A group of survivors of intimate partner violence (IPV) and sexual assault are suing the Canadian government for $15 million, saying their charter rights are being violated by a court rule.
“Canada has become a graveyard of preventable deaths,” Cait Alexander said March 31 on the steps of the Supreme Court of Canada, surrounded by three other women involved in the case.
“We demand immediate judicial reform.”
The lawsuit says a rule in Canadian law -- known as the Jordan decision -- that puts a time limit on bringing a criminal case to trial has allowed abusers to escape justice and re-victimized trauma survivors.
Alexander, 33, is one of 14 plaintiffs named in the lawsuit that was filed last week in federal court in Ottawa.
“In 2021, Caitlin was nearly beaten to death and left for dead by her abuser, who was charged with multiple (offences.) Due to Jordan’s Law and court backlogs, most of the charges against him were stayed despite overwhelming evidence against him,” the suit said.
“For the charges that were not stayed, she was forced to accept a peace bond because of the actions of the Crown.”
Alexander said despite the blood all over her house where she was attacked, her ex was let out of jail the next day for $500.
“The catch and release policies are not working, they are violent and killing us,” she said.
“It has to change now.”
Two fathers from Sault Ste. Marie, Ont., whose daughters were killed by their partners are also named as plaintiffs in the lawsuit.
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Hundreds of charges dismissed
Hundreds of charges have been dismissed or stayed since the Jordan ruling came into effect, the group’s attorney, Kathryn Marshall of Toronto, said in last week’s news conference.
“If you read through the case, you are going to be horrified by some of the stories,” Marshall said.
“Victims the day before the trial were told the charges were stayed because the timelines have exceeded the Jordan ruling. No justice or accountability, no victim impact statement. Abuser walks free, it’s happening everywhere.”
Systemic failures
The suit contains nine claims mostly centred around the infringement of rights under Section 7 of the Canadian Charter of Rights and Freedoms.
“The plaintiffs allege that systemic failures by the federal government, particularly since the Supreme Court’s 2016 R v. Jordan decision, have caused severe injustice and left dangerous offenders on the streets,” Marshall said in a March 31 news release.
“The Jordan decision, intended to protect defendants’ rights to timely trials, has inadvertently led to the dismissal or staying of hundreds of sexual assault and IPV charges due to court backlogs and inadequate funding.”
The lawsuit seeks “declarations that their charter rights have been violated and demand immediate and systemic reforms, including judicial appointments and resources to eliminate trial delays.”
Under the Canadian Charter of Rights and Freedoms, people accused of crimes are entitled to be tried within a reasonable time.
With the Jordan ruling, the Supreme Court has set limits on how long cases can take to go to trial.
For provincial court cases, the limit is 18 months from charges being laid to the end of the trial.
The limit for superior court trials is 30 months.
“A staggering half of the cases in Canada’s criminal justice system are related to sexual assault (SA) or IPV, with only five per cent of SA cases resulting in a conviction and 30 per cent of IPV cases being stayed (thrown out) because of the Jordan decision,” Marshall said.
- Safety planning strategies and other support services
- READ: ‘It’s not as simple as walking away’: Crisis worker on why people stay in abusive relationships
The claim states the majority of IPV and sexual assault cases in Canada take more than 30 months to be resolved.
“Nearly half of the female population experiences IPV in their lifetime, and one in four women will face severe forms of IPV, such as physical assault, sexual assault and stalking,” the claim said.
“Sexual violence is even more prevalent—one in three women will experience some form of sexual violence during their lifetime.”
Risks acknowledged
In the Jordan decision, the Supreme Court acknowledged the risks of imposing time limits on cases and said limits should be set through legislation and grounded in factual evidence.
“The federal government has yet to effectively implement any such measures or consider any relevant factual evidence that has been raised from the Jordan decision,” the statement of claim said.
“The decision has had a devastating impact … Across the country, hundreds of charges have been stayed or dropped due to the federal government’s failure to implement legislation grounded in existing facts and address the backlog crisis in the court system as well as the many other deficiencies in the court system that have resulted in the denial of justice for victims.”
Victims Bill of Rights
The lawsuit alleges sections 28 and 29 of the Canadian Victims Bill of Rights – which is celebrating its 10th anniversary this year – infringes on their charter rights.
“Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice,” the charter states.
But this isn’t the first time these sections have been identified as problematic.
In an open letter to the Canadian government, federal ombudsperson for victims of crime Benjamin Roebuck recommended removing or changing s. 28 and 29 “so survivors have more access to recourse.”
Ian McLeod, a spokesperson for the Canadian Department of Justice, declined an interview request made by CTVNewsNorthernOntario.ca but said in an email the Attorney General of Canada is reviewing the statement of claim to determine the next steps.
The government has 30 days to respond with a statement of defence.
Agencies that can help:
- Assaulted Women’s Helpline 1-866-863-0511
- Canadian Human Trafficking Hotline 1-833-900-1010
- Centre Victoria pour femmes 705-670-2517
- Family Information Liaison Unit 1-844-888-8610
- Ligne FEM-AIDE Provincial 1-877-336-2433
- Manitoulin Family Resources 705-377-5160
- SAVS-Sudbury and Area Victim Services 705-522-6970
- Shkagamik-Kwe Health Centre 705-675-1596
- Sudbury Counselling Centre 705-524-9629 x 218
- Sudbury Women’s Ctr (Workshops) 705-673-1916
- Talk 4 Healing 1-855-554-4325
- VIPP - Violence Intervention and Prevention Program (HSN) 705-675-4743
- Voices for Women (Sexual Assault) 705-671-5495
- YWCA Genevra House Abuse Line 705-674-2210 or Toll Free 1-800-461-0133
