Canadian Lawyer

Andy Clark/Reuters David Pickton, seen working on his brother Robert's farm in 2010, is also named in the lawsuits. Joesbury. The three latest claims filed in court in August were from children of three of those six murdered women. Filing claims were Angel Wolfe, daughter of Wolfe; Brittney Frey, daughter of Frey; and Kristina Bateman, daughter of Papin. The other six claims, which were filed as early as May, were from children of missing women whose DNA or remains were linked to Pickton's farm but the Crown either stayed or did not lay charges against Pickton. Pickton was charged with 27 counts of murder, but one was dropped; the Crown then proceeded with six at trial and stayed the remaining 20. In total, the DNA of 33 missing women was found on the pig farm Pickton and his brother ran in Port Coquitlam. None of the allegations in the filed statement of claims have been proven. Gratl said David Pickton is being sued under B.C.'s Occupiers Liability Act, which sets out a duty of the landowners to warn individuals of and protect them from dangerous activities on the property. One of the children is also alleging David Pickton misled police regarding a 1997 altercation between his brother and a sex trade worker at the farm. Robert Pickton was charged with attempted murder, but days before the trial in 1998, a Crown prosecutor, who was concerned about the woman's drug use and ability to testify, dropped the charges. The DNA of three missing women was later found on clothing and items taken by the RCMP from Robert Pickton at the time. Vancouver city police and the RCMP are being sued for failing to warn sex trade workers and investigate the disappearance of the missing women and "extend the full protection of the law" to the Downtown Eastside women who would go missing, Gratl said. The Crown prosecutors are being sued for failing to carry through with charges against Pickton in 1998 and failing to provide an area restriction during the time he was on bail after his arrest in 1997, Gratl said. The B.C. government has filed a notice of application with the B.C. Supreme Court asking the Crown prosecutors be removed from the various suits as they are immune from negligence claims unless it can be shown they acted maliciously. "We initially thought that the government of B.C. would follow the recommendations of the Oppal Commission to compensate the children of the missing women, so we as counsel decided to lay low and wait for the government to do the right thing," said Gratl. "When it was not forthcoming and it was clear to us the province was not, under its own volition, going to offer compensation, we decided to go forward and assist the children." Robert Pickton is self-represented in the proceedings, Ian Donaldson is representing David Pickton, Leonard Doust and Lisa Martz represent the B.C. government, Jan Brongers of the Department of Justice represents the RCMP, while Bronson Troy will represent the City of Vancouver in the suits. — Jean Sorensen jean_sorensen@telus.net ntitled-1 1 Kyla A. Baxter, CSSC PRESIDENT, BAXTER STRUCTURES What do your clients need? The means to move on. Guaranteed . ™ Baxter Structures customizes personal injury settlements into tax-free annuities that can help your clients be secure for life. Need more information? Contact us at 1 800 387 1686 or baxterstructures.com www.CANADIAN L a w ye r m a g . c o m October 2013 13 13-09-16 2:53 PM

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