I would like to thank you for giving the Regroupement québécois des Centres d'aide et de lutte contre les agressions à caractère sexuel an opportunity to take part in the work of this Committee.
I represent the Regroupement. Our organization includes the vast majority of organizations that assist teenagers and women who are victims of sexual assault in Quebec. We also help the families of those victims. We provide direct assistance to about 8,000 people a year, not including interventions that focus on prevention, where we reach about 11,000 people on a yearly basis, primarily young people.
Today, my presentation will be in two parts. First, I would like to briefly provide some background that shows the positive impact the Court Challenges Program has had on women who are victims of sexual assault. The second part of my presentation will focus on the need to maintain this program in its entirety for the future.
First of all, let's talk about the program's positive effects. The fact that the section of the Criminal Code intended to ban the publication of the victim's name, or any information likely to identify the victim, as part of the criminal trial has not been struck down by the courts is a direct result of the financial assistance provided under the Court Challenges Program to parties who intervened before the Supreme Court of Canada to defend it. It's important to remember that maintaining that section of the Code has encouraged some sexual assault victims to lay charges, by sparing them the trauma of embarrassment and humiliation that are often the consequence of trials on sexual assault charges that attract broad media attention. If that section of the law had not been fiercely defended, there is a very good chance it would have been struck down. The consequence of its removal would have been a lower complaint rate and, consequently, a form of immunity for the perpetrators of this kind of crime.
In addition, the financial assistance provided under the Court Challenges Program has made it possible to defend the regime introduced into the Criminal Code whereby an accused does not have automatic, unlimited access to the victim's personal file. It's important to remember that the regime that protects the rights of sexual assault victims places the rights of the victim and the accused on an equal footing. If this protection regime had not been fiercely defended, it is quite probable that many victims would not have availed themselves of their right to lay charges, for fear that the details of their private life would be laid out for all to see during the trial or for fear of having to terminate their psychological support, because of the possibility that content could automatically be used by the defence.
As for the need to maintain the program in its entirety, we would make the following arguments.
First, despite notable progress, the victims of sexual violence, primarily women and children, continue to be a disadvantaged group in terms of their equality rights, and are still subject to persistent prejudice and stereotyping.
Second, history has shown that unpredictable, repeated attacks are being made on the legal protections currently afforded victims. We saw two examples of that earlier, in my previous comments.
Third, because of the prosecutor's duty of neutrality in criminal matters, it is absolutely critical, in certain situations, that victims have an opportunity to be represented by independent Crown counsel when there is a danger that their rights will be violated.
Finally, and this final argument is probably nothing new, because you have surely heard it before. There is still a great deal to do to ensure better access to the courts and to justice. Continuing the Court Challenges Program means making effective rights currently laid out in written documents.
Thank you.