Federal government wants to let sexual assault victims reject publication bans | CBC News

The federal government introduced legislation Wednesday that would change the Criminal Code to give victims of sexual assault the opportunity to opt out of publication bans. 

Publication bans are intended to protect sexual assault victims by prohibiting the publication of information that could identify them publicly in relation to their case.

But in December, the House of Commons justice committee tabled a report that called on the government to change the law so that publication bans are not imposed on victims without their consent.

The legislation introduced in the Senate on Wednesday would require judges to ask prosecutors if they’ve consulted victims on publication bans and also make changes to the process for revoking or modifying a ban.

December’s justice committee report — which received unanimous support from the committee’s MPs — followed a months-long study looking at how the government can improve supports for victims of crime.

In October, MPs heard from Morrell Andrews, a sexual assault victim turned advocate. She told the committee that a publication ban was placed on her name without her consent and she later had to fight to remove it — a process she called “humiliating.”

Andrews said she wanted the freedom to speak publicly about her experience. But doing so and breaking the publication ban would have meant facing criminal charges — with a potential maximum sentence of up to two years in jail and a $5,000 fine.

“They said this ban was in my best interest but I felt trapped,” she told the MPs.

Changes to sex offender registry

The new legislation also responds to an October Supreme Court decision that found requiring sex offenders to be added to the sex offenders registry automatically is unconstitutional.

A 2011 change to the Criminal Code required that sex offenders’ names be added automatically to the registry and also required anyone convicted of two sex offences or more to remain on the registry for life — meaning judges no longer had discretion on submitting names to the registry.

Canada’s top court struck down both of those provisions in the fall. 

The legislation introduced Wednesday would address the court’s ruling by requiring only that child sexual offenders and repeat offenders be registered automatically. All others would need to demonstrate they pose no risk to the public.

The legislation also would give judges discretion on the decision to add an offender convicted of two or more offences to the registry for life. If a judge determines that an offender does not pose a high risk of reoffending, the offender can be added to the registry for a limited time.

Prior to the 2011 change, a Crown prosecutor had to apply for a Sex Offender Information Registration Act (SOIRA) order and ask a judge to decide whether the offender should be added to the sex offender registry.

The court considering the order would have to decide if restricting the offender’s privacy and liberty was in the public interest.