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e-4749 (Justice)
E-petition
Initiated by Tanya Couch from Terra Cotta, Ontario
Original language of petition: English
Petition to the Government of Canada
Whereas:
- Section 278 of the Criminal Code currently allows a person who has been charged with sexual assault to apply for access to their victim's private and confidential records for which the victim has a reasonable expectation of privacy;
- For a victim of sexual assault, the threat that their private clinical notes and/or personal journals will be included in court proceedings and given to the accused is frightening given the magnitude of this potential privacy violation;
- Functionally, a request for access to ongoing clinical notes cuts off a survivor's access to mental health supports during the court process, when they need it most;
- It is worth noting that the release of such documents to the defence opens the survivor up to continued harm by the accused, long after the court process has completed; and
- The accused should be tried on the evidence of the case, gathered by the police to support the charges that were laid. A victim's personal records, unless part of the original evidence, are not relevant to the crime that was committed against them;
We, the undersigned, citizens and residents of Canada, call upon the Government of Canada to unconditionally protect the privacy and safety of victims of sexual assault and eliminate the provision in section 278 that allows the defence to subpoena these personal sources of support. Even the threat of having a victims' personal records or private journals brought into court and given to the offender is undeniably harmful to the victim and undermines the proper administration of justice and access for both the offender and complainant to a fair trial.
- Open for signature
- February 12, 2024, at 2:02 p.m. (EDT)
- Closed for signature
- May 12, 2024, at 2:02 p.m. (EDT)
