Lawyer sheds light on developments in Dawn Walker court case

A Saskatoon woman accused of abducting her son after faking their deaths has pleaded not guilty and intends to take the charges against her to trial.

On Tuesday, Dawn Walker appeared by phone in a provincial courtroom in Saskatoon to elect for her trial to take place in front of a judge alone rather than a judge and jury. The author is facing several criminal charges after allegedly abducting her young son and illegally crossing into the United States with him during the summer after faking their deaths.

Hilary Peterson, a lawyer and lecturer at the University of Saskatchewan’s College of Law, said Walker had three types of trial to choose from: A trial by a judge alone at provincial court, or a trial by either a judge alone or a judge and jury at the Court of King’s Bench.

Dawn Walker. (Saskatoon Police Service/Submitted)

Everyone is presumed innocent unless their guilt can be determined by a court, Peterson said, noting that while trials aren’t rare, they aren’t entirely common, either.

By electing for her trial to take place in provincial court in front of only a judge, Walker also waived her right to a preliminary hearing. Peterson said that would have been considered by Walker and her lawyers.

The purpose of a preliminary hearing, Peterson explained, is for the court to determine whether or not there is enough evidence to send the case to trial.

By waiving that hearing, Peterson said Walker will not be able to hear details of the Crown’s case against her until her trial begins. However, she noted the decision also prevents the Crown from being able to hone its case during the preliminary hearing process.

Not holding a preliminary hearing also prevents the creation of a transcript that could later be introduced at trial as evidence, Peterson explained. Should there be any contradictions between the testimony given at the preliminary hearing and the trial, the transcript could be used to point out any differences.

If there are delays in bringing the case to trial, the choice of provincial court could be advantageous for Walker, Peterson explained. In provincial courts, trials are expected to begin within 18 months of the charges being filed, while the limit in King’s Bench courts is 30 months.

“They know that Ms. Walker’s right to a timely trial is an issue, and if this is something that they’re concerned about they’re welcome to elect by provincial court and the charges could potentially be withdrawn,” Peterson explained.

The decision to choose a trial by a judge alone rather than a judge and jury would have required asking whether or not Walker’s case is a compassionate one that garnered the sympathy of the public, Peterson explained.

Given the significant public interest in the pair’s disappearance back in July, and the substantial amount of public resources that were invested into the search for Walker and her son, Peterson said it is possible that Walker’s team did not feel a jury would be their best option for a verdict in her favour, despite the steadfast support Walker has received from many people in the community.

“There’s really no way of knowing for certain,” Peterson said.

Other factors can play a role in jury trials as well, Peterson added.

“Ms. Walker is an Indigenous woman, and she would need to be asking herself whether racism, whether prejudice, will play a role in the public’s perception of her,” she said.

At the trial, Peterson said Walker may choose to focus her defence on the fear of imminent danger.

“You can provide a defence that you are committing these offences because you were in imminent danger and you had to do this in order to be safe,” Peterson said. “That will have to be proven by the defence.”