Alberta’s minister of justice has introduced legislation this week that would eliminate a two-year time limit survivors of sexual assault currently have to file civil legal action against their assailant.
Minister of Justice and Solicitor General Kathleen Ganley made the announcement about Bill 3 on Tuesday (March 7) at the Sexual Assault Centre of Edmonton before tabling the bill in the legislature.
“Right now in Alberta, if a person was to sue for these types of assaults, an action must be started within two years following the event,” Ganley said. “This legislation removes that barrier by no longer forcing those impacted to come forward before they are ready.”
If passed, Bill 2 – An Act to Remove Barriers for Survivors of Sexual and Domestic Violence, would remove the limitation periods for claims of sexual assault, sexual misconduct involving a minor, intimate relationship or dependent and non-sexual assault involving a minor, intimate relationship or dependant.
By including domestic violence in the legislation, Ganley said the changes not only bring Alberta in line with how other provinces treat limitation periods for sexual assault, but puts it at the forefront of the issue when it comes to intimate partner violence.
“These changes will make Alberta a leader in Canada in addressing sexual assault and sexual misconduct in intimate partner relationships,” she said.
Ganley said victims of sexual and domestic violence, if the legislation passes, can come forward when they are ready to make a civil claim, instead of being forced to take legal action because of time limitations.
“The decision to move forward is extremely personal and can be difficult for survivors,” she said. “Survivors should be empowered to come forward on their own terms; they should not be forced to come forward based on a deadline imposed by the legal system.”
If passed, the legislation is retroactive, meaning a victim who may have waited too long to take civil action in the past, would be empowered to do so if they felt that was right for them.
Association of Alberta Sexual Assault Services CEO Debra Tomlinson welcomed the legislation, saying that one of the biggest challenges of addressing sexual assault is that it continues to remain under a veil of silence and is under reported.
“In Canada, most survivors never reach out for help and some never tell anyone,” Tomlinson said. “The cost for survivors is great, the cost to all of us is great. This legislation will help lift this veil of silence and I think it will encourage more to reach out for help.”
Elizabeth Halpin, a survivor of sexual assault, spoke at the press conference about her personal experience, having been assaulted in the spring of 2012. After spending a day in hospital giving evidence, and a following 18-month investigation that resulted in no charges being laid, the option of a civil case was no longer available to her.
“By the time I was well enough to consider pursuing a civil action, I learned it was too late and it felt like another door was slammed in my face,” Halpin said.
The change, she added, means victims won’t have to choose between focusing on the mental health effects of being a survivor of sexual or domestic violence, and justice.
“I finally feel like someone is on my side,” Halpin said. “Nothing can erase what happened to me or take away the sexual violence … but this gives us some control back over a horrible situation and maybe someone will believe us.”
Ganley noted that the burden of proof for a civil action is not as onerous as a criminal code charge of sexual assault. The latter involves a verdict that is beyond a reasonable doubt, whereas the civil action is decided upon a balance of probabilities.
“The burden of proof in the criminal system is a challenge and there is not a lot we can do about that,” she said. “But what this says is that we care about your experience and we hear you saying that not everyone is ready in two years and we are ready to take action on that front.”
YWCA Banff Bow Valley Harmony Project manager Reave MacLeod said providing survivors of sexual and domestic violence with more options is good news.
“People’s responses and reactions to trauma are completely different and why would we have a one size fits all or catchall legislation when literature and best practices show people are impacted in all kinds of way and it is different for everyone?” MacLeod said.
Supports are available in the Bow Valley for victims of sexual violence, whether it occurred in the past or present. Banff Mineral Springs Hospital and Canmore Hospital both have professionals available to the public during urgent mental health hours from 2-9 p.m. every day.
Calgary Communities Against Sexual Abuse has a 24-hour hotline (1-877-237-5888) available for anyone, regardless of when the assault took place. The support line also offers resources to family and friends of sexual assault survivors.
Bow Valley Victim Services is also a local resource that victims can access if they are in need of support. They can be contacted through their website, www.bowvalleyvictimservices.org or 403-760-0197.
The Harmony Project, MacLeod said, continues to work on identifying gaps in the Bow Valley for supporting survivors of sexual assault and has been offering training to groups like Banff Life, the RCMP and school counselors about how to better support those who come forward, no matter what happened to them or if they are considering reporting it or not to law enforcement.
“That is a decision that can only be made by the victim, it is your choice, even if you think it is the wrong decision,” MacLeod said.
More information about the YWCA Banff’s programs and services, including support for those affected by domestic violence, are available at www.ywcabanff.ca or contact 403-760-3200 for support.
