Hundreds of stayed sexual assault cases send chilling message to victims, advocates warn

When Danika went to the police in London, Ont., a few years ago, it wasn't just to hold her step-father accountable for the horrific sexual crimes she says he committed against her as a child. She also wanted to stop this man — now in his late 50s and working as a handyman — from harming other kids.

"It very much concerned me, the fact that he was going into people's houses with children," said Danika, 46, whose real name can't be made public due to a court-ordered publication ban. 

Going to the police was a big step for her. 

"I just don't trust and I'm scared a lot of the time," she said.

But in February 2024, more than two years into the criminal case, a judge stayed the proceedings after the defence filed a Jordan application, declaring her step-father's right to be tried within a reasonable time had been violated.

Just like that, the case was over. All bail conditions protecting Danika from the accused vanished instantly, leaving her with no way to appeal and no chance to hold him accountable in criminal court.

"I was devastated," said Danika, brushing her purple tinged hair from her eyes. "He's out there and could do this to anyone."

Danika's case isn't an isolated one. 

A national tally by CBC found at least 268 sexual assault-related cases have been stayed due to unreasonable delays since 2016. That's when the Supreme Court of Canada set strict timelines for trials to be completed: 30 months for Superior Court cases and 18 months for provincial and youth courts.

Victim advocates warn that when this happens it strips the complainant of legal protections, offers no accountability and sends a chilling message to survivors: Reporting these crimes could bring them more harm than justice.

"The system isn't there to protect you. It's there to protect the criminal," said Danika. "He's out there and could do this to anyone."

Patchwork of statistics

When CBC set out to count cases involving sexual violence that were stayed due to unreasonable delays, it received a patchwork of data from provinces and territories.

Figures had to be compiled separately through 13 ministries after Justice Canada, the federal department responsible for overseeing court proceedings in the country, confirmed it doesn't track these cases and in fact considers it "a responsibility of the provinces and territories."

After months of back-and-forth with provincial governments and territories, some were unwilling or unable to provide complete data.

Ontario has the largest population and by far the highest number of stayed cases in CBC's data, but it only provided numbers for the specific criminal code violation of sexual assault.

Stayed cases involving other charges such as sexual interference, exploitation and aggravated sexual assault are not included in its tally, despite repeated requests made to Ontario's Ministry of the Attorney General.

The five cases included for Newfoundland and Labrador were obtained through previous CBC research and only represent sexual offence cases stayed between 2016 to 2022. The province did not provide data for 2022-24. The Northwest Territories doesn't track the reasons for judicial stays.

'They've miscalculated the impact of this'

Several advocates working with victims of sexual violence suspect this inconsistent tracking hides the magnitude of the crisis — and the lasting impact on victims.

"That number seems low," said Angela Marie MacDougall, executive director of Vancouver's Battered Women's Support Services, referring to the 268 cases in CBC's dataset. 

"I would want our government to recognize that they've miscalculated the impact of this," said MacDougall.

Yamikani Msosa, the executive director of the Ottawa Coalition to End Violence Against Women (OCTEVAW), is also hearing from victims.

"Over 200 survivors, each one has a story," said Msosa, referring to CBC's dataset. 

"While that number may seem small to some, that is someone's entire life, and I think the message that sends is: This system is absolutely broken."

This is how the system is designed

Initially, the justice process gave Danika a sense of control over her situation, she said. But as the case progressed, she realized her role was that of a witness. 

"I didn't really feel a part of it at all," said Danika, "I didn't talk to the Crown attorney." 

But this is how the system is designed: The Crown does not represent the victim, it represents the public interest.

Danika's step-father was charged in 2022 with invitation to sexual touching, sexual interference and two counts of sexual assault — crimes that allegedly happened when she was between the ages of six and nine.

"A lot of trauma, a lot of nightmares," said Danika.

Then, a couple years into her case, Danika was asked to meet with the Crown attorney.

"He had bad news. He said that someone in his office had not handed in my paperwork on time and that my case was being dropped," said Danika. "He wouldn't even look at me."

'They're also putting other women at risk'

Danika's experience in the court system mirrors that of other claimants whose cases were stayed.

A Toronto-area woman in her early 30s met her boyfriend during the early, isolating days of the COVID-19 pandemic, which for months served to mask his true nature, she said.

With tears in her eyes and sleeves pulled down over her hands, Sally described to CBC the terror of intimate partner violence. CBC is referring to her as Sally due to a court-imposed publication ban.

Starting in 2021, Sally made multiple calls to police, on different occasions, leading to various court cases for alleged assault, forcible confinement and sexual assault.  

Sally testified in one trial, then months passed and time limits approached. A stay of proceedings due to unreasonable delays was granted in 2023.

"I was having suicidal thoughts and I just didn't know how to go on living in a world where I didn't feel safe at all," said Sally. "I just felt like they were giving the perpetrator, who is a repeat offender, a green light to go ahead and ... continue harming women."

Her former boyfriend still faces charges in Pembroke, Ont., court, and Sally has already been warned there will likely be a Jordan application in that case as well.

"They're not only putting me at risk by essentially telling a perpetrator that they can get away with this, they're also putting other women at risk," said Sally. 

• Most criminal cases in Ontario now ending before charges are tested at trial
• Double-booked courtroom, Crown delays lead to Ontario sex assault case being thrown out

Taking a toll on Crown attorneys

There are many reasons for delay in a criminal case in Canada. And placing blame on an overtaxed and under-resourced justice system is now well documented. 

While several victims CBC spoke to blame the courts and Crown attorneys for mismanaging their cases, these lawyers have their own frustrations.  

"It's emotionally difficult for the complainant, but it's really difficult for the Crowns that are preparing those cases as well, because all of the work that's gone into it up to that point is essentially wasted," said Donna Kellway, president of the Ontario Crown Attorneys Association.

"My members, they're doing their best to make sure that the public interest and public safety are protected, but it's extremely hard emotionally on them and it certainly takes a toll."

Kellway says it comes down to resources. 

"We need those resources, and not picking and choosing when rights are applied, because it's really important obviously that everyone's constitutional rights are protected," said Kellway.

Taking the issue seriously

"It puts another level of chill on the entire criminal system," said Angela Marie MacDougall.

Her group has been lobbying for change, writing letters to both federal and provincial attorneys general. 

For its part, the B.C. Ministry of Attorney General said late last year that it's also concerned by cases stayed due to delay. 

"We have taken this issue seriously and invested in transforming processes and increasing resources to prevent judicial stays," the ministry said in a statement to The Canadian Press.

In its latest email to CBC, the federal Justice Department said it recognizes these stays can "undermine public confidence in the administration of justice and can be devastating for victims of crime, including victims of sexual and gender-based violence."

'What does justice actually look like?'

What makes sexual assault cases stand out is that statistics show only a small percentage of victims ever report to the police — and even fewer see a conviction.

"The majority of survivors are not reporting, and so it begs the question of what does justice actually look like? What does accountability look like?" said Msosa.

OCTEVAW is looking at alternatives.

"Restorative justice and transformative justice models are things that people are leaning into. That's something that we're doing," said Msosa.

Danika says at a minimum, victims need to be warned this can happen.

"It may not go in your favour and you need to prepare yourself for worst case," she said. "You may be left with those feelings of being revictimized."

• Another Saskatchewan sexual assault cases stayed
• Judge stays sexual assault charges against Pictou County, N,S. man