Lawsuit claims the government hasn't done enough to reduce court delays that result in charges being thrown out and alleged offenders going free
Claiming years of inaction, survivors of intimate partner violence and families of victims have come together in a landmark civil suit against the Government of Canada.
Among the plaintiffs is are two Guelph women. One is fearful her alleged abuser will “walk free” because of court delays, while the other has already seen that happen, according to the statement of claim.
These situations, the 14 plaintiffs claim, place a "disproportionate share of the burden and effects" of court delays on victims.
The lawsuit seeks an order declaring the government hasn’t done enough to reduce delays that have resulted in charges being thrown out or lead to plea deals being made, leaving victims in fear of their abusers.
It also seeks $15 million for breaches to the Canadian Charter of Rights and Freedoms, plus court costs.
"We have a crisis. Our justice system is not only failing victims, it is protecting criminals," said plaintiff Cait Alexander, founder of the victim advocacy group End Violence Everywhere, during a news conference in Toronto on Monday announcing the lawsuit.
Alexander’s comment about protecting criminals is a reference to the Jordan decision, a 2016 Supreme Court ruling that set presumptive time limits of 18 and 30 months for provincial or Superior court trials, respectively.
Anything longer is considered to violate the accused person’s right to a speedy trial.
During Monday’s news conference, attorney Kathryn Marshall, who is representing the plaintiffs, said the kinds of injustices laid out in the lawsuit happen to victims every day in Canada.
"We're standing in front of the Supreme Court of Canada today because it's very important to recognize that is a problem that started here and it's a problem that the government must fix," said Marshall. "We're ready to go and we are ready to fight this and it's up to the government to do the right thing.”
Published by GuelphToday: https://www.guelphtoday.com/local-news/guelph-woman-joins-landmark-intimate-partner-violence-case-against-federal-government-10465383