Canada’s federal ombudsperson for victims of crime says the country’s justice system is failing survivors of sexual violence — often retraumatizing them and, in some cases, leaving them without justice after years of waiting.
At a press conference in Ottawa, Benjamin Roebuck released a sweeping report calling for immediate reforms to how police, courts, and governments handle sexual assault cases. He said too many survivors describe their experiences with the justice system as more damaging than the assault itself.
“Too many survivors told us that when they came forward, they were disbelieved, retraumatized and further harmed,” Roebuck said. “They’re silenced by myths and stereotypes, subjected to invasive cross-examinations, and left abandoned when cases collapse.”
Jordan Ruling Causing Cases to Collapse
A major concern, the report found, is the impact of the Supreme Court’s 2016 Jordan decision, which set strict timelines for completing criminal trials. Roebuck said one of the most severe consequences is that serious sexual assault charges — including those involving children — are being stayed due to delays.
Since the ruling, more than 268 sexual assault cases have been stayed across Canada. In 2022–23 alone, one in seven cases was stayed or withdrawn after exceeding time limits.
A judicial stay ends the case entirely, meaning the accused is neither convicted nor acquitted, and survivors receive no resolution.
Survivors Left in the Dark
The report found that many survivors were never informed that their cases could be stayed until after it happened, even if they had already testified publicly or endured aggressive cross-examination.
Roebuck is urging the federal government to amend the Criminal Code to provide clear guidelines for judges considering stay motions and to require that victims be informed when such motions are filed.
Therapy Records Used Against Survivors
The ombudsperson also condemned the longstanding practice of subpoenaing survivors’ private therapy and counselling records. Many are forced to choose between continuing mental-health support and pursuing justice.
Roebuck called this a “profound violation” of trust and said the Criminal Code must be amended to better protect therapeutic records. The mere possibility of disclosure, he said, prevents many survivors from seeking life-saving care.
Lack of Access to Evidence Kits
The report highlights significant systemic gaps, especially in rural and remote regions. It found that 41% of hospitals and health centres either lack sexual assault evidence kits or staff trained to administer them — leaving survivors without access to crucial forensic support.
Trauma of Cross-Examination
Survivors also described cross-examinations that lasted days and left lasting trauma. One described it as “a hell I will never forget or forgive. The system set me up for horror.”
Police, the report notes, sometimes warn survivors that reporting an assault may not be worth the emotional toll. Roebuck even cited a judge who publicly stated they would not recommend that their own child engage with the justice system if assaulted.
Ending Harmful Preliminary Hearings for Children
Roebuck is calling for the elimination of preliminary hearings in cases involving child victims, noting that children often endure the trauma of testifying twice — even though most sexual assault cases no longer require preliminary hearings.
“Because we classify offences against children as serious, it means they are the most likely to face the most harmful procedures,” he said.
Urgent Call for Reform
Roebuck’s report concludes that Canada’s current system is “unsustainable”, violates victims’ rights, and erodes public confidence. It urges the federal government to strengthen legal protections, reduce harmful court practices, improve forensic access nationwide, and ensure survivors are treated with dignity throughout the process.
The ombudsperson said the message from survivors was unequivocal: Canada’s justice system is causing preventable harm — and must change.