Concluding thoughts
“This is not a new issue — but it remains one that we say is unsolvable, which I do not think that is the case. This is something we can change: not overnight, and not easily maybe. But it is not "the way things have to be" forever.”[1]
Throughout this investigation, survivor after survivor recounted experiences of trauma - not only from sexual violence, but from systemic betrayal of their interactions with the criminal justice system. Across Canada, their stories are far too familiar: reports disbelieved, cases abandoned, and the persistent failure to respect their CVBR and Charter rights. Throughout every stage, survivors face systemic barriers that silence their voices, place their safety at risk, and decrease their confidence in the justice system. The Supreme Court of Canada’s decision in R v. Jordan has compounded these harms, leading to the dismissal of serious cases and wasting significant personal, community, and public resources.
Despite these realities, survivors and stakeholders continue to participate in inquiries, consultations, studies, and calls for change. They shared with us their lived experiences and professional expertise, all with the hope of change.
We can do better.
We heard of significant progress, promising practices, and incredibly beneficial programs across the country. We heard from and about, caring, thoughtful, hard-working people in all areas of the criminal justice system and across community agencies.
We also spoke with many people about the need for improvements. We discussed Charter and CVBR rights of victims and procedural fairness. We learned about disparities in access to services, depending on where people live. We heard about good experiences with police and about poor experiences. We learned about basic data gaps, especially in disaggregated data, and the need for research on the experiences of Indigenous peoples, Black people, people with disabilities, racialized communities, newcomers, and 2SLGBTQIA+ people. We learned about humiliating and retraumatizing cross-examinations and the importance of trauma-informed approaches. We heard about unequal access to testimonial aids. We heard about the benefits and challenges of restorative justice.
We learned that myths and stereotypes still persist, from the point of reporting throughout the process. We learned about devastating effects of private information being exposed, unbearable delays, and charges suddenly being stayed. We heard that victim impact statements are overly redacted and that survivors aren’t provided information about trial outcomes. We were told there is a need for more training and education. We learned a lot about best practices and superb programs. We heard about advocates, sexual assault centres and victim-centred organizations being lifelines for survivors and about the necessity for access to independent legal advice. We learned about how essential specialized care is for child and youth survivors. We learned about the benefits of wrap-around services and holistic approaches.
Many improvements have been made over the years to the criminal laws related to sexual assault. Lawmakers are careful in their consideration of equity, justice, and human rights when amending and creating laws and policies. We heard from inspiring people who want to make the system better.
We also know that even with good laws and policies, there are often unintended impacts that are invisible and even unimaginable to lawmakers. We know that depending on where a person lives in Canada, laws and policies are applied differently. We know that depending on a person’s identity or status, laws and policies are applied differently. We know that there is work to do to address the MMIWG Calls for Justice.
The recent trial of five hockey players who were acquitted of sexual assault charges has led to nationwide conversations about consent, culture, and sexual violence. These are important conversations. We need to talk to everyone, all ages, and all walks of life, about these issues. Sexual activity needs to be talked about in age-appropriate ways and in safe spaces. We need to teach our young people about consent, respect, and healthy relationships. Everyone can benefit from those conversations.
Sexual violence has no place in our society.
Sustainable funding is desperately needed for adequate supports and alternative options. It will save our nation a lot of trauma – for survivors, accused, and their families and friends – and will also save taxpayers’ money.
When sexual violence does happen, the criminal justice system plays a pivotal role. We need to know we can depend on it to work fairly: fairly for the accused and fairly for the survivors. It has to take into account the impact of trauma on survivors. It cannot be based on discrimination, myths and stereotypes. People need to be able to count on the system to work.
While this report documents the present crisis that is sexual violence, it also points to the future.
We can do better.
Canada can choose a different path:
- A path where survivors’ rights are fundamental, fully respected, and consistently enforced under the CVBR and Charter
- A future where systemic delays are eliminated, cases proceed efficiently, and survivors’ access to timely justice is guaranteed
- A justice system where survivors are given a fair chance at cross-examinations, and testimonial aids are widely available and tailored to survivors’ diverse needs
- A commitment to trauma-informed policing and investigative practices, where survivors feel believed, safe, and supported if they choose to report
- A greater effort to collect helpful data, to understand the status quo in order to improve it
- A path with healing options and proactive information to survivors, and a chance to consider restorative justice, if they want it
We know that this report does not address the enormity of issues that survivors face. We hope our discussion and recommendations will have a meaningful impact on people who have the power to make improvements. We hope that the survivors and stakeholders who shared their expertise with us will know that their voices matter. We have been humbled by their courage. We hope that those people and organizations who have written reports before us and who support survivors will know that their tireless work and expertise are making a difference.
We can do better.
Endnotes
[1] SISSA Survivor Survey, Response #94