Sexual Assault Victims in Canada: In Canada, survivors of sexual assault continue to face systemic barriers that keep justice out of reach. From powerful men in uniform and media to celebrity figures and athletes, court delays and legal loopholes have repeatedly denied closure to victims who dared to speak up.
In 2018, a sexual assault case in Saskatoon was stayed by the appeals court due to delay. In 2016, former CBC host Jian Ghomeshi was acquitted despite multiple survivor testimonies — a case that triggered national debate on how courts treat victims of sexual violence.
In 2023, sexual assault charges against retired lieutenant-general Trevor Cadieu, dating back to the 1990s, were delayed over disclosure issues and never reached trial. More recently, in the high-profile Hockey Canada 2018 case, five former members of the national junior hockey team — Dillon Dubé, Cal Foote, Alex Formenton, Carter Hart, and Michael McLeod — were acquitted of sexually assaulting a woman in a London, Ontario hotel room.
Justice Maria Carroccia ruled that the Crown failed to prove the woman’s evidence beyond a reasonable doubt, stating her testimony was “not credible.”
In another major case, a judge stayed all charges against Peter Nygard, the disgraced fashion mogul, finding his Charter right to a fair trial had been breached after police failed to retain key records from the 1990s.
In yet another disturbing example, a South Asian woman who accused her stepfather of sexually assaulting her as a child saw her charges stayed — again, because of delay.
Hundreds of Cases, No Justice
These are not isolated examples. According to a Canadian Broadcasting Corporation (CBC) report, 268 sexual assault-related cases have been stayed since 2016 due to unreasonable delays.
That was the year the Supreme Court of Canada introduced the “Jordan ruling”, setting strict timelines for trials — 30 months for Superior Court cases and 18 months for provincial and youth courts.
The ruling was meant to protect the accused’s constitutional right to be tried within a reasonable time. But for survivors, it has come to symbolise a deeply flawed system — one that prioritises the accused over the abused.
The long wait for justice leaves survivors battling trauma, anxiety, and depression. And when the charges are stayed or dismissed, the pain intensifies — with no verdict, no apology, and no acknowledgment of harm.
The Hockey Canada Verdict: When the System Fails Survivors
The Hockey Canada case became a national reckoning moment. A young woman, identified only as EM to protect her identity, alleged that she was sexually assaulted by five players in a hotel room in 2018.
Justice Maria Carroccia ruled the Crown failed to prove the case beyond a reasonable doubt and deemed the woman’s testimony “not credible or reliable.” The acquittal sparked outrage and reignited public debate on how survivors are treated by the justice system.
“The System Protects the Accused, Not the Victim”
To understand the pattern behind such outcomes, SAIN spoke to Simona Jellinek, Senior Counsel with the Toronto-based Sexual Assault Lawyers’ Alliance.
On the Hockey Canada Case
“The criminal standard of proof in Canada is beyond a reasonable doubt, which is a very high bar,” Jellinek explains. “I can understand how the judge came to her conclusion, but I disagree with how harshly she characterised the complainant — key aspects were missing.”
She points out that criminal trials differ greatly from civil ones:
“In a criminal case, the accused cannot be forced to testify. In civil proceedings, they can — and cross-examination often reveals truths that remain buried in criminal trials. Here, only the complainant faced cross-examination.”
Jellinek notes that trauma research offers critical context that courts often ignore. “Victims sometimes freeze or fawn — a trauma response where they comply to avoid harm. In this case, a young woman trapped in a room with five large men couldn’t have fought them off. It’s tragic that less than two percent of sexual assault cases lead to conviction.”
Stereotypes and the Myth of the ‘Perfect Victim’
In both the Ghomeshi and Hockey Canada cases, survivors’ credibility was aggressively attacked.
“Questions like ‘Why did she call her assaulter back?’ or ‘Why didn’t she fight?’ are based on outdated stereotypes,” says Jellinek. “Movies and media have created the myth that a victim must resist to prove it wasn’t consensual. In reality, trauma can cause paralysis — or even attempts to reestablish contact.”
She acknowledges that while public understanding is improving, courtroom attitudes still lag behind. “Judges and juries often expect a ‘perfect victim’ — calm, consistent, and unemotional. Real survivors rarely fit that image.”
Civil vs. Criminal Courts: An Imperfect Choice
Asked whether victims should turn to civil courts instead, Jellinek says that’s an option — but one with limits.
“Most victims don’t know they can file civil suits. Criminal trials can send the accused to jail; civil cases can only award money — and only if the accused can pay. But in my 30 years of experience, not one survivor wanted money over accountability. They just want acknowledgment and justice.”
She recalls one survivor telling her, “He got four years, but I got life.”
Racialised Women Face Additional Hurdles
For women from racialised communities — including South Asians — cultural pressures add another layer of silence.
“In many South Asian families, reporting sexual abuse means risking family honor or social ostracism,” Jellinek explains. “I had a client who told her mother that her uncle was abusing her — instead of being protected, she was ostracized.”
Although Canadian police have started outreach programs in immigrant communities to encourage reporting, shame and fear still discourage many from coming forward.
A Justice System in Need of Reform
Are Canada’s sexual assault laws strong enough? Jellinek doesn’t think so.
“The laws themselves are fine — the process is the problem,” she says. “Victims are subjected to intense, often humiliating cross-examinations. Defence lawyers exploit every inconsistency. In some European countries, sexual assault victims have trauma-informed procedures — something Canada urgently needs.”
She adds, “The way EM was cross-examined and how harshly the judge dismissed her testimony likely set her healing back years. Our system retraumatises the very people it should protect.”
When ‘Justice’ Feels the Same Across Borders
While these cases expose the cracks in Canada’s judicial system, the struggle for sexual assault survivors is far from unique. Across South Asia — in India, Pakistan, Bangladesh, and Nepal — similar patterns persist: delayed trials, victim-blaming, and low conviction rates.
In India, for instance, National Crime Records Bureau (NCRB) data shows that only around 25–30% of rape cases end in conviction. Survivors face years of trial delays, social stigma, and character assassination — echoing the very frustrations voiced by victims in Canada.
Both regions share a common crisis: systems that prioritise legal procedure over emotional truth and societal accountability.
The Road Ahead: Toward Trauma-Informed Justice
Canada’s judicial system prides itself on fairness and due process. Yet in sexual assault cases, this ideal often translates into protection for the accused rather than empathy for survivors.
With hundreds of cases stayed and conviction rates below 2%, survivors are left with lingering trauma and no closure.
Until both Canada and South Asian countries adopt trauma-informed, survivor-centered justice, the promise of equality before law will remain unfulfilled.
For too many, justice is not denied in a courtroom — it’s buried under its delays.
Key Takeaways
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Over 268 sexual assault cases have been stayed in Canada since 2016 due to delays.
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The Jordan ruling often protects the accused more than the victims.
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Conviction rates in sexual assault cases remain below 2% in Canada and 30% in India.
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South Asian women face additional cultural barriers to reporting abuse.
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Experts call for trauma-informed legal reform to restore faith in justice systems.