Landmark lawsuit launched by survivors of violence calls for changes to justice system

“Right now, the Jordan Decision is being weaponized against victims” – Kathryn Marshall

Marshall Law and a group of 14 brave survivors of sexual assault and intimate partner violence (IPV) announced the launch of a landmark Charter lawsuit against the Government of Canada.

The Plaintiffs allege that systemic failures by the Federal government, particularly since the

Supreme Court’s 2016 R v. Jordan decision, have caused severe injustice for victims and left dangerous offenders on the streets. 

The Jordan decision, intended to protect defendants’ rights to timely trials, has inadvertently led to the dismissal or staying of hundreds of sexual assault and IPV charges due to court backlogs, inadequate funding, and lack of proper policy guidance from the government. 

A staggering half of the cases in Canada’s criminal justice system are related to sexual assault or IPV, with only 5% of SA cases resulting in a conviction, and 30% of IPV cases being stayed because of the Jordan decision.

The Plaintiffs seek declarations that their Charter rights have been violated and demand immediate and systemic reforms.