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Hello, I am calling upon the Government of Canada to grant adult victim-complainants of sexual offences the choice in whether to have a publication ban that protects their identity. Petition e-4192 closed on 10 March 2023, with nearly 5,000 signatures from across the country. It's clear that Canadians view this issue as important and want to see a change! Prosecutors can request a publication ban to protect a victim-complainant of a sexual offence under section 486.4 of the Criminal Code of Canada. However, prosecutors typically do not advise, inform, nor request consent of a victim-complainant when a ban is placed on their identity. The law does not require that the Court or prosecutor inform a victim-complainant at any time before, during or after proceedings, that a ban has been placed on their identity. As a result, many victim-complainants are unaware that a ban is in force. They are also not advised of the legal repercussions and penalties for breaching their publication ban when speaking publicly or privately about their experience. The maximum sanction for breaking a publication ban, even unwittingly, is a maximum fine of $5,000 and up to two years in custody. This concerns the informed choice and consent for victim-complainants. These limits placed on victim-complainants by the legal system prevents them from speaking about their experience. Section 486.4 publication bans, when unwanted, are paternalistic, and reinforce a sense of shame, as well as the notion that anonymity always means protection. Victim-complainants also need support, information, and help from advocates who understand the utility and function of a publication ban for those who want one. Unwanted publication bans can also give the impression that the offender or accused is protected and might actually serve to benefit from a restriction and limit that prevents a victim-complainant from communicating about the offence and harm experienced. I request that the Government of Canada provides victim-complainants with the following with respect to section 486.4 publication bans: 1. Allow victim-complainants to attribute their own experience of sexual offences without being charged; 2. Grant adult victim-complainants of sexual offences a choice in the application of a 486.4 publication ban; 3. Produce comprehensive, accessible, multi-lingual, and public information about 486.4 publication bans on government websites; 4. Simplify the process to lift a ban at any time before, during, or after court proceedings without the services of a lawyer; and 5. Allow victim-complainants to opt out of a 486.4 ban on the Victim Impact Statement form. Please support a victim-complaint’s right to choose if they want their name and story to be attributed. Please help push for much needed changes in the Canadian system that provides survivors of sexual offences a simplified process to remove a publication ban if they so choose. Please protect victim-complainants from being charged for violating a Court order meant to protect their identity. You have the capacity to make a difference, and demand something better for those who choose to go through the legal system and seek justice for the harm committed against them. Please listen to the people who have been impacted directly, and be part of a meaningful change. Thank you!
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