Three women who have made allegations of historical sexual assault by the same individual are determined to share their stories publicly despite various publication bans in the case.
These women are part of a case where a man faced multiple counts of sexual assault earlier this year after an investigation spanning two decades. They are looking to leverage a 2023 amendment to the Criminal Code, which facilitates complainants in waiving publication bans on their names and any identifying information.
Expressing their resolve, one woman stated, “I am not ashamed of what someone did to me. It’s not my burden but theirs.” Another added, “I stand in my truth and am unashamed of my story and experiences, with many others supporting me.”
A third complainant conveyed her desire to have the publication ban on her name lifted, emphasizing that it only protects the accused and not the victims who oppose it.
Publication bans are compulsory in cases involving youth or sexual assault charges, often imposed without the complainant’s knowledge, who could face charges for violating them. However, under Bill S-12, a modification to the Criminal Code, prosecutors must inform the affected parties of the ban and their right to waive it.
The new law streamlines the process of altering or removing the ban, with the court able to act without a hearing unless privacy interests are at stake. The amendment was advanced through advocacy efforts by Kelly Favro, Morrell Andrews, and My Voice, My Choice members, who pushed for the removal of publication bans in their sexual assault cases.
The changes allow victims to decide whether to protect their identities or share their stories, as emphasized by Favro, who co-founded an advocacy group called Beyond the Verdict. Andrews highlighted the importance of discussing how the justice system treats individuals reporting sexual offenses, emphasizing that not everyone prefers anonymity.
The case has three publication bans in place, affecting both the accused and the complainants under different legal provisions. Amautiit Nunavut Inuit Women’s Association is supporting the complainants in navigating the process of lifting the bans on their identities, addressing concerns of transparency in the justice system.
Despite the modifications to the Criminal Code, judges retain the authority to maintain publication bans. Andrews commended the bravery of the complainants, underscoring the importance of individuals having the choice to decide when to reveal their identities.
The decision to revoke a publication ban is not final, as healing is a personal journey and individuals may choose to disclose their identities at a later time. The focus remains on empowering victims to make decisions aligned with their healing process.
Support services are available for those affected by sexual assault, with crisis lines and local resources accessible through the Government of Canada website and the Ending Violence Association of Canada database. If in immediate danger, individuals are urged to call 911.