Nunavut prosecutors reflect on 6 months of dedicated sexual violence team

It's been six months since the launch of Nunavut's sexual violence prosecution team, and those behind it say they've made some big strides. 

Emma Baasch, senior counsel on the team, said increased communication with other agencies — like Victim Services and RCMP — has been key.

Another priority, she said, is making contact with victims much earlier.

Anne Crawford practices as a lawyer at Iqaluit Law Chambers.

In the past, she said victims she spoke to sometimes heard nothing from their Crown lawyers for months.

"That's very scary and many cases were withdrawn because of a lack of a connection with a Crown lawyer, with a known face and person," she said.

But now, Baasch said the team of six lawyers is proactively reaching out to other agencies, to get the necessary information earlier to begin the legal case.

"Now, the benchmark is 10 days [after an arrest] and by and large, we're managing to do that every single time," Baasch said. 

Connection with a witness co-ordinator

The first person those victims often hear from are Crown witness co-ordinators like Jimmy Paton. 

She's one of nine dedicated to the sexual violence prosecution team. 

Her job is to build trust — especially among Inuit. So instead of going straight to questioning, she said she begins with an introduction of herself.

"Our mother tongue is strong, and sometimes they do trust other Inuit," she said. 

"This is very important because we're the ones who are going to the community and we are talking to them about very personal stuff."

With Nunavut's communities being so remote, she said victims often have "nowhere to hide." So a big part of her job is to make sure victims are safe throughout the process.

"Our concern is someone hearing … or if the accused is there." 

Two years of the N.W.T. team

A dedicated sexual violence team has been in place in the N.W.T. Public Prosecution office since May 2022. 

The team of two will expand to three in the new year.

Alex Godfrey, the chief federal prosecutor, said keeping the same lawyers and witness co-ordinators on a sexual violence file is his priority, even as his office goes through staffing changes. 

"It's important to be able to only tell your story once, to tell your story to one person and to not have to relive the trauma," he said. 

The job of a prosecutor in sexual violence cases has become more difficult in recent years, he adds, due to a "sea change in the way sexual violence is prosecuted". 

For starters, there are more applications for Crown and defence counsels to use text or online messages at trials, which is designed to protect complainants. 

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"That will involve both the accused and the victims … to have their views put before the court," he said.

"A lot of the changes are positive … but it adds to the complexity of the matters." 

Crawford believes having dedicated staff to sexual violence cases could help with those delays, but it could take a "wholesale review by Canada of the laws of evidence" to address the deeper issue. 

Bringing down sexual violence cases 

Ultimately, the goal is to reduce the number of sexual violence cases.

The lead prosecutor of Nunavut's team, Stephanie Boydell, said that requires a multi-agency approach. However, as a sexual violence prosecution team, they can play a part in that by delivering stronger prosecutions. 

"The message [that will send] to the community is that we're not going to tolerate this type of behaviour," she said. 

"We're hoping a year from now, when some of these files may be going to trial, that we're going to see the benefits ... of a stronger investigation leading to a stronger prosecution."

Crawford said creating a change in attitude around how sexual violence cases should be treated takes time.

"We have to hold the Crown to what they're telling us they're doing," she said.

"This is not short term, this is long term."