Federal government wants to let sexual assault victims opt out of publication bans
Legislation would require judges to ask prosecutors if they've consulted victims about publication bans
The federal government introduced legislation Wednesday that would change the Criminal Code to give victims of sexual assault the opportunity to opt out of publication bans.
Publication bans are intended to protect sexual assault victims by prohibiting the publication of information that could identify them publicly in relation to their case.
In December, the House of Commons justice committee tabled a report — which received unanimous support from the committee's MPs — that called on the government to change the law so that publication bans are not imposed on victims without their consent.
WATCH | Lametti says legislation is about 'empowering' victims
While publication bans are generally applied without input from victims, Justice Minister David Lametti told reporters the new bill aims to change that.
The legislation introduced in the Senate on Wednesday would require judges to ask prosecutors if they've consulted victims on publication bans and also make changes to the process for revoking or modifying a ban.
"What this legislation does is give a clear process that allows the survivor to go back to the judge and say, 'I'm ready for this to be public,'" Lametti told a press conference Wednesday.
Lametti was joined by Morrell Andrews, a sexual assault victim turned advocate for victims. Andrews had a publication ban placed on her name without her consent and she later had to fight to remove it.
"This publication ban required a judge to supervise what I could say. I was terrified of somehow breaching it," she said.
WATCH | Advocate urges Parliament to pass legislation
Breaking a publication ban is a criminal offence with a potential maximum sentence of up to two years in jail and a $5,000 fine.
Andrews said she was "elated" to see the legislation tabled Wednesday. She thanked all parties for their support and urged them to pass the law quickly.
"It looks like an end to victims being threatened with fines and jail time for simply attributing their own experiences of harm," she said. "This is part of a very long journey to improve the legal system and make it more responsive to the needs of complainants of sexual offences."
The legislation would still require victims to ask a judge to reject a publication ban. Andrews said that while she would have preferred legislation giving victims a simple veto, she was pleased with the bill.
"Justice through the system we have will always be imperfect," she said. "So if it's an improvement, to me that's good."
Lametti said he suspects it would be only in rare situations — such as a case with multiple victims who disagree over a publication ban — that a judge would say no.
A spokesperson for Lametti's office later told CBC that the legislation includes an appeal process.
NDP MP Laurel Collins, who sponsored a petition in the House of Commons calling for similar changes to the law, said she supports the changes but called on the government to do more.
"I'm glad to see this policy change, but more work must be done to support all survivors who've been silenced by our legal system," Collins said in a media statement. She pointed to better mental health supports in the justice system as an example of where further improvements could be made.
Changes to sex offender registry
The new legislation also responds to an October Supreme Court decision that found requiring sex offenders to be added to the sex offenders registry automatically is unconstitutional.
A 2011 change to the Criminal Code required that sex offenders' names be added automatically to the registry and also required anyone convicted of two sex offences or more to remain on the registry for life — meaning judges no longer had discretion on submitting names to the registry.
Canada's top court struck down both of those provisions in the fall.
The legislation introduced Wednesday would address the court's ruling by requiring only that child sexual offenders and repeat offenders be registered automatically. All others would need to demonstrate they pose no risk to the public.
The legislation also would give judges discretion on the decision to add an offender convicted of two or more offences to the registry for life. If a judge determines that an offender does not pose a high risk of reoffending, the offender can be added to the registry for a limited time.
The bill needs to pass by the end of October in order to comply with a court-imposed deadline. Lametti said he suspects the bill will receive support from all parties.
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With files from Olivia Stefanovich