Remarks by Ombudsperson on Section 278.1 of the Criminal Code in Joint Press Conference

The section 278.1 regime was developed to protect the privacy rights of survivors of sexual assault. In 2022, the Supreme Court of Canada affirmed that it was constitutional, and that it balanced the rights of the accused to a fair trial. However, they also affirmed that judges must consider:

• Society’s interest in encouraging the reporting of sexual assault offences, and;
• Society’s interest in survivor access to treatment

The Canadian Victims Bill of Rights (CVBR) is quasi-constitutional legislation that further guarantees every victim the right to have their security considered and to have reasonable and necessary measures taken to protect them from intimidation and retaliation.

Today, Alexa and Tanya are bravely telling Canadians that these criteria are not met by the current section 278.1 regime.

Our Office has launched a national systemic investigation into how survivors of sexual assault are treated in the justice system. As Federal Ombudsperson for Victims of Crime, I believe these concerns are serious and require attention.

Survivor Safety Matters.

Benjamin Roebuck
Federal Ombudsperson for Victims of Crime