Remarks to the Standing Committee on the Status of Women (FEWO) on Gender-based Violence and Femicides against Women, Girls and Gender Diverse People

Honourable Chairperson and Members of the Committee,

Thank you for inviting me. I’m grateful for how you have been holding space for survivors to share their experiences. Courage like that demands a response.

We are on the traditional and unceded territory of the Algonquin Anishinaabe people. As we gather during the 16 Days of Activism Against Gender-Based Violence, we are reminded of the disproportionate violence faced by Indigenous women, girls, and Two-Spirit people – a crisis rooted in colonial violence and systemic inequities. Now is the time for action, for justice, and for reconciliation.

As Federal Ombudsperson for Victims of Crime, our Office is an existing federal accountability mechanism for survivors of GBV and the families of women and gender diverse people whose lives have been ended by hate. We provide a direct service to resolve complaints about federal agencies connected to the criminal justice system. We are responsible to help policymakers respect Canada’s obligations under the Canadian Victims Bill of Rights (CVBR), which is quasi-constitutional, and to understand systemic issues that negatively affect survivors. I do support LEAF’s proposal to create a GBV Commissioner in Canada and request improved resourcing and legislation to support our mandate.^{Footnote 1} 

This year, we launched a national systemic investigation on how survivors of sexual violence are treated in the Canadian criminal justice system. We have completed 80 interviews with survivors, consultations with more than 200 stakeholders, and we’re nearing completion of 40 virtual consultation tables. Two weeks ago, we launched an online survey for survivors that has already received nearly 400 responses. We are building a comprehensive understanding of systemic gaps and promising practices.

What we’ve learned so far is sobering. Today I’ll focus on three areas where federal leadership can drive change.

R. v. Jordan and Delays

The R. v. Jordan ruling was intended to address unreasonable delays but created unintended consequences.

• In some cases, despite having adequate evidence, police or Crown delay charges because they want everything prepared when the Jordan ‘clock’ begins. This increases risk for survivors and for public safety.
• The ruling has incentivized the use of allowable motions in court. We’ve seen an increase in motions contesting testimonial aids and requesting survivors’ private therapy records.
• We’ve heard about sexual assault charges proceeding as simple assault because it can be faster, with a higher prospect of conviction.
• And we have been hearing about serious sexual assault charges, including against young children, being stayed.
• In one egregious example, a survivor was sexually abused by her stepfather for 8 years, while her mother condoned the behaviour. Both parents were charged. Her mother was sentenced to 42 months in prison. All charges against her stepfather were stayed because of the Jordan decision.^{Footnote 2} 

Section 278.1 and the Weaponization of Therapy Records

Section 278.1 of the Criminal Code was introduced to protect the privacy rights of survivors of sexual assault. In 2022, the Supreme Court affirmed its constitutionality. It also affirmed that judges must consider society’s interest in encouraging the reporting of sexual offences and in survivors having access to treatment.

In practice, the provision has become a tool to intimidate survivors and undermine their credibility.

Across the country, we have heard that subpoenas for counselling records have increased, that this creates allowable delays, that judges are hesitant to deny requests in case of appeal, and that survivors feel unsafe seeking mental health support when they need it most. In our survey, so far, 20% of survivors said they wanted to speak with a counsellor but felt like they couldn’t because their records could be subpoenaed. 10% said they didn’t report to police for the same reason. That is evidence of a chilling effect.

Survivors should not have to choose between healing and justice.

The Right to Protection and Enforcement of the CVBR

Survivors of intimate partner violence and sexual assault continue to report that their safety is overlooked by the criminal justice system. One person said,

        “I don’t want to be another woman in a body bag with people wringing their hands wondering how this happened.”

It’s time for Canada to prioritize survivors’ section 7 Charter rights to life, liberty, and security of the person.

And it’s time to strengthen the Canadian Victims Bill of Rights with enforceable rights to information, participation, and protection.

Thank you.