Justice committee  I think that will depend on what kinds of resources are put into the criminal justice system. We're already at a crisis point in terms of delay. I think there's just no question that sexual assault is not like any other crime. I'm quoting former Madam Justice L'Heureux-Dubé. That was her refrain in the Seaboyer case, “Sexual assault is not like any other crime.”

Justice committee  I think they are going to add some time, but the question of whether it amounts to more delay depends on what kinds of resources we put into these provisions.

Justice committee  I certainly agree that the bill takes a step towards trying to level the playing field. I think we often forget how much is on the line for complainants in rape trials. When an accused is acquitted, the complainant may be called a liar publicly, to her family, to her community, and to her job.

Justice committee  I would. I think it's a great starting point to begin to map out or to give judges some guidance that we're not only looking at unconsciousness, but someone can be incapable if they do not meet three basic criteria. These criteria were already set out in a Supreme Court decision on this issue.

Justice committee  Well, this bill doesn't purport to deal with judicial education or judicial accountability. Of course I share your concern that we have persistent problems in terms of judges fumbling the ball on the legal rules regarding consent and other issues in a sexual assault trial. I guess I still favour further legislative clarification and codification when possible.

Justice committee  Not unconscious.

Justice committee  I agree with codification, if the codification represents the decision. My point is this. It doesn't clarify this confusion. Calling this a codification of J.A. adds confusion. It is not a codification of J.A. A codification of J.A. would refer to the specific principle that you cannot consent in advance to sex that will occur while unconscious.

Justice committee  Honourable members, I am testifying on this bill as an individual with expertise in sexual assault law. I was just asked this morning as a representative of the Ottawa Rape Crisis Centre. Our executive director was unable to be here. She is travelling across Ontario working with 11 police forces, trying to persuade them of the benefits of what's called the Philadelphia model in terms of policing.

Justice committee  Thank you.

Status of Women committee  I'll say a couple of things, and I'll pass it to Daphne. I guess the federal government certainly can use its funding power to shape national policy for universities and post-secondary institutions. That's certainly what has happened in the United States. They use the threat of withdrawal of funding as their weapon to clobber universities that do not conform to federal guidelines.

Status of Women committee  On our campus, there's been quite a hostile relationship between that group and the student federation. Many of the student groups actively oppose those men's rights groups. The student groups are doing their best, but I don't really know...I'm not really sure what kind of reconciliation is possible with those groups given that what they're really interested in is insisting on denying the reality of women's experience of sexual violence.

Status of Women committee  I think the bystander program might do some of that—

Status of Women committee  —which has very positive potential.

Status of Women committee  I can't speak for how Ontario decided to just refer the student groups as necessary parts of the policy development, so I can't answer that question. In our city, we rely heavily on those crisis centres to serve our students. Not only do they have 40 years of experience in dealing with sexual violence in Ottawa, but they also have a long history of dealing with our students, caring for our students, and supporting our students.

Status of Women committee  Thank you, Daphne. In my five minutes I'd like to focus on legal responses to sexual violence on campus. As you are no doubt aware, Ontario and B.C. have passed laws requiring post-secondary institutions to develop, in consultation with students, policies and protocols for sexual violence on campus, including developing complaint mechanisms and providing information to students about due process rights and other rights, such as rights to representation and appeal processes.