Human Rights Tribunal Application for Ontario

• Right to file HRTO complaint about sexual abuse
• Right to legal representation and support
• Right to reasonable accommodations during proceedings
• Right to privacy protections
• Right to be free from retaliation

• Right to trauma-informed hearing procedures
• Right to support person during proceedings
• Right to request privacy orders
• Right to alternative testimony methods
• Right to flexible scheduling for therapy/medical needs

Support Persons: Survivors have the right to have a support person accompany them when testifying. This individual can provide emotional support, reassurance, and help alleviate anxiety during a potentially distressing experience.

• Example: A survivor may choose to have a trusted friend, family member, or counselor present during their testimony. This support person can provide comfort and serve as a reminder that the survivor is not alone in the courtroom. In some cases, courts have designated support persons, such as social workers or victim assistance coordinators, who are trained to assist survivors during the legal process.

To reduce direct confrontation with the accused and minimize potential intimidation, survivors may be allowed to testify via closed-circuit television or behind a screen. This measure helps create a more comfortable environment for the survivor, enabling them to share their experiences without facing the accused directly.

• Example: In a sexual assault case, a survivor might testify from a separate room equipped with video technology, allowing the judge, jury, and attorneys to see and hear them without the survivor being physically present in the same room as the accused. This option is particularly beneficial for survivors who may experience heightened anxiety or fear when in close proximity to the perpetrator.

Right to Submit Statements: Survivors have the right to submit victim impact statements during the sentencing phase of a trial. These statements provide survivors with a platform to articulate how the crime has affected their lives, which can influence the court’s sentencing decision.

• Example: A survivor may write a victim impact statement detailing how the assault has led to anxiety, depression, or difficulties in maintaining personal relationships. They might describe changes in their daily life, such as struggles to return to work, challenges with intimacy, or how the crime has affected their ability to trust others. This personal testimony allows the court to understand the broader psychological, emotional, and social impact of the crime on the survivor.

Safety in the Courtroom: Survivors have the right to feel safe and secure during court proceedings. If at any point a survivor feels uncomfortable, overwhelmed, or unsafe, they can request a break or discuss safety measures with their attorney or support person.

• Example: If a question from the defense feels particularly aggressive or triggering, a survivor may state, “I need a moment to breathe,” or formally request a break. The court recognizes that the emotional well-being of the survivor is paramount, and judges often accommodate such requests to ensure the survivor can participate without undue distress.

Protection of Sensitive Information: Canadian courts have established measures to protect the confidentiality of records related to sexual assault cases. This includes safeguarding sensitive information, such as medical records, therapy notes, or personal details shared during testimony, to ensure the survivor’s privacy is maintained throughout the legal process.

• Example: Under Section 486.4 of the Criminal Code of Canada, certain information about sexual assault victims cannot be disclosed publicly without their consent. This provision protects the identities of victims and witnesses, allowing them to participate in the legal process without fear of public exposure or retaliation. Furthermore, the judge may issue orders to restrict access to specific records or evidence that could compromise the survivor’s privacy.