Prince George, B.C. – The American television network NBC, will have to wait a while yet before finding out if it will be granted access to video evidence presented at the trial of Denis Ratte in Prince George.

 

In  late 2010, Ratte was found guilty of the second degree murder of his wife, Wendy Ratte and given a life sentence with no chance of parole for 15 years. He is waiting to hear if the Supreme Court of Canada will grant leave to appeal that conviction.

 

Wendy Ratte disappeared in the summer of 1997. Her abandoned van was found in the parking lot of the former Overwaitea store on Spruce Street in Prince George. Her remains have not been found.

 

The program “NBC Dateline” would like to have the video and audio  evidence and the trial transcripts in order to produce a program about the case. 

 

Much of the video evidence and trial transcripts, are the subject of a publication ban in order to  protect the identity of under cover police officers who were involved in the investigation and eventual arrest of Denis Ratte, eleven years after Wendy Ratte disappeared. 

 

While the B.C. Supreme Court had previously granted the CBC access to the video and audio evidence,  there were some very strict conditions attached to the release of the material. The material was used in an episode of the Fifth Estate, which  aired March 1^st.

 

NBC is making a similar request but would also like access to a copy of the video of the police interview with Denis Ratte after he was arrested and the transcripts of the trial. The lawyer acting on the network’s behalf says NBC would abide by the same restrictions placed on the CBC and has reached an agreement with the legal counsel acting for the RCMP that the identities of the officers would be protected. But the Judge hearing the application has a serious concern. 

 

The primary concern is about enforcement. Because this request comes from a foreign based medium, (although they are said to have an office in Toronto) Justice Glen Parrett has expressed a concern that if the conditions are not met, there is no recourse. NBC is not bound by the CRTC, which regulates broadcasters in Canada, and the court would have no jurisdiction should any conditions or agreement be breached in the United States where the Dateline program is produced.  Justice Parrett says a breach of the conditions (which are aimed to protect the officers) would have a direct impact in this jurisdiction because the program is broadcast to Canadians.

 

Crown Counsel raised concerns that material provided to NBC could be edited in such a way that it could change the context of the material, and once again, the Court would have no jurisdiction.

 

While Denis Ratte did not have counsel appearing for him   when this application was heard, he did oppose the application when the CBC requested the same materials over concern such a program could be prejudicial should the Supreme Court of Canada grant leave to appeal his case. 

 

The matter has been adjourned. There has been no date set for  a resumption of the application.