EP#205 | Bill C-16 EXPOSED: This New Law Could End Fair Trials (youtube.com)
'Protecting Victims Act' is the name of the bill. Politicians should not be able to name bills, right?
There is a new 'coercive control' crime, which is very broad.
Sexual assault cases have become very complcated (more than murder cases). Pretrial motions take longer to process in the system, and pass the Jordan Delay (about a decade in law now), violating the Charter right to a speedy trial (18 months or 30 months, during which time there is presumed to be prejudice, sheer stress, of being accused that long, as well as questions about the public's confidence in the government, and also questions about the effects on those that lay the charges and their families etc) and the cases are stayed (dropped). (But the PVA doesn't apply to only sexual assault cases.)
'No one is a victim until after it's been adjudicated in a court. ... Proved beyond a reasonable doubt, then there's a victim.'
It may force prosecution to really look at what cases should go to trial and which should be sort of funneled out of the system. And it may result in having again cases that take 2, 3, 4 years, and what is the value to society and anyone involved to have that kind of case?
The proposed legislation seems to lower the standards of evidence for the prosecution (but not the defense, so the defense would have a higher standard for their evidence).