e-4749 (Justice)
Original language of petition: English
Petition to the Government of Canada
- Section 278 of the Criminal Code currently allows a person who has been charged with sexual assault to apply for access to their victim's private and confidential records for which the victim has a reasonable expectation of privacy;
- For a victim of sexual assault, the threat that their private clinical notes and/or personal journals will be included in court proceedings and given to the accused is frightening given the magnitude of this potential privacy violation;
- Functionally, a request for access to ongoing clinical notes cuts off a survivor's access to mental health supports during the court process, when they need it most;
- It is worth noting that the release of such documents to the defence opens the survivor up to continued harm by the accused, long after the court process has completed; and
- The accused should be tried on the evidence of the case, gathered by the police to support the charges that were laid. A victim's personal records, unless part of the original evidence, are not relevant to the crime that was committed against them;
- Open for signature
- February 12, 2024, at 2:02 p.m. (EDT)
- Closed for signature
- May 12, 2024, at 2:02 p.m. (EDT)