The final report, Rethinking Justice for Survivors of Sexual Violence: A Systemic Investigation, was released on November 19, 2025. Seeking to amplify the voices of survivors and victims of sexual violence, the report examined 10 broad topics. 

Reporting and Investigations 

• It is well-documented that the majority of survivors who are sexually assaulted choose not to report and/or engage with the criminal justice system. In Canada, only six percent of sexual assaults are reported to police. For those who do report, harmful investigative practices such as KGB statements leave survivors fearful of potentially facing criminal charges if they choose not to engage in the CJS, and does not consider the neurobiological trauma response survivors experience when they are sexually assaulted. KGB statements are cautioned, sworn, video recorded statements taken by police that include multiple warnings about criminal prosecution for lying, and references to long prison terms.
• In addition, the use and availability, or unavailability, of sexual assault examination kits (SAEK) were reported as compounding trauma, adding to investigation delays and creating unnecessary burden on survivors i.e., survivors being pressured to undergo a sexual assault exam and travelling hours to access a SAEK. 

R v. Jordan 

• R v. Jordan is a framework intended for assessing whether delays of more than 18 months for provincial cases and 30 months for federal cases in the prosecution process is unreasonable. R v. Jordan was reported as creating systemic problems for survivors by continuously increasing the number of sexual violence cases being stayed or withdrawn. Since 2016, 268 cases of sexual violence were stayed, leaving survivors with no sense of accountability and bringing about more harm than justice. 

Access to Therapeutic Records 

• The “Third Party” records regime was enacted to uphold a balancing exercise by the courts before producing private records in cases of sexual assault. Third party records include psychiatric, therapeutic, counselling, child protection, social services, medical and police records. Private records include text messages between the accused, survivors’ friends and family members, and correspondence with other third parties, diaries or journals belonging to the survivor.
• The purpose of producing these types of records is to strike a balance between the privacy rights of the survivor and the rights of the accused to a fair trial. However, many survivors report that the threat and disclosure of their therapeutic records to defence counsel often leaves survivors in a position to choose between life-saving mental health care and engaging with the CJS. These records contain personal information such as other instances of sexual abuse, the deeply traumatic impact of the violence, efforts to rebuild their health after an assault, information about the reactions of others to the assault, and locations of safe houses or other places of safety — information they would not want to share with anyone, especially with the person who caused them harm.
• While the intention to produce these records is to maintain elements of fairness and privacy, the potential to violate survivors’ Charter rights and negatively impact survivors and their decision to access therapy and report to police is significant. 

Trial Fairness and Cross-Examination 

• Myths and stereotypes about survivors of sexual violence undermine the truth-seeking function of a trial, and cross-examination often leaves survivors feeling destabilized, re-traumatized, and humiliated. Coupled with the fact that survivors are frequently scrutinized, shamed, or disbelieved by the justice system, these disturbing patterns send the message that survivors should stay silent because there are no consequences or accountability for perpetrators.  

Testimonial Aids 

• Testimonial aids are tools that help survivors and witnesses testify in court. Testimonial aids include things like testifying via closed-circuit television (CCTV), using screens to prevent being seen by the accused, and allowing the presence of a support person or accredited support animal.
• Survivors face systemic barriers to accessing testimonial aids as aids are not automatically provided or offered, and survivors are not informed of their availability. In addition, defence counsel often challenge applications for aids, which forces survivors to prove why aids are needed. Testimonial aids are important as they facilitate trauma-informed survivor participation in court procedures. 

Victim Impact Statements, Sentencing and Corrections 

• A victim impact statement (VIS) is a written statement from a survivor that is presented to the court, shared with the defence and the accused, and used as evidence to inform the sentence of the accused. This is often one of the only moments in the CJS process when a survivor can share details of the impact of the crime in their own voice. However, VISs are often redacted at the discretion of judges who have the authority to determine if any portion of a VIS is inappropriate to protect the offender while limiting or eliminating the survivor’s voice.
  
• Under the Corrections and Conditional Release Act (CCRA), survivors are empowered to submit victim statements to the Correctional Service of Canada (CSC) and the Parole Board of Canada (PBC) once an offender is in federal custody. While they are entitled to submit information under the CCRA, survivors continue experiencing challenges with sharing information, reporting that they do not proactively receive information about their rights during sentencing and post-conviction stages which limits their ability to participate effectively in the correctional process within appropriate timelines.  
• Some provincial and territorial policies prohibit the use and access to Restorative Justice (RJ) and Transformative Justice (TJ) processes for survivors of sexual violence; RJ and TJ are routinely not offered or explained to survivors as an option. 

Legal Representation and Enforceable Rights 

• Survivors need access to independent legal advice (ILA) and independent legal representation (ILR) to reduce harms when engaged in the CJS and to ensure their rights are upheld under the Canadian Victims Bill of Rights (CVBR) and Charter rights. Unfortunately, these critical programs are subject to project-based funding models and currently there are no ILA services available in BC. 

Access to Services 

• Survivors continue to face barriers to accessing necessary services due to underfunding, regional disparities, and lack of information on what is available. 

Data and Accountability  

• In order to close systemic gaps and ensure accountability, Canada needs a coordinated and outcomes-based strategy to track sexual violence cases, measure progress and identify effective responses to sexual violence. 

Need for core funding for anti-violence programs in BC 

The report’s recommendations on Access to Services strongly aligns with EVA BC’s advocacy strategy to require core funding for anti-violence programs leading coordination initiatives. Specifically, recommendation 9.2 states:  

“Provide independent survivor advocates: The federal government should provide sustained operating funding to sexual assault centres to support access to independent, community-based survivor advocates. It should also fund Indigenous-led survivor advocate programs that reflect the needs of Indigenous communities.” 

The OFOVC’s report acknowledges that the gaps in availability and accessibility of services reflect gaps within larger structural issues such as “insufficient funding, fragmented service delivery, jurisdictional challenges, and different standards across Canada…”. Precarious funding was also found to have “limits to the level of impact it can have on wait times in front-line services,” and that “funding has not consistently been reaching community-based sexual assault centres on the ground.” 

The short-term and cyclical nature of current funding models create challenges both for survivors and those delivering critical front-line services. While demand in services steadily rises, “underfunding of the GBV sector also has a direct impact on the well-being of workers and their families, jeopardizing the availability and quality of services for survivors.”

The urge to declare and treat GBV as an epidemic and allocate appropriate and necessary levels of funding were not only described in the OFOVC’s investigation, but were also echoed in Dr. Kim Stanton’s 2025 Independent Systemic Review: The British Columbia Legal System’s Treatment of Intimate Partner Violence and Sexual Violence, and the 2023 Mass Casualty Commission Final Report. EVA BC is continuing this advocacy work and working closely with the provincial and federal government to address the national epidemic of GBV in our province. 

For more information about the Office of the Federal Ombudsperson for Victims of Crime and the investigative report, please visit their website.