The federal government unveiled changes on Wednesday purporting to make it easier for sexual assault survivors to lift publication bans and speak out about their experiences — changes that one leading expert warns will have the opposite effect.
The federal government unveiled changes on Wednesday purporting to make it easier for sexual assault survivors
That latter step is counterproductive, said Robin Parker, a Toronto lawyer who has represented complainants in publication ban cases — including one woman who was convicted and fined $2,000 for violating a ban on her own name before the decision was overturned on appeal. In the case of survivor Maarika Freund, notice to the accused added months of delay to her request before finally having the ban lifted on her name in 2021. The man was given an extension of 60 days to decide if he wanted to respond to her application, and he never did.
When the Crown finally submitted the application, the judge ordered an in-person hearing with notice to the lawyer for the accused. Comrie was also asked to send a letter explaining that she understood what lifting the ban would mean. “That’s certainly something we can look at in the legislative process to clarify, but it is clear that we are trying to empower victims here,” he said.
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