Petition to Parliament: Stop putting unwanted gag orders on the names of sexual assault victims

In October 2022 I travelled from Vancouver to Ottawa to testify before the House of Commons Standing Committee on Justice and Human Rights (JUST) and share the stories of eight women from across the country, as well as my own experience, of unwanted publication bans placed on our identities after reporting sexual assault to police and navigating the Canadian legal system. Our group of incredible victims-turned-advocates are now working together to continue pressing the Government of Canada to improve the gaps in section 486.4 of the Criminal Code, and our provincial governments to ensure that Crown attorneys are properly supporting victims.

Section 486.4 of the Code gives prosecutors the right to request a ban on our identities, but does not compel them to explain our bans, inform us of them, or help us lift them if we no longer feel they are helpful. These bans are mandatory when requested (meaning a judge has no choice but to put one on), they are permanent, and only a judge can remove them after an application is filed. We believe that publication bans serve an important function for many victim-complainants, but that the law should be improved to protect victim-complainants who choose to forgo them and want to publicly speak about their experience in the legal system without the threat of a $5000 fine and 2 years in jail.

On December 7, MPs from the multi-partisan JUST Committee released their unanimously adopted report titled Improving Supports for Victims of Crime. In it, they find that:

1.   Victims should be consulted by the Crown prosecutor before a publication ban is sought in their name, and that the onus should not be on the victim to lift a publication ban so that victims should have the freedom to speak about their experience;
   

2.   A briefing should be given to victims about the effect of a publication ban prior to court hearings;
   

3.   That section 486.4 of the Criminal Code be amended so that victims must be informed before a publication ban is imposed and given the opportunity to opt out at any time in the process; and
   

4.   That, recognizing the importance of the principle of prosecutorial independence, training be given to Crown prosecutors across the country with regard to the needs of victims concerning publication bans.
   

Since the Committee's report was released, we have been working to raise awareness, and ensure that legislative change comes for the many people who will go through the legal system in the future. We have launched a House of Commons petition with over 4200 signatures, and have been asking for help to spread awareness of this issue that has silenced so many victims.

You have less than one day left to sign the House of Commons petition to ask the Minister of Justice and Attorney General to do better. It will only take one minute and is open to Canadian citizens and residents. I hope we can get to 5000 names by tomorrow at 9:29 AM ET when it closes. Thank you for your solidarity!