The Pearson Centre hosted an inspiring and sobering discussion on the ways survivors of sexual violence are treated in Canada’s criminal justice system. Our brilliant panelists – Ben Roebuck, Federal Ombudsperson for Victims of Crime; Alexa Barkley and Tanya Couch, Co-Founders of Survivor Safety Matters; and Silvia Samsa, Executive Director of Sexual Assault and Violence Interventions Services (SAVIS) – highlighted serious systemic problems facing victims of abuse, while also bringing solutions to the table. Led by Pam Damoff, The Pearson Centre’s CEO, and Kevin Bosch, our Board Chair, the conversation was centered around a recently released report, “Rethinking Justice for Survivors of Sexual Violence: A Systemic Investigation,” and a related piece of legislation, Bill C-16, which is currently pending before Parliament.
“Rethinking Justice for Survivors of Sexual Violence: A Systemic Investigation” was released in late 2025 by the Office of the Federal Ombudsperson for Victims of Crime. It is based on an 18-month investigation during which the Ombudsperson’s team spoke with nearly 3,000 people across Canada, conducted research and surveys, and interviewed more than 100 survivors of sexual violence. Ben noted that it’s deeply concerning that many survivors who are in contact with the criminal justice system find that experience even more traumatic than the actual sexual assault, and the report offers 43 recommendations for remedying this problematic reality.
Silvia, Alexa, and Tanya all expressed gratitude for the Ombudsperson’s report, and especially its focus on the voices of survivors, its respectful approach, and its emphasis on solutions. Alexa said she was thrilled with how the report “drags out of the shadows the toxicity and harm” that is typically levied against survivors who come forward with reports about abuse.
The panelists delved into an especially serious problem facing survivors today: Section 278.1 of the Canadian Criminal Code allows people accused of perpetrating sexual violence to subpoena private records of the victim, including counselling records and personal journals. Tanya, herself a survivor of sexual assault, had to provide such records to her abuser, which she said were then used to intimidate her and attack her character. Worse still, these subpoenas effectively broke her therapeutic relationship with her counsellor and prevented her from seeking other support, as anything she shared could potentially be made available to her abuser. She was even notified that she shouldn’t speak with the Ombudsperson’s office, as those records could also be subpoenaed. The result was that she could not seek out counseling services for years, as her case wound its way through the legal system. Meanwhile, her perpetrator used her counseling records to terrorize her. Sylvia confirmed that SAVIS staff are always cautious about what they put into notes of conversations with survivors precisely because they know those notes might be subjected to subpoenas.
Important changes to Section 278.1 of the Criminal Code are included in Bill C-16, which was recently tabled by the Minister of Justice. As recommended in the Ombudsperson’s report, the legislation raises the threshold for the subpoena of victims’ private records. Today, the defense can request these records on the basis that there is information in them that is highly likely to be valuable to the defense. Bill C-16 changes that threshold to one of necessity, meaning that the defense can only subpoena the records if it is the only way for the defense to raise reasonable doubt. While all panelists acknowledged that this change is important, Silvia, Alexa, and Tanya made the case that the new bill doesn’t go far enough, arguing that there should be a complete prohibition on subpoenaing these private records.
Pam asked the panelists about the impact of the 2016 Supreme Court case R v. Jordan, which states that those accused of crimes have a constitutional right to timely justice, meaning that after a certain period of time an incomplete case can be stayed or withdrawn. Because sexual assault cases are complex, they are especially likely to be stayed. In fact, according to Ben, in 2022-2023, sexual assault cases were 2.5 times more likely to be stayed or withdrawn than other cases. Worse still, when a case is stayed, there is no requirement that the victim be notified. The Ombudsperson’s report recommends that the safety interests of the survivor must be considered when there is an application for a stay and maps out alternatives to a stay when a trial has been going on for too long.
The report also recommends a new emphasis on restorative justice in sexual assault cases, focusing on who has been harmed, what they need, and whose obligation it is to meet those needs. Ben confirmed that they had heard from survivors that they want access to that option, and Bill C-16 sets out a process for restorative justice in the Criminal Code.
The panel agreed that the release of the report and the pending bill are great steps forward; out of the report’s 43 recommendations, 23 are partially or fully addressed in the legislation. And yet, there are some important pieces missing from the bill. Among them is the lack of sufficient funding for legal advice for survivors, and the fact that the limited funding that is available is set to expire in March. Alexa described the possibility of such funding ending within weeks as “very scary.” Another missing piece in the bill concerns preliminary hearings in cases of sexual offenses. Preliminary hearings are currently allowed only in sexual abuse cases that could lead to a prison term of more than 14 years. Such cases often involve the abuse of children, meaning that children who have been victimized can be forced to testify twice, and be subjected to problematic messages suggesting that the child is somehow to blame for their abuse.
Pam wrapped up the discussion by asking everyone viewing the webinar to read the Ombudsperson’s report and to urge their MP to support Bill C-16.
The full discussion can also be listened to on Spotify and the full report is available here.