Crown can’t access previously-recorded Magnotta interview, judge rules

Academics are welcoming a court ruling barring police and prosecutors from viewing a video interview of accused murderer Luka Rocco Magnotta shot for a research project years before he allegedly killed and dismembered a Chinese student.

In what may be an important precedent, a Quebec Superior Court judge said academic researchers have a qualified privilege similar to that of journalists who dig up information in the public interest that might not otherwise see the light of day, the Globe and Mail reports.

“This information is essential to understand and improve the social condition of vulnerable and marginalized communities,” Justice Sophie Bourque wrote in her decision.

Magnotta, a stripper and porn actor, was charged with first-degree murder in 2012 in the shocking death of Jun Lin, an engineering student at Montreal's Concordia University.

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Lin disappeared in May 2012. Later, parts of his body were mailed to the offices of politicians in Ottawa and to schools in Vancouver. Lin's torso was discovered in a Montreal alley and his head turned up in a city park.

A video also surfaced showing a naked man tied to a bed being slowly killed and dismembered by a hooded figure who police allege is Magnotta.

Magnotta, who was arrested in Germany after an international manhunt, has pleaded not guilty to murder and other charges. His trial is scheduled to begin in mid-September.

In 2007, Magnotta took part in a research project on the sociology of sex work run by University of Ottawa criminologists Christine Bruckert and Colette Parent.

The interview with Magnotta, who used the pseudonym "Jimmy" in his participation, was done on the promise it would be kept confidential.

The interview was conducted by an undergraduate student who tipped Montreal police after seeing media reports about the case that included photos of Magnotta, the Globe said. Investigators seized the material after obtaining a warrant.

Prosecutors wanted access to the recording in case Magnotta's not-guilty defence was that he was not criminally responsible because of a mental disorder.

But after reviewing transcripts of the interview, Bourque determined the material's minimal usefulness at trial was outweighed by the damage done to the integrity of academic research if it was entered as evidence.

The Canadian Association of University Teachers funded the Ottawa professors' challenge last year of the police seizure of the recording.

Executive director James Turk said it would become next to impossible for researchers to conduct interviews if they couldn't guarantee confidentiality for their subjects, the University of Ottawa's Fulcrum reported last March.

“We stepped in because it’s vital that their ability to do research is protected,” said Turk. “We brought the case to the attention of the university. But it’s really disturbing that it refuses to support its professors.”

[ Related: Edmonton gore website owner charged for hosting video in Luka Magnotta case ]

Turk welcomed the ruling in a statement on Wednesday.

“This decision is the first court recognition of researcher-participant privilege,” said Turk. “Courts have recognized the social importance of journalists being able to protect confidential sources, and this decision extends a similar recognition to academic researchers.”

Turk said the Bourque noted the research project "contributes not only to the academic community's understanding of the sale and purchase of sexual services, but also to the broader public policy and society-wide discussions on this important, and controversial, aspect of Canadian life.”

As with the confidentiality privilege accorded journalists, Turk said the judge made it clear researcher-participant privilege is not absolute. Each case would be decided on the balance between the public interest in protecting the research and other interests such as facilitating a criminal investigation.

“The impact of this decision is that researchers can now have confidence that courts will recognize and will treat seriously promises of confidentiality vital to the conduct of their research,” said Turk.

The Montreal Gazette said the Crown has 30 days to decide whether to appeal. A spokesperson for the prosecutors' office said lawyers will study the decision to determine if any points of law in Bourque's ruling can be challenged.