Marshall has partnered with End Violence Everywhere (EVE) to launch JordanChallenge.ca to highlight and bring attention to their ground breaking case against the federal government to set aside the “Jordan” decision in cases of intimate partner violence and sexual assault.
You can visit the site at: JordanChallenge.ca.
21 survivors of intimate partner violence are suing the Canadian federal government, asserting their Charter rights have been violated due to backlogs in the court system allowing tens of thousands of abusers to walk free without having to go to trial every year.
The lawsuit filed in the Federal Court argues that the Government of Canada has unjustifiably infringed the plaintiffs’ rights under sections 7 and 15 of the Canadian Charter of Rights and Freedoms.
The claim centers on the impact of R. v. Jordan, the 2016 Supreme Court of Canada decision that imposed presumptive ceilings of 18 months (provincial court) and 30 months (superior court) between charge and trial. When those ceilings are exceeded, courts must presumptively stay the charges – a remedy the plaintiffs argue has been weaponized by accused abusers, at the direct expense of survivors’ safety and access to justice.
The Jordan ruling and the Government’s inaction and negligence have caused a crisis in our judicial system.
As a result of the Jordan law, over 56% of cases are stayed due to trial delays exceeding the 18 or 30-month time limits. Significantly, 30% of Intimate Partner Violence cases are also stayed, highlighting a critical issue for victims. Moreover, Sexual Assualt and Intimate Partner Violence cases make up half of the cases in the Canadian criminal justice system but only 5% of the cases result in a conviction.
Nearly half of the female population experience Intimate Partner Violence in their lifetime, and one in four women will face severe forms of Intimate Partner Violence, such as physical assault, sexual assault, and stalking. Sexual violence is even more prevalent—one in three women will experience some form of sexual violence during their lifetime. In Canada, the majority of Intimate Partner Violence and Sexual Assault cases take over 30 months to be resolved.