remember, maybe you can’t
remember the details, was her purpose in being there to give assistance and
advice and aid through the legal process or was her purpose to get your story,
write it up, so that it could be used for the purposes of convincing Child Welfare
Authorities or the Justice Minister, or whatever, of the need for some kind of
systemic - -
S You mean at that particular
function?
I Well or –
S Or even –
I The reason she was brought to
Edmonton in the first place?
S I think the reason she was brought
to Edmonton is because, like no, at least I shouldn’t say nobody, but we
certainly were not aware of this woman and Ferrel was very excited –
I Mm-hm.
S - - about bringing her up here
because he was, and apparently, she was supposed to have done such great things
in Winnipeg and I think it was more or less for her to help individuals and I
think Ferrel’s intentions were that she maybe write letters for them, or she,
you know, maybe give it advice, not advice particularly, but tell who to get in
contact with maybe. [She had clearly forgotten the reason I brought Ms. Malenfant
here...] Because to my understanding she’s supposed to have had a great
relationship with the Social Services Department or Children’s Services in
Winnipeg - - [...recalling
only things like this that Ms. Malenfant had said.]
I Mm-hm.
S - - and I think this is what
Ferrel felt that she might do here, but it didn’t get that far.
I Okay. Do you have any knowledge of any working
relationship between Dr. Christensen and [Tim] Adams? Do you know if they had any kind of working
relationship, I mean other than being members of the same volunteer
organization?
S No, I don’t.
I Okay, and you are not aware of
Dr. Christensen’s either paying [Tim] Adams or [Tim] Adams paying Dr. Christensen
for any kind of work or assistance or anything along those lines?
S None at all.
I Okay, so you mentioned in your
interview with the reporter that Ferrel would sometimes urge people in the
group and –
S I
think Ferrel was trying very hard to be of assistance and because [Tim] Adams is a lawyer, was a lawyer, I’m sure he
still is a lawyer, doesn’t matter, we can’t take that away from him, that he
felt that he could certainly give you some advice, which was all very good. And I know I asked [Tim] Adams a
couple of questions and got his advice on, you know, should we do this or
should we do that type of thing. [Go down a
page] -----> But as far as using him on a regular basis and after finding out how
much he charged, my son and I were so far in the hole already that we just
couldn’t see paying him $90 an hour, paying another lawyer whatever the rate
was at that time, $175 to $215 an hour to represent us in the courts.
I Right, okay now, maybe we will
just back up a bit. Your understanding
was that [Tim] Adams could not represent you in court. Is that correct?
S He told me when I spoke to him.
I So it wasn’t disguised from you
that he was disbarred as a lawyer?
S No, he was very upfront and –
I He was upfront about that?
S - - yes, he was.
I Okay, and I guess in the ECMAS
groups as a whole, Dr. Christensen or other members of the group would, I take
it, present the possibility of three options, one being to be represented by a
lawyer, one being to represent yourself to go to court and speak, you know, on
your own behalf, to save the costs of the lawyer and the third one being a kind
of a compromise where you would get legal advice from a paralegal or someone
who isn’t a lawyer, and therefore isn’t able to represent you, but to prepare
documents and that kind of thing, and then go and represent yourself. Now those, in general, those three options
were –
S Yes, yes, I am sure it was all in
very good intentions of Dr. Christensen, but we were so far into it already and
whatnot, we, maybe –
I And I guess my next question then
is partly based on an answer that [the aunt] gave earlier, but it was clear to
you very early on that you couldn’t take either of the two options of either
[her son], your son [son] representing himself?
You were there in relation to the problem that your son, [the son] was
having?
S No, my [son], or my son [son], he
wouldn’t, he’s not forceful enough as far as speaking out in a place like a
courtroom. No, he would never be able to
represent himself, you might think.
I Correct. So for two reasons, it was really a
non-starter to have [Tim] Adams assist you in any kind of professional way. One reason is that because of the expense and
the other reason is because even with his assistance, your son [son] wouldn’t
be capable of representing himself.
S That’s right, and at the time, at
the beginning, when Ferrel suggested [Tim] Adams, I was not aware that he
charged that amount of money. And had it
been a much lesser amount, we may have used him. But, we just couldn’t afford it.
I Right, okay.
S That’s what it boils down to.
---->
I Okay,
well I mean, one of the reasons I am asking is because in your interview, I
just wanted to draw your attention to a couple of passages. You indicate that Ferrel would be, you said
constantly kept calling, “why don’t you quit your lawyer go to [Tim] Adams” and
words to that effect. And you indicate
that he had insisted on you doing that maybe five, six, eight times, something
along those lines.
S Yes,
yes, he very much wanted us to go with [Tim] Adams and I know this probably all
in very good intentions of his, but like I said, we just couldn’t afford both. [Unfortunately,
my lawyer did not persist in this line of questioning to get an explicit answer
about whether she really did recall how many times I spoke to her about hiring
Mr. Adams, as opposed to getting free information from him. She rushes past
that question to assure him that my intentions were good (so different from the
way she had talked to the reporter) instead of discussing that matter. But her
general poor memory at this late date would have made it hard to rely on such
details, either way--FC] [Back]
I But what I’m trying to get at
though is, if it was clear that, that wouldn’t work in your particular
situation and of course, that would be true of probably most of the people in
ECMAS that--well maybe I should ask you, in your knowledge was [Tim] Adams
working for most of the people in the group, or just a few of them or do you
know?
S Why I think anyone that asks
about, or talked to him about their situations and whatnot, he was very willing
to give advice and to talk to them –
I Sure, within the context of the
volunteer organization.
S Yeah.
I But what I am saying is, among
the people who came for assistance in the volunteer organization, are you aware
of how many of those would also hire him on the side as a –
S No, no. I have no idea.
I Okay.
S No idea whatsoever.
I Okay. Now, you said that Louise Malenfant was there
to assist individuals. And were you, or your son [son], one of the individuals
that she assisted?
S Yeah, she typed a lot of letters
and things for us and whatnot, yes.
I And how would you say that
assistance went? Was it successful or
not successful or, I would like rather you put it in your own words, if you
can?
S It wasn’t as successful as we
would have liked to think it might have been, having heard her expertise or
heard what she was able to do. And I think it became obvious to us, maybe a
little too late, that she loved to work with people, the guys, that had false
accusations thrown at them.
Particularly, a father sexually abusing their child. She loved to work on cases like that.
I Okay –
S And we, at that time, we didn’t
need that particular help. But she did type a lot of letters for us and –
I And
was this voluntary assistance, or did you pay her?
S Paid
her very well. Paid her rent many times, bought
her food many times. She got paid very
well.
I Were
there cash - -
S Not
necessarily that she charged, but in other ways like buying cigarettes, or I
need groceries, or paid her rent - - [My information from others is that
she didn't charge specific fees, but let it be known through making repeated
requests when she felt she not had been paid enough for her services--FC]
I Okay. Do you remember roughly what the rent
was? Ballpark figure.
S It
was almost $500 a month. I don’t think
it was quite $500, but I am not positive. [Back]
I Now again, I am going on some
information that [the aunt] seemed to recall last time, when I interviewed
her. She indicated or seemed to indicate
that there was a Justice Sterling Sanderman involved in your son’s file at one
point, is that correct?
S Mm-hm.
I Just want to get clear on the
details. The justice had seized himself
of the file, had he? He had become case
manager of the file? Is that your
understanding?
S Only because it was handled very
sloppily.
I Okay.
S Yeah, but he was excellent.
I Okay, and according to [the
aunt], at some point, he stopped being case manager of the file.
S That's right.
I Can you explain in your own words
why that happened? Do you know?
S Do you know, I can’t remember any
more. [Inaudible]
I No, it’s okay, I don’t want there
to be sort of collaboration between us – if you can’t remember, that's a
perfectly fine answer.
S I really can’t remember. I can’t remember. [Inaudible]
I Okay, again [the aunt] had
indicated that you had a series of lawyers.
[son] had had a series of lawyers dealing with his case. And around the time, that the article was –
you know, it was around the time that Louise was helping you, she was also
trying to help one of his lawyers. Maybe
I will back up one step. Now Louise was
not a member of the Alberta Bar, either, as far as you know, is that
correct?
S Yeah, she was not.
I And so she couldn’t represent
you, or represent [son] in court, I guess I should say.
S Mm-hm.
I And so [son] did have a lawyer in
addition to Louise at this time?
S Oh definitely. Mm-hm. Mm-hm.
I And [the aunt] seemed to remember that at least one of
your lawyers had quit
because of some interference that Louise was giving. Is that your recollection?
S Well,
no, he didn’t quit, but he was very upset; because she tried to give him
advice, give the lawyer advice and he got very, very upset every time we’d go
and see him and whatnot. He almost
pulled his hair out because she was constantly ‘do this’, ‘do that’, ‘do this,’
you know. [Skip over
next highlighted material, to *** 2 pages below]
---------->
I Do you know remember the name of
that lawyer?
S Oh, what was his name? Starts with a “C”.
I That’s okay. It’s not, it’s not – -
S I’m not sure.
I - - really that important.
S But it will come to me,
maybe.
I When in the relation to the
publication of the article did Louise stop working for your son, helping
you? Do you know if it was after the
article was published. Shortly after, half
a year after?
S Actually, I think not that long
after it was published, she moved to B.C., if I remember correctly.
I But in any event, she wasn’t
helping you on the file anymore after the article was published?
S She may have still typed the odd
letter for us and whatnot, but I really can’t be sure. Because I really believe
that it wasn’t too long after that she moved to B.C. [It
was most of a year later before she left Edmonton.]
I Okay. And what was your involvement with ECMAS
around the time the
article was published?
[Here 'I' is the interviewer, lawyer Grant Brown, 'S' is the
subject, the grandmother.]
S I
think the only thing was that we’d tried to go to the odd meeting, but that was
about it. Very seldom, though.
I Okay,
now –
S Because
I just work around the clock, and I don’t have time for a lot of stuff.
I And
that was the same situation back in 2000?
S Oh,
definitely. [Back]
I Okay. I’ve asked some of these
later questions earlier so I am skipping over it. Now, I guess I want to also confirm whether
or not Dr. Christensen had ever discussed much the case with your son directly,
as opposed to going through you?
S Our case? Like him and his son?
I Yeah.
S And discussed it with my son?
I Yeah, with [son], yeah. But first of all, maybe I can ask it this
way. Did [son] attend many of the ECMAS
meetings?
S No, he didn’t.
I Very few of them?
S Very few. [In
fact, he never attended a meeting (perhaps a special event such as a public
demonstration) until the 2001 AGM.]
I So
basically, you are acting as the intermediary between your son and ECMAS as a
group, but Ferrel Christensen and [Tim] Adams in particular, to the extent that
you got some advice from [Tim]--you had indicated earlier that you had asked him
some questions and--it wasn’t [son] that was doing that directly?
S No.
I Okay, in the course of those
conversations you had with Ferrel Christensen, did he ever urge you to dump
your lawyer and hire [Tim] Adams. Was
that the nature of his um mm.
S Again, I’m sure he wanted to do
his level best for us and whatnot and maybe save us money down the road, but,
yes, he really felt that we should go with [Tim] Adams, but I think his
intention was, like I said, I really believe his intention was good, but I
don’t think he realized that my son could not represent himself in Court, and
felt that with the help of [Tim] Adams, it'd be a lot cheaper. But because of my son’s situation, not being
able to go to the courts, we had to have a lawyer.
I Did you ever explain that to Dr.
Christensen, that [son], because -- I guess the reason I'm asking is because
you indicated earlier that Ferrel probably wouldn’t have known [son] very well
at all, because he --
S Not that well, no.
I -- So he may not have understood
that [son] wasn’t able to represent himself.
S Mm-hm.
I Did you explain to Dr.
Christensen that it just wouldn’t work because [son] couldn’t represent himself
even with some assistance?
S I am not sure if I did or did not
mention that to him. If I didn’t it was
certainly an error on my part.
I We're not trying to find fault,
just trying to understand how –
S But I can’t be sure whether I
did. I cannot be sure.
***----->
I Uh,
now, when Louise Malenfant was assisting you, did she ever indicate to you that
you should get rid of your lawyer, fire your lawyer, or dump your lawyer and
get a new one, or let her handle it?
S Mm-hm,
mm-hm.
I She
did that.
S Mm-hm.
And that’s why we let one lawyer go and hired, what, because she wasn’t getting
along with that lawyer, so she says, “I’m really getting along with this one
now, you go to him.” So we took her
advice.
I So
you did in fact change lawyers on Louise Malenfant's advice and was that once,
or more than once?
S Just
once.
I Just
once?
S Mm-hm. [Back]
I And then, after that, she ceased
helping you. Did you end up sticking
with that lawyer for a while, or - -
S Yes, yes we did. And it looked like it - - yeah, it was not -
- oh, I know. I think the last time, we
were in the courts, it was to go to trial, and we were trying to fight that
situation because it was too costly.
But, things turned out better for us.
So –
I Things turned out better after
Louise stopped helping you, you mean?
S Oh, well no.
I Or just in general?
S It’s just that in general, things
worked out better between the mother of my grandson and my son, so we didn’t
have to go all that way. [Inaudible]
I I just want to ask a couple of
wrap-up questions. Have you ever been
contacted by anyone representing themselves as a lawyer for the other side in
this litigation, either the reporter Donna Laframboise or the National Post,
prior to today?
S The lawyers representing the
National Post?
I Well, obviously if, for example,
someone phoned you, you wouldn’t know who it was - -
S Right?
I - - But if they said to you, ‘I’m
so and so, representing the National Post’ –
S The National Post.
I - - or so-and-so representing
Donna Laframboise. Did anyone make a phone
call to you representing themselves to be a lawyer for either the reporter or
the newspaper?
S Yes.
I Roughly, when was that? Shortly after article was published or
recently?
S I can’t remember, but just
recently, actually they contacted us--or me.
I Did you get a name, who is the
“they?”
S What was his name now?
I It could be Fred Kozak?
S Yes.
I Recently, he contacted you?
S Yes.
I What was the purpose of the call?
S The purpose of the call, I guess,
was to indicate to us that the case was still ongoing and – I can’t remember
what his purpose really was.
I Okay, did he ask you whether you
still wanted the identities to be kept out of the - -
S Yes, he did.
I - - and how recently was
that? When you say recently, was it like
months, about a year ago, two years ago?
S No, that would have been about a
month ago.
I And did you answer his questions,
whether you wanted your identity –
S Yes.
I - - and what was your answer?
S I would prefer not to have it
exposed.
I Okay, but at this point, you are
not going to insist on that, is that correct?
S Why, actually I would like to have
it, I would still rather if it wasn’t, because of my grandson’s situation. Because things could flare up any time again
and we're right back to square one. But
if need be - -
I Okay, well did he indicate to you
whether or not you should talk to Dr. Christensen or anyone else involved in
litigation [inaudible] work done?
S No. No.
I Okay, I guess that’s all my
questions then. Thank you.
(END
OF INTERVIEW)