Allen / McMillan's submissions at the Supreme Court of Canada

On March 20, 2019, AMLC’s Greg Allen and Jorie Les appeared in the Supreme Court of Canada to make submissions on behalf of the Ending Violence Association of Canada (“EVA Canada”) who was granted leave to intervene in the appeal of a criminal case, R. v. R.V.

The appeal arose from an Ontario Court of Appeal decision that addressed the application of section 276 of the Criminal Code, often referred to as the “rape shield provision.” This section of the Criminal Code places certain limitations on an accused’s ability to adduce evidence regarding the complainant’s sexual history. The provision was enacted to combat myths and stereotypes that are often invoked in an effort to discredit sexual assault survivors.

Generally, the role of intervenors is to assist the Court by providing important and relevant contextual information which may not be raised by the parties to an appeal. Intervenors help the Court ensure that their decisions take into consideration relevant societal concerns, in addition to the applicable legal issues.

In this case, EVA Canada relied on its decades of experience providing various services to survivors of sexual assault to offer the Supreme Court of Canada information regarding the impacts that cross-examination on sexual history and other processes within the criminal justice system have on survivors of sexual assault. 

In its factum and submissions at the hearing, EVA Canada urged the Court to apply section 276 in a manner that prioritizes the personal dignity, privacy and safety of sexual assault survivors.  

Although progress has been made in recognizing the rights of survivors in the prosecution of sexual assaults, myths and stereotypes about sexual assault survivors are still prevalent today. EVA Canada is hopeful that its submissions in this case will serve to further protect the rights of survivors going forward.

AMLC is proud to undertake advocacy work on behalf of organizations like EVA Canada and is eagerly awaiting the Supreme Court of Canada’s decision on this important issue. We will provide a further update on this case when the decision is released.