Protecting victims’ privacy and security:

Urgent reform needed to Section 278.1 of the Canadian Criminal Code.

OTTAWA, ONTARIO - In response to growing concerns regarding the violation of victims’ privacy and security in sexual assault cases, Survivor Safety Matters is calling for urgent reforms to Section 278.1 of the Canadian Criminal Code. Survivors of various forms of trauma, including domestic violence/IPV, sexual assault, human trafficking, and other crimes directed at a person, require robust support systems to heal and rebuild their lives. Ensuring their safety and privacy is paramount in this process.

Section 278.1 CCC allows for the disclosure of private records of the victim, including: therapeutic and counselling records, and personal journals, during legal proceedings.

While the intention is stated to be “to protect the accused’s right to form a full defence,” the reality involves the significant traumatization of the victim and elimination of access to safe mental health help and support for the victim when they need it most.

Section 278.1 CCC is used to bully, threaten and intimidate victims and is an effective tool to hinder the victim from continuing with the court process for fear of their own safety.

The release of the victim’s private and confidential information to the offender, and potentially to the public in court, can also perpetuate cycles of violence and abuse by the offender, long after the court case has ended.

As a society, we cannot claim to prioritize justice while neglecting the rights and well-being of those most affected by crime. It is time for meaningful action to reform Section 278.1 of the Criminal Code and uphold the dignity and rights of victims of sexual assault in Canada.

BACKGROUND

Tanya’s case was one of the first military sexual assault cases transferred to the civilian justice system when the CFNIS laid 3 counts of sexual assault against Tanya’s former Commanding Officer in the Ontario Court of Justice in July 2021. This case ended with a stay of proceedings on September 1, 2023 when Tanya refused to participate in a process that would likely result in her personal records being handed over to the defendant, based on Tanya’s lawyer’s experience in these cases. The case was reported by CBC News: Sex charges stayed against former cadet major after defence requests counselling records.

About Survivor Safety Matters:

Co-founded by Alexa Barkley and Tanya Couch, Survivor Safety Matters is an advocacy group made up of survivors of sexual assault and those who support them. Our organization has initiated House of Commons e-4749 petition and are bringing public attention to Section 278.1 of the Canadian Criminal Code, advocating for change so it no longer allows people charged with sexual assault to apply for their victim’s personal records, including therapeutic and counselling records, and personal journals, during legal proceedings.

Other media:

CTV News | Sijia Liu – Advocacy group petitions to protect confidentiality of counselling records in sexual assault court cases [March 6, 2024]

CTV News | Sijia Liu – Federal Ombudsperson launches probe into treatment of sexual assault survivors by Canadian Justice System [March 14, 2024]