Is
      Canada’s
      justice
      system
      an
      added
     
    
   
   
    
     
      abuse
      for
      sexual
      assault
      victims?
     
    
   
   
    
     
      Women,
      Ciscrrimimatiion,
      im
      tae
      Gurrts
     
     
      by
      Mark
      Brooker
      CUP)
     
    
   
   
    
     
       
     
    
   
   
    
     
      n
      August,
      Quebec
      Court
      Judge
      Luc
     
     
      Trudel
      dismissed
      sexual
      assault
      charges
     
     
      against
      Hussain
      Daher
      because
      the
     
     
      teenaged
      plaintiff
      refused
      to
      testify
      in
     
     
      open
      court.
      She
      had
      been
      gang-raped
      in
     
     
      April
      1992
      and
      four
      other
      men
      had
      already
      been
     
     
      convicted
      for
      participating
      in
      the
      assault.
     
     
      Trudel
      gave
      the
      woman
      several
      chances
      to
     
     
      change
      her
      mind
      about
      not
      testifying
      against
     
     
      Daher
      in
      public.
      At
      one
      point,
      he
      told
      her
      she
     
     
      was
      only
      hurting
      herself
      by
      not
      testifying.
     
     
      The
      other
      four
      men
      in
      the
      case
      were
      con-
     
     
      victed
      on
      the
      basis
      of
      the
      victim’s
      in
      camera
     
     
      (closed
      and
      private)
      testimony.
      Daher’s
      lawyer
     
     
      had
      also
      agreed
      to
      a
      closed
      testimony.
     
     
      However,
      in
      Daher’s
      case,
      Trudel
      exercised
     
     
      his
      right
      to
      disallow
      in
      camera
      testimony.
     
     
      Open
      trials
      are
      based
      on
      two
      principles.
      One
     
     
      guarantees
      the
      public’s
      right
      to
      know
      the
      justice
     
    
   
   
    
     
       
     
    
   
   
    
     
      system
      is
      fair;
      while
      the
      other
      is
      the
      accused’s
     
     
      right
      to
      know
      who
      his
      or
      her
      accusers
      are
      and
     
     
      hear
      their
      evidence.
     
    

    
     
      But
      on
      occasion
      the
      prosecution
      requests
     
     
      that
      testimony
      be
      made
      in
      private.
      The
      judge
     
     
      has
      the
      right
      to
      allow
      or
      disallow
      a
      closed
      court
     
     
      and
      to
      limit
      information
      released
      to
      the
      public.
     
    

    
     
      The
      dismissal
      of
      the
      sexual
      assault
      charges
     
     
      against
      Daher
      was
      met
      with
      public
      outrage.
      In
     
     
      late
      August,
      the
      provincial
      government
      renewed
     
     
      the
      charges
      againsthim.
      This
      summer
      wasn’t
     
     
      the
      first
      time
      Judge
      Trudel’s
      handling
      of
      a
     
     
      sexual
      assault
      case
      has
      been
      controversial.
      In
     
     
      1991,
      Montreal
      university
      students
      protested
     
     
      Trudel’s
      acquittal
      of
      a
      man
      charged
      with
      sexual
     
     
      assault
      at
      a
      fraternity
      party.
     
    

    
     
      But
      Trudel’s
      decisions
      are
      not
      unique
      in
      the
     
     
      Canadian
      justice
      system.
      Nor
      are
      lenient
      rulings
     
    
   
   
    
     
       
     
    
   
   
    
     
      Sometimes,
      the
      rulings
      and
      statements
      defy
     
     
      belief:
      a
      three-year-old
      girl
      in
      B.C.
      recently
     
     
      caused
      her
      own
      sexual
      assault
      by
      acting
      in
      a
     
     
      ““sexually
      aggressive
      manner’
      manner.
      In
      1988,
     
     
      a
      Sault
      Ste-Marie
      man
      was
      sentenced
      to
      90
      days
     
     
      for
      sexual
      abuse,
      to
      be
      served
      on
      weekends,
     
     
      because
      he
      was
      a
      ‘‘family
      man’’,
      while
      another
     
     
      Ontario
      offender
      got
      a
      reduced
      sentence
      be-
     
     
      cause
      he
      was
      from
      a
      ‘‘good
      family.”’
     
    

    
     
      Such
      decisions
      create
      a
      chill
      and
      deter
      women
     
     
      from
      placing
      trust
      in
      the
      Canadian
      justice
      sys-
     
     
      tem.
      This
      summer,
      the
      Canadian
      Bar
      Associa-
     
     
      tion
      (CBA)
      released
      an
      inquiry
      report
      which
     
     
      found
      that
      Canada’s
      legal
      system
      is
      rife
      with
     
     
      biases
      against
      women
      as
      victims,
      offenders,
     
     
      lawyers,
      and
      judges.
     
    

    
     
      Currently,
      judges
      have
      the
      option
      to
      attend
      a
     
     
      seminar
      on
      gender
      bias
      but
      as
      the
      CBA
      report
     
    
   
   
    
     
      in
      sexual
      assault
      cases
      mere
      isolated
      incidents.
      |
      sates,
      **The
      irony
      is...that
      those
      who
      need
      the
     
    
   
   
    
     
       
     
    
   
   
    
     
       
     
    
   
   
    
     
       
     
    
   
   
    
     
       
     
    
   
   
    
     
       
     
    
   
   
    
     
      8/X-Press/November
      18,
      1993