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The Ontario government will launch a $2.8-million pilot project offering free legal aid to people sexual assault complainants.
The initiative comes as the justice system is under increased public scrutiny for how it handles sexual assault cases following the acquittal of former CBC Radio host Jian Ghomeshi.
Beginning later this spring, people living in Ottawa, Toronto or Thunder Bay who allege they have been sexually assaulted will be able to apply for four hours of free legal counsel.
The program does not offer representation during the trial process but is instead meant to educate survivors about the services available to them and what to expect should they take their case to a civil or criminal court.
“We want survivors to be informed and feel supported when interacting with the legal system and we believe that this pilot program will take us a step closer to reaching that goal,” said Brendan Crawley, spokesman for Attorney General Madeleine Meilleur.
The first witness in the Ghomeshi trial, Linda Redgrave, said she thinks her case would have gone much differently if she had had legal advice before reporting her case to the police, but she doesn’t believe this project goes far enough.
“Given what I went through, four hours will give you enough to say your name, tell your story, and ask a couple questions. It won’t do much,” she said.
Anne London-Weinstein, president of the Defence Council Association of Ottawa, is also skeptical of the project, but for different reasons. She said the money allocated to the project could be better spent elsewhere in the justice system.
“Complainants in sexual assault cases already have quite a bit of support,” she said. “Maybe those people (who provide support) can be better trained, I don’t know, but there are people that are dying in jail. There are needs that are so dire and limited resource dollars.”
Redgrave said she would like to see the criminal justice system reformed to deal with sexual assault cases using principles from restorative justice. Complainants now may retain lawyers to advise them outside of the courtroom, but only the defence lawyer and the Crown prosecutor have standing in the courtroom.
“You’re completely alone on the stand,” says Redgrave. “Marie Henein has 25 years’ experience, and I have zero. So it’s just me, a lay person, against her. It’s ridiculous to have a victim witness being attacked by a seasoned professional.”
Carleton law professor Rebecca Bromwich said complainants’ lawyers should also be able to question witnesses and bring evidence. These kinds of changes would fall under federal, not provincial, jurisdiction.
“The underlying principal is that the accused requires the ability to speak back against the power of the state,” said Bromwich. “I think the Ghomeshi case highlights that it’s complainants who need an opportunity to speak back against the power of the prevailing understanding of sexual assault and of memory.”
Bromwich said the pilot program is a great initiative but only a partial response.
“I think the fact that the Ontario government is willing to put money behind ensuring complainants have counsel speaks to the fact that there is a social need for them to have a less passive role in the proceedings. And if complainants have counsel, why do they have to be silent? Why can’t we have a process that actually lets that counsel have a voice in the courtroom?”
London-Weinstein said giving complaints’ lawyers standing in court would unnecessarily complicate things.
“The Crown is not the witnesses’ lawyer but in representing the interests of the public the Crown makes sure that the complainant’s privacy interests and their dignity are not trampled upon,” she said.
“I do not see a role for complainants’ counsel in any criminal trial.”
The pilot project is part of the provincial government’s $41-million dollar strategy to combat sexual assault and harassment. It is expected to run for two years, at which point the Attorney General will decide whether to expand it to the rest of the province.
查看原文...
The initiative comes as the justice system is under increased public scrutiny for how it handles sexual assault cases following the acquittal of former CBC Radio host Jian Ghomeshi.
Beginning later this spring, people living in Ottawa, Toronto or Thunder Bay who allege they have been sexually assaulted will be able to apply for four hours of free legal counsel.
The program does not offer representation during the trial process but is instead meant to educate survivors about the services available to them and what to expect should they take their case to a civil or criminal court.
“We want survivors to be informed and feel supported when interacting with the legal system and we believe that this pilot program will take us a step closer to reaching that goal,” said Brendan Crawley, spokesman for Attorney General Madeleine Meilleur.
The first witness in the Ghomeshi trial, Linda Redgrave, said she thinks her case would have gone much differently if she had had legal advice before reporting her case to the police, but she doesn’t believe this project goes far enough.
“Given what I went through, four hours will give you enough to say your name, tell your story, and ask a couple questions. It won’t do much,” she said.
Anne London-Weinstein, president of the Defence Council Association of Ottawa, is also skeptical of the project, but for different reasons. She said the money allocated to the project could be better spent elsewhere in the justice system.
“Complainants in sexual assault cases already have quite a bit of support,” she said. “Maybe those people (who provide support) can be better trained, I don’t know, but there are people that are dying in jail. There are needs that are so dire and limited resource dollars.”
Redgrave said she would like to see the criminal justice system reformed to deal with sexual assault cases using principles from restorative justice. Complainants now may retain lawyers to advise them outside of the courtroom, but only the defence lawyer and the Crown prosecutor have standing in the courtroom.
“You’re completely alone on the stand,” says Redgrave. “Marie Henein has 25 years’ experience, and I have zero. So it’s just me, a lay person, against her. It’s ridiculous to have a victim witness being attacked by a seasoned professional.”
Carleton law professor Rebecca Bromwich said complainants’ lawyers should also be able to question witnesses and bring evidence. These kinds of changes would fall under federal, not provincial, jurisdiction.
“The underlying principal is that the accused requires the ability to speak back against the power of the state,” said Bromwich. “I think the Ghomeshi case highlights that it’s complainants who need an opportunity to speak back against the power of the prevailing understanding of sexual assault and of memory.”
Bromwich said the pilot program is a great initiative but only a partial response.
“I think the fact that the Ontario government is willing to put money behind ensuring complainants have counsel speaks to the fact that there is a social need for them to have a less passive role in the proceedings. And if complainants have counsel, why do they have to be silent? Why can’t we have a process that actually lets that counsel have a voice in the courtroom?”
London-Weinstein said giving complaints’ lawyers standing in court would unnecessarily complicate things.
“The Crown is not the witnesses’ lawyer but in representing the interests of the public the Crown makes sure that the complainant’s privacy interests and their dignity are not trampled upon,” she said.
“I do not see a role for complainants’ counsel in any criminal trial.”
The pilot project is part of the provincial government’s $41-million dollar strategy to combat sexual assault and harassment. It is expected to run for two years, at which point the Attorney General will decide whether to expand it to the rest of the province.
查看原文...
