Intimate partner violence survivors sue feds over stalled cases, delays
The statement of claim filed in the Federal Court of Canada on Monday alleges the plaintiffs have been denied justice by the government adhering to strict time limits on criminal proceedings set by a landmark 2016 Supreme Court of Canada ruling.
Although the so-called Jordan ruling was meant to protect the constitutional right of defendants to be tried within a reasonable timeframe, survivors and lawyers behind the lawsuit claim abusers have taken advantage of the time limits and gone on to abuse their partners again.
“We have a crisis,” said Cait Alexander, a plaintiff and founder of End Violence Everywhere while announcing the lawsuit outside the Supreme Court in Ottawa on Monday.
The Jordan ruling imposed “a presumptive ceiling” of 18 months between charge and the actual or anticipated end of a trial in provincial court, and 30 months in superior courts.
Barring “exceptional circumstances,” exceeding those limits was deemed by the country’s top court to breach the Canadian Charter, which requires that criminal defendants “be tried within a reasonable time.”
A stay of proceedings was deemed a “minimum remedy” for such a breach, which a defendant would have to prove is due to an “unreasonable” delay by Crown prosecutors.
Exactly how long “reasonable” meant was unclear until the high court’s ruling in R. V. Jordan.
Alexander — who has testified before MPs in the House of Commons about the abuse she suffered at the hands of her ex-boyfriend and the need for reforms and protections for survivors — said multiple charges were stayed due to court delays, and the only punishment her abuser received was a peace bond.
Her fear of further abuse prompted her to leave Canada for Los Angeles, where she still lives.
The statement of claim from Alexander and over a dozen other plaintiffs includes multiple allegations of criminal proceedings being stayed due to delays, sometimes right before a trial was scheduled to begin. Other plaintiffs say they live in constant fear that charges against their alleged abusers will not proceed for similar reasons.
The Canadian Press reported last November that a review of provincial and territorial statistics shows more than 400 criminal cases countrywide have been dismissed, stayed or withdrawn as a result of Jordan challenges since the beginning of 2023.
Among the defendants were some accused of sexual assault, child exploitation, fraud and drug trafficking; murder cases have also been thrown out in previous years.
The legal claim suggests 30 per cent of intimate partner violence criminal cases are stayed as a result of Jordan challenges, and that just five per cent of such cases actually result in convictions.
The plaintiffs are calling for the government to expedite the resourcing of courts across the country and to commit to criminal justice reforms that protect survivors of intimate partner violence.
That could include mandating that that Jordan timelines shouldn’t apply in cases of sexual assault or intimate partner violence, and ending the ability of violent offenders to be released from custody on bail.
“The Defendants have chosen to remain complacent and allow the crisis in the criminal justice system to worsen,” the statement of claim says, referring to the government and the attorney general of Canada.
“The Defendants know, or ought to know, that their lack of action and urgency to enact legislation to guide the issues related to the Jordan law has seriously and negatively impacted the lives of individuals victim to (sexual assault and intimate partner violence).
“The Plaintiffs continue to live in communities alongside not only their perpetrators, but other individuals accused of serious violent crimes against them — in constant physical and mental fear.”
A spokesperson for the Ministry of Justice said it was still considering next steps on how to respond to the legal action, and declined to comment further.
Experts and survivors’ advocates have told Global News that addressing court backlogs and staffing shortfalls should be a priority for governments looking to reduce intimate partner violence.
“Abusers have to be held accountable for their actions, and we have to ensure that the court system and the justice system is resourced appropriately to deal with the volume of cases that are before the courts in this country,” Mitzie Hunter, a former Ontario cabinet minister and current president and CEO of the Canadian Women’s Foundation, said in an interview last year.
“Women are very clear that they want their cases to be heard and they want perpetrators to be held accountable.”
The issues highlighted in the lawsuit were raised by dissenting Supreme Court justices in the Jordan case in 2016, who warned setting strict time limits for trials “risks thousands of judicial stays” and was “wrong in principle and unwise in practice.”
And it is also an indication that Canadian Justice is assured only for criminals and not for their victims.
—with files from the Canadian Press
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