Prosecutors have been allowed to bring forward evidence they said shows a Calgary man had hostile feelings toward sex workers, which they say played a role in the murder of a woman in 2023.
That evidence shows some disturbing similarities between the murders of two Calgary street sex workers, Judy Maerz and Laura Furlan.
Christopher Ward Dunlop was charged in 2023 with first-degree murder in the death of 58-year-old Maerz.
Maerz’s body was discovered naked and burned in Deerfoot Athletic Park on Feb. 16, 2023.
Furlan’s body was found near Fish Creek Provincial Park on Sept. 7, 2009.
Dunlop was arrested in 2012 for his role in her death and was later convicted of manslaughter.
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In a court ruling on March 25, which was released on April 9, the Alberta Court of King’s Bench heard the two killings, though taking place 15 years apart, shared a number of similarities:
- Furlan and Maerz both worked in the street sex trade;
- Furlan and Maerz were both killed in Deerfoot Athletic Park;
- Both killings occurred in the early morning hours around 3 a.m.;
- Both killings occurred during sexual intercourse;
- Dunlop’s DNA was found at both scenes;
- Maerz’s body was burned and Dunlop admitted he intended to burn Furlan’s remains; and
- Dunlop used different, but similar orange pick-up trucks in both killings.
The main differences between the two killings, the Crown said, were that Furlan was strangled while Maerz was stabbed and Furlan’s body was dumped in Fish Creek Park.
Justice Colin C.J. Feasby wrote in his reasons that the Crown could adduce evidence that Maerz was a sex worker by trade and Dunlop killed another sex worker – Laura Furlan – at the same location where Maerz’s body was found.
In this latest decision, Feasby said the Crown’s theory on the Maerz killing is that Dunlop “had an animus toward street sex workers and set out that fateful night to find a street sex worker to kill.”
He said the Crown believed evidence that Maerz was a street sex worker who was approached by Dunlop on the Forest Lawn Stroll for sex is critical to the case.
“The fact that Ms. Maerz was a street sex worker has the potential to be highly probative of an essential element of the charge against Mr. Dunlop,” Feasby wrote.
“The Crown says that the fact that she was a street sex worker explains her movements and how she allegedly came to be with Mr. Dunlop in his car and went with him to a secluded location. The Crown submits this kind of activity is typical for street sex workers.”
He added that Maerz’s “seemingly consensual behaviour leading to sexual activity” was also relevant.
Feasby said Maerz was stabbed by her assailant 72 times during sexual intercourse, according to the Crown’s theory.
“If the Crown is correct, the question of consent to sexual activity is irrelevant on the facts because consent to sexual activity is vitiated at common law ‘where an intentional act of a sexual nature causes bodily harm’,” he wrote.
“Ms. Maerz had dignity because she was a person; she had no more and no less dignity because of her work. The legal process can best respect Ms. Maerz’s dignity in death not by excluding evidence of her sex work and obscuring part of who she was but by treating evidence of her life with respect.
“Dignity, in the circumstances of the present case, does not justify excluding evidence that Ms. Maerz participated in the street sex trade.”
Similar fact evidence
Feasby also allowed the Crown’s application to admit evidence from Dunlop’s previous conviction of manslaughter in Furlan’s death.
“I am satisfied that the killing of Ms. Furlan and the killing of Ms. Maerz are similar and that those similarities are unlikely to be the result of coincidence,” Feasby wrote.
“Further, I am persuaded that the links between Mr. Dunlop and each killing make the evidence probative.”
Feasby added the evidence from both killing supports the Crown’s theory that Dunlop was hostile toward sex workers.
“There are two potential sources of similar fact evidence of animus in the present case. The first is that the Crown may ask the Court to draw an inference that Mr. Dunlop had an animus against street sex workers from the fact that both Ms. Furlan and Ms. Maerz were street sex workers, the violent ways in which they were killed, and the treatment (or intended treatment) of their bodies following their deaths.
“The second is found in the agreed statement of facts for the purpose of sentencing that was tendered to the Court in connection with Mr. Dunlop’s sentencing for manslaughter in the killing of Ms. Furlan.
“Mr. Dunlop admitted telling ‘undercover officers that he was angry and looking for someone ‘who would not be missed’ and ‘someone who he could ‘fuck up.‘’
“The Crown says that these statements, together with Mr. Dunlop’s conduct surrounding the killing of Ms. Furlan, indicate knowledge of the vulnerability of street sex workers and an animus toward street sex workers.”
Expert evidence
The Crown also attempted to admit expert evidence of Mr. Paul Rubner. Rubner was employed by the Calgary Police Service for more than 10 years as a detective.
Prosecutors said Rubner’s testimony would present evidence about the sex trade in Calgary.
The accused’s counsel, Allan Fay, said the expert evidence was not necessary “because it is within the knowledge or experience of the average person.”
Feasby concluded that Rubner’s testimony would not be necessary to assist the trier of fact.
Dunlop’s four-week, judge-alone trial is scheduled to begin June 2.
