Backgrounder: Systemic Investigation on Justice for Survivors of Sexual Violence

Purpose of the Investigation

In March 2024, the Office of the Federal Ombudsperson for Victims of Crime (OFOVC) launched a national systemic investigation to examine how survivors of sexual violence are treated and to propose reforms that uphold their rights and dignity.

Why It Matters

Sexual violence remains one of the most underreported crimes in Canada. Despite decades of reforms, only 6% of sexual assaults are reported to police. When they do report, survivors experience retraumatization in the criminal justice system (CJS). Survivors want access to enforceable rights and to be treated fairly when they ask for help.

Bottom line

We can better protect survivors while we respect the rights of the accused, lower costs, save time, and reduce the number of charges being stayed or withdrawn because of the Jordan decision.

Our Approach

The investigation combines qualitative and quantitative methods to capture survivor and stakeholder perspectives on systemic issues.

• 107 survivor interviews
• 600+ stakeholder interviews
• 36 virtual consultation tables
• 1,000 survivor survey responses
• 450 stakeholder survey responses
• Legal review: 750+ court cases
• Media review: 300+ articles

What We Examined

The investigation reviewed systemic issues across the criminal justice system, including:

• Reporting to Police and Investigations
• R v. Jordan (timeliness and delays)
• Access to Therapeutic Records
• Trial Fairness and Cross-examination
• Testimonial Aids
• Victim Impact Statements, Sentencing, and Corrections
• Restorative and Transformative Justice
• Legal Representation and Enforceable Rights
• Access to Services
• Data and Accountability

Full details in Chapters 3-12 of the report

Expert Advisory Perspectives

“On behalf of Canada’s Child and Youth Advocacy Centres, we welcome this report’s recommendations that call for specialized, compassionate, and coordinated support for all children and youth in Canada who have experienced abuse. A response that brings the right professionals together around each child is essential to safety, healing, and justice. It’s time for Canada to invest in stable, long-term funding for child and youth advocacy centres so every child and family can access the support they need when they need it.”

Karen Orser and Leah Zille
Co-Chairs, Child & Youth Advocacy Centres of Canada

 

“The report findings affirm that systemic barriers to justice persist for survivors of sexual assault and the resulting recommendations highlight pathways to improving and enhancing the response to one of the most underreported violent crimes in Canada. As sexual assault centres we see the impact of these barriers on survivors and our communities every day. We are committed to continuing to engage in work focused on enhancing access to sexual violence and trauma-specific services, collaborating on trauma-informed enhancements and reforms within the criminal legal system, and pursuing alternative justice pathways.”

Corinne Ofstie, Co-Chief Executive Officer
Association of Alberta Sexual Assault Services

 

“There is a stark disconnect between the justice system’s belief that section 278.1 of the Criminal Code protects victims and the lived reality of survivors whose private counselling records have been subpoenaed. What the system calls protection, survivors experience as violation. The use of third-party record applications in this way is a cruel perpetuation of abuse – it is inhumane and fundamentally incompatible with the safety and protection survivors expect from our courts.”

Tanya Couch & Alexa Barkley
Survivor Safety Matters

 

“This report clearly demonstrates the urgent need for significant investments into the community-based services that a majority of survivors rely on. Survivors of sexual violence deserve to have access to timely supports, regardless of whether they choose to report, and wherever they live in Canada. There is a pressing need to fill persistent gaps in access to supports in remote and rural areas and for specific populations. This report also highlights the need for survivor advocates and free legal advice and representation to help survivors navigate the complexities of the criminal justice system. To prevent sexual violence and create community safety, we must build a social safety net that creates the conditions where everyone can thrive.”

Valérie Auger-Voyer
Ending Sexual Violence Association of Canada (ESVA Canada)

 

“It was both a privilege and a profound responsibility to serve on the expert panel that informed this landmark report. Listening to the voices of sexual assault survivors made it clear just how urgently change is needed. The recommendations in this report chart a path forward — one that demands our justice system do far better for children and youth, who are among the most vulnerable, by prioritizing protection, support, and accountability.”

Dr. Naomi Parker, Co-Director
Kindex Research and Knowledge Centre

 

Next steps

• The Ombudsperson will request a management response from the Department of Justice that indicates what action is contemplated or being taken with respect to the reports recommendations or explains why the recommended action will not be taken.

 

Access the full report: Systemic Investigation - Survivors of sexual assault - Canada.ca