Thank you.
I appreciate the invitation. I'm grateful for how you've been holding space to listen to survivors. I think their courage demands some action from all of us.
We're on the traditional unceded territory of the Algonquin Anishinabe people. As we gather during the 16 days of activism against gender-based violence, we're 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.
The office of the federal ombudsperson for victims of crime is an existing accountability mechanism at the federal level 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're responsible to help policy-makers respect Canada's obligations under the Canadian Victims Bill of Rights, which is quasi-constitutional, and to understand systemic issues that negatively affect survivors.
I do support LEAF's recent proposal to create a GBV commissioner in Canada—I saw many of you at the launch event—and request improved resourcing and legislation to support our mandate.
This year we launched a national systemic investigation into how survivors of sexual violence are treated in the Canadian criminal justice system. We've completed 80 interviews with survivors and consultations with more than 200 stakeholders. We're nearing completion of 40 virtual round tables. Two weeks ago we launched an online survey for survivors, and we already have about 400 responses. We're 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.
First, the R. v. Jordan decision was intended to address unreasonable delays but created unintended consequences. In some cases, despite having adequate evidence, the police or the Crown will delay charges because they want everything prepared when the Jordan clock begins at the time of charge. This increases the risk for survivors and for public safety.
The ruling has incentivized the allowable use of 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's faster and has a higher prospect of conviction. We've been hearing about serious sexual assault charges, including against women and children, being stayed.
In one egregious example—awful—a survivor was sexually abused by her stepfather for eight years while her mother condoned the behaviour. Both parents were charged. Her mother was sentenced to 42 months in prison. All charges against the stepfather, the abuser, were stayed, because his case was more complicated. That's not what justice looks like.
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 the reporting of sexual offences and in survivors having access to treatment.
In practice, this provision has become a tool to intimidate and undermine survivors' credibility. Across the country, we've 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. I believe 13% said they didn't report to police for the same reason. That's evidence of a chilling effect. Survivors should not have to choose between healing and justice.
Survivors of intimate partner violence and sexual assault continue to report that their safety is overlooked by the criminal justice system. One person in our investigation 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. It's time to strengthen the Canadian Victims Bill of Rights with enforceable rights to information, participation and protection.
Thank you.