Michael Joel-Hanson
Saskatoon StarPhoenix
A King’s Bench judge reserved her decision after hearing arguments from two media outlets challenging a sweeping publication ban in the case of two women who pleaded guilty to manslaughter in a high-profile Saskatoon homicide.
Cheyann Crystal Peeteetuce, 31, and Summer-Sky Jodylynn Henry, 26, were charged with first-degree murder in the death of Megan Gallagher.
They were set to stand trial, but instead agreed to plead guilty to the reduced charge and are scheduled for sentencing on Feb. 6.
The interim publication ban, imposed on Jan. 6, was requested by the Crown to protect the integrity of the upcoming jury trial of Roderick William Sutherland, who is also accused of first-degree murder in Gallagher’s death.
Candice Grant, a lawyer representing the Saskatoon StarPhoenix and Canadian Broadcasting Corporation, asked Justice Mona Dovell to set the ban aside, arguing it does not meet the appropriate standards under the law.
“There is a high threshold,” she said.
The court could impose a narrower ban and safeguard the upcoming trial’s integrity by questioning potential jurors, Grant said, adding that the presiding judge could also provide instruction to the jury to combat potential issues.
Grant’s written submission to the court highlighted relevant cases from across Canada, primarily in Ontario. Dovell asked if Grant could provide relevant case law from Saskatchewan or the prairies.
“There’s just not a lot out there,” Grant said.
Crown prosecutor Bill Burge argued that the Crown’s objective is to be able to present evidence to a fair and impartial jury, and that a publication ban would protect the potential jury pool.
Such bans are not out of the ordinary, Burge said, noting and that a similar one was also ordered in the case of Robert James Joseph Thomas, who pleaded guilty to second-degree murder in connection with Gallagher’s death.
“Publication bans are part of the DNA of the criminal justice system,” he said.
Burge acknowledged the Gallagher case is different from many others due to the large number of people charged and the number of separate trials.
“We’re usually dealing with one person,” he said.
Dovall said she may issue a decision on Friday or Monday.
The circumstances of Gallagher’s death have not yet been made public due to court-imposed publication bans.
The 30-year-old mother went missing from Saskatoon on Sept. 20, 2020, prompting a desperate search by her loved ones. Her remains were not found until more than two years later, along the banks of the South Saskatchewan River near St. Louis on Sept. 29, 2022.
“The circumstances of the offence are particularly shocking, would remain in the mind of prospective jurors long after their publication, and have the potential to create bias in prospective jurors,” the Crown’s latest publication ban application stated.
