ATHABASCA — Since mid-January, Legal Aid Alberta (LAA) has been working on a new program to help mitigate the trauma sexual assault victims experience trying to navigate through the judicial discovery process before trial.
Until now, it was typically not until trial that the complainant was informed by the judge that the accused has applied to seek evidence about private medical records; sexual history, including any history with the accused; text messages; e-mails et cetera. This would leave many victims more traumatized and could cause a delay in the trial, explained Danny Lynn, senior advisory counsel for LAA.
“What we have done is we've have had discussions with the Alberta Crown Prosecution Service to try and speed up the process of getting legal counsel for the complainants in sexual assault trials,” he said. “It's to avoid trial delay and speed up the process and to make sure that the victim's legal rights are safeguarded, to make sure that they have the information that they need to have.”
It is a very stressful process, he explained, and since complainants usually do not have a lawyer because the case is prosecuted by the Crown, they are unprepared to handle the application and prevent a delay to the trial to the point the charges could be stayed.
“Chances are the complainant would not have a lawyer. I know a lot of people think that the Crown is the complainant's lawyer but the Crown is not the complainant's lawyer, the Crown represents the interests of the community or the state,” Lynn said.
The rules of evidence are complicated in sexual assault trials and sometimes the accused asks the judge for permission to discuss the complainant’s sexual history or show the judge or jury any evidence they feel could discredit the accusations.
"We came to this arrangement where the Crown prosecutor that's handling one of these cases is aware that this might happen in a particular case, either because they've reviewed their case and they've seen all this is potentially a problem or they've had discussions with the defence counsel, and the defence counsel has raised it, then the Crown prosecutor can fill out a referral form on behalf of the complainant, and send it to Legal Aid well in advance of the trial,” said Lynn.
Acting upon that referral LAA will provide the complainant with legal counsel to advise them of their rights and the potential use of the requested information at trial as well as the impact it may have, offering 10 hours of free legal advice and support.
“There is victim services through the police agencies, which may provide them with assistance, but not in the form of legal advice,” he said. “To get legal advice they come through Legal Aid and we get them a lawyer to give them that advice.”
Lynn added one of the potential goals is when protecting an individual’s privacy interests and when they feel supported, it may lead to more reporting of sexual assaults.
If you are a victim of sexual assault you can call 911 if you are in immediate danger or, call or text Alberta’s One Line for Sexual Violence: 1-866-403-8000.
