Three women in a Nunavut sexual assault case want publication bans on their identities lifted as a May 1 hearing is set to address the issue.
Three women who reported allegations of historical sexual assault by the same individual in Nunavut say they want to speak publicly about their experiences, despite publication bans now in place in the criminal case.
The women are among the complainants in a case in which a man was charged earlier this year with multiple counts of sexual assault after an investigation into allegations spanning two decades, CBC News reported. A hearing scheduled for May 1 is expected to address the publication ban issue.
The case has drawn attention because the women hope to rely on 2023 changes to the Criminal Code that were designed to make it easier, in some circumstances, for complainants and witnesses to waive bans on publishing their names or information that would identify them.
“I am not ashamed for what someone did to me,” one of the women told CBC News. “It's not mine to carry, but theirs.” Another complainant said she had been open about what she alleges happened and argued the ban “only protects” the accused.
Publication bans are common in sexual assault cases and mandatory in some circumstances, including cases involving youth. They can prevent media outlets and others from publishing information that identifies complainants, witnesses or young people involved in the justice system. People covered by bans can also risk prosecution if they violate them.
Under the 2023 amendments, prosecutors must tell a person protected by certain Criminal Code bans that the ban exists and, in some cases, that they can seek to have it changed or lifted. The prosecutor can apply to the court, and the court may deal with the request without a hearing unless another person’s privacy interests could be affected. The accused is not permitted to make submissions on that application.
But the Nunavut case is more complicated than a single identity ban. Alessia Bongiovanni, a spokesperson for the Public Prosecution Service of Canada, told CBC News there are three publication bans in effect. One is tied to charges involving the accused when he was a youth and falls under the Youth Criminal Justice Act, which bars publication of information that could identify a person aged 12 to 17 involved in the justice system. Bongiovanni said that ban cannot be revoked or varied by complainants or witnesses because it is meant to protect the accused youth, even if the person is an adult when charged.
The complainants are also covered by the standard Criminal Code publication ban for sexual assault cases. A third ban, under Section 517 of the Criminal Code, applies to proceedings such as bail hearings and preliminary inquiries and limits publication until after a trial to avoid affecting a potential jury pool.
Nunavut RCMP removed media releases about the arrest and charges after the publication ban issue arose. Sgt. George Henrie told CBC News the force could not provide more information because an application for a publication ban was underway.
The complainants are being supported by the Amautiit Nunavut Inuit Women’s Association. Its president, Tara Qunngaataq Tootoo Fotheringham, said keeping the women’s names out of public view against their wishes can feel like another form of silencing.
Bongiovanni said a Crown attorney had not yet been assigned because officials were looking for someone without a conflict of interest in Nunavut, with that work expected to be finalized this week. The May 1 hearing is expected to clarify what, if anything, can change about the bans at this stage of the case.
Comments (0)