By Catherine Fife, MPP Waterloo
Waterloo MPP Catherine Fife addresses the media on May 14, 2024 after the government delayed her Private Members' Bill, Bill 189, also known as Lydia's Law.
Under Doug Ford’s government, the justice system is failing hundreds of survivors of sexual violence.
In 2022 alone, 1,326 cases of sexual assault were disposed of before their trial date. Survivors didn’t get their day in court, and those accused of this crime walk free.
We know that sexual violence disproportionally impacts women, girls, and gender-diverse people. Premier Ford’s shameful underfunding of the system that’s supposed to help them is worsening their trauma.
The Ford government, which claims to be “tough on crime,” has repeatedly starved the justice system of strategic resources. Four years ago, they chose not to renew $1 million in funding to rape crisis centres. The phrase “sexual assault” was not even mentioned in the 2022 or 2023 provincial budgets, despite a significant increase in sexual assault offences during that time period.
More than 80% of sexual assaults go unreported because the justice system has proven to be a hostile place for survivors, and one that unnecessarily retraumatizes them. For those who have the courage to come forward, court backlogs, the unavailability of courtrooms, and staffing shortages mean that many cases don’t make it to trial.
Since 2016, 86 Ontario sexual assault prosecutions have been thrown out because of Jordan’s Principle, which mandates that cases must be concluded within 18 months. Oftentimes, cases cannot be heard in this timeframe simply because of the administrative delays caused by underfunding.
To fix this mess, Bill 189 – Lydia’s Law – was written, inspired by a brave young woman who survived sexual assault and courageously shared her struggles in navigating Ontario’s broken justice system. Lydia asked for my help because she did not want others to endure what she went through.
While drafting this legislation, Lydia was constantly at the front of my mind. Through stakeholder consultations, I learned just how broken and retraumatizing Ontario’s justice system can be for survivors.
Unfortunately, Lydia’s story is echoed by many survivors across the province. Lydia’s Law would expose the system’s flaws, while holding the Attorney General accountable. This is exactly what the Auditor General recommended in 2019 – yet 5 years later, the fight for basic access to justice continues. Increasing transparency in the handling of sexual assault cases would reveal what is causing delays and help to remove those barriers.
Right now, one of those barriers is the Ford government. On May 14th, the day before Lydia’s Law was due to be debated at Queen’s Park, they silenced debate by sending the bill straight to Committee. Then-Government House Leader Paul Calandra claimed this would “expedite” the process, but experience suggests otherwise. Another of my bills has been languishing in Committee for more than 609 days – and Lydia’s Law is at 60 days and counting. It’s a cynical – and unusual – tactic the government uses to ensure that bills they don’t care about don’t become law.
The NDP has fought this abuse of power again and again, but when the Conservative government controls the legislative schedule, they wield the power to decide what gets prioritized and what doesn’t. For some reason, Lydia’s Law and supporting the survivors of sexual assault just isn’t a priority to them.
First, Lydia was denied her voice by the justice system; now, she’s being denied her voice by the callous decisions of this government. When governments silence the people’s representatives, they undermine our democracy.
Sexual assault survivors deserve a judicial system that responds with speed and compassion. Sexual assault survivors deserve justice. We won’t stop fighting for Lydia and the countless survivors like her, because I know a more just justice system is possible.