Nearly decade-long Ontario sexual assault case 'deeply problematic,' say advocates

Meg got a call from a London, Ont., police officer late last year telling her new charges were pending against the man who she says attacked her in 2016.

He was convicted of sexually assaulting her in 2019, and placed on the sex offender registry. By 2023, his statutory sentence in federal prison was over and he'd been released. Meg said fortunately, he'd stayed away from her.

The officer gave no details about the new arrest, but had called to make sure Meg was OK. She said she was — until the officer dropped a bomb.

"Have you heard about the appeal?" Meg recalls the officer asking. "And I was like no, and she goes, 'Well, somebody from victim services should be calling you about that soon. Have a good weekend. Goodbye.'" 

Meg, whose real name is protected by a court-ordered publication ban, later found out the man convicted in her case had been granted an appeal a year before, but no one had told her. That gave way to an even bigger mystery.

I've done my part. I have shown up for this system time and time again to do my part, to hold this man accountable.- Meg

"He served his time. He has been released," Meg said. "What is there to appeal?" 

The appeal meant his conviction was set aside, and he was no longer on the sex offender registry.

Court documents reveal a case rife with long delays and miscommunication, one that legal experts and women's advocates say is indicative of a criminal system that too often fails both sides.

"It is deeply problematic for the accused. It's deeply problematic for the complainant," said Pam Hrick, executive director and general counsel of the Women's Legal Education and Action Fund, also known as LEAF.

"You really want, especially in cases of sexual violence, to have a process that is moving forward as expeditiously as possible, where the complainant, where the accused are informed in a timely way of how things are proceeding, and where resolutions aren't left hanging over anyone's head for close to a decade."

On June 11, a text message from the victim/witness assistance program in London confirmed to Meg that a new trial would not proceed. The case had ended — right about where it started.

"I've done my part. I have shown up for this system time and time again to do my part, to hold this man accountable," said Meg. "He will be absolved of any accountability."

Lack of communication 'inexcusable'

CBC reviewed hundreds of pages of court documents from this case including the sentencing decision, transcripts of testimony and the Court of Appeal decision. 

The Crown attorney assigned to this case in London was not allowed to speak to CBC. Questions were instead forwarded to the office of Ontario's Ministry of the Attorney General, which refused to comment.

"To protect confidentiality, the ministry is unable to share any information about specific cases and its communication with victims," a ministry spokesperson wrote in an email.

Asked who is responsible for keeping a claimant informed — in this case, that an appeal had been granted and a new trial ordered — the ministry said the Crown is "to ensure that efforts are made to advise the victim of significant information throughout the proceedings," as noted in the victims directive in the Crown prosecution manual.

"This is just an example of the ... criminal system failing," said Hrick, who reviewed some of the court documents for CBC. "It's inexcusable that she wasn't informed.... She's entitled to understand and to have explained to her what happened."

'I did everything I was supposed to do'

Meg did everything alleged victims are told to do: say no, fight off the attacker, seek help and report the assault. 

The accused was her neighbour and they'd previously dated. On a summer night in 2016 he dropped by and they drank wine on her porch, according to court documents.

Meg testified she repeatedly said no to sex that night, but he forced himself on her. A rape kit was later administered at a hospital, she reported the assault to police and charges were laid. 

"I did everything I was supposed to do as a survivor," said Meg.

In her victim impact statement, she described her physical injuries. 

"I had never been attacked like this, I had never had to fight someone off of me before, and my complete exhaustion was my reminder that I had failed to protect myself," she told the court.

He was convicted by a jury in July 2019. Sentencing, initially scheduled for late 2019, didn't happen until early 2021. His appeal was submitted that spring.

Meg says Correctional Service Canada did inform her of his movements while he was inside the prison system, including any day passes, and she was notified about his release back into the community in late 2022.

"I thought, OK, the appeal didn't go through, there's no need to think about it anymore, and I just started to live my life knowing that that is all done and it's behind me," she recalled. 

It's unclear why the appeal court didn't hear the case until late 2023.

"The delay didn't work for him here either because he just sat in jail for all that time. I just don't know why that happened," said Tonya Kent, a criminal defence lawyer in Toronto. "There's an impact on both parties."

'No public interest'

Meg said the Crown told her at this stage it wouldn't be in the public interest to hold a new trial, which could take another few years to reach completion. 

"Tell me how this court system has upheld my rights. Tell me how they have protected me, because they have not," said Meg.

Claimants like Meg need to remember they are in the system as a witness and the Crown is not their lawyer, said Kent. 

"He's already served the sentence, so what is the purpose of trying to get a conviction? And then what?" Kent asked. "The system is not going to be here for you to get closure."

That's why some are calling for solutions outside the justice system. 

Laura Morrison, a member of the Survivors for Justice Reform Coalition, says sexual violence is one of the "most pervasive under-reported and under-attended to" crimes. 

The coalition of survivors of sexual and intimate partner violence is calling for justice reform including restorative and transformative justice options. 

According to a Statistics Canada report in November 2024, only six per cent of sexual assaults are reported to police and only one in 19 led to an accused person being sentenced to custody. 

Morrison, who also volunteers at the Toronto Rape Crisis Centre, says she explains to survivors the roadblocks and potential harm that can be experienced in the justice system.

"You are providing yourself as a service to the Crown," said Morrison. "It has very little to do with you and you need to know that going into it."

• At least 268 sexual assault-related cases stayed due to unreasonable delays since 2016

As the high-profile sexual assault trial involving five hockey players worked its way through court in London this spring, Meg was among the people protesting outside. 

"It's an incredible feeling, honestly, to be surrounded by a group of people who get it and who are survivor-focused," she said. "You're speaking for everyone who's been through this system, everyone who's going to go through this system, and demanding change, demanding justice for survivors."