-- The Case
21 survivors of intimate partner violence are suing the Canadian federal government, asserting their Charter rights have been violated due to backlogs in the court system allowing tens of thousands of abusers to walk free without having to go to trial every year.
- Court backlogs and "Jordan" stays violate the Charter section 7 and 15 rights of survivors of intimate partner violence.
- Delays let abusers walk free without trial, denying survivors safety and access to justice.
-- Our Lawsuit
The lawsuit filed in the Federal Court argues that the Government of Canada has unjustifiably infringed the plaintiffs' rights under sections 7 and 15 of the Canadian Charter of Rights and Freedoms.
The claim centers on the impact of R. v. Jordan, the 2016 Supreme Court of Canada decision that imposed presumptive ceilings of 18 months (provincial court) and 30 months (superior court) between charge and trial. When those ceilings are exceeded, courts must presumptively stay the charges - a remedy the plaintiffs argue has been weaponized by accused abusers, at the direct expense of survivors' safety and access to justice.
The Jordan ruling and the Government’s inaction and negligence have caused a crisis in our judicial system.
As a result of the Jordan law, over 56% of cases are stayed due to trial delays exceeding the 18 or 30-month time limits. Significantly, 30% of Intimate Partner Violence cases are also stayed, highlighting a critical issue for victims. Moreover, Sexual Assualt and Intimate Partner Violence cases make up half of the cases in the Canadian criminal justice system but only 5% of the cases result in a conviction.
Nearly half of the female population experience Intimate Partner Violence in their lifetime, and one in four women will face severe forms of Intimate Partner Violence, such as physical assault, sexual assault, and stalking. Sexual violence is even more prevalent—one in three women will experience some form of sexual violence during their lifetime. In Canada, the majority of Intimate Partner Violence and Sexual Assault cases take over 30 months to be resolved.
Stay informed about this important fight to reverse the Jordan decision and get justice for victims of Intimate Partner Violence and Sexual Assualt:
Portraits of Truth
Cait & Kathryn
Cait Alexander and Kathryn Marshall speak about the Jordan Challenge.
Videos created and produced by Storia.
-- We The Undersigned
Pledge to stand with the survivors of intimate partner violence who are challenging the Government of Canada in Federal Court. We believe that justice delayed should not mean justice denied.
In 2016, the Supreme Court of Canada set hard time limits on criminal trials: 18 months in provincial court, 30 months in superior court. Miss the deadline, and the case may well be thrown out, regardless of the strength of the case. The accused walks free. Not because the case was weak. Because the system was too slow.
Survivors are paying that price.
Abuse and sexual assault cases take time. Evidence takes time. Disclosure takes time. Survivors often need time before they can speak at all. None of that is their fault. Yet they are the ones who lose their day in court.
This is not an accident. It is the predictable result of governments that have underfunded courts, left judicial vacancies unfilled, and allowed backlogs to grow year after year. Delay has become a defence strategy, and survivors are the collateral.
We the undersigned therefore call on the Government of Canada to:
- Immediately suspend the Jordan rule timelines for intimate partner violence and sexual assaulr cases.
- Fund and staff the courts properly: fill judicial vacancies, resource Crown offices, and end the chronic delay that makes stays inevitable.
- Track and publish the data on how many intimate partner violence and sexual assault charges are stayed for delay, so the true scale of this is public.
- Stop defending the status quo in court, and start fixing it.
We the undersigned believe that no survivor should be told her case is over because the courthouse was busy.
We stand with the plaintiffs. We sign our names in support of their challenge.
-- About Us
The Plaintiffs in this lawsuit are represented by Marshall Law, a Canadian boutique law firm focused on employment, human rights and survivor rights.
Marshall Law is all about fighting for people, not companies. Marshall Law isn't afraid to take on big companies, bullies, powerful people, abusers, unions or governments. Tough battles don’t deter them. Neither does challenging the status quo nor taking on the powerful establishment. If you have been wronged, they won’t stop until we get justice and results.
The lawsuit has been brought by lead plaintiff and End Violence Everywhere “EVE” founder Cait Alexander.
EVE is a multinational registered charity organization founded by Cait Alexander dedicated to supporting survivors of intimate partner violence, sexual assault and human trafficking and advocating for systemic reform to close the gaps that leave survivors unprotected.