Posthumous Rescue: The Shafia Young Women as Worthy Victims

Sexual assault in Canada: law, legal practice, and women's activism

“…49 In May of 2008, the Law Commission released its review of the law concerning the extent to which a jury in a criminal trial is made aware of the prior convictions of an accused person and allegations of similar offending on their part.50 The commission received this reference as a result of public anger about the fact that the jury had not been permitted to know that Schollum and Shipton had been convicted of similar offences with respect to another complainant when they were tried for sexual offences with respect to Nicholas and the third complainant. Significantly, although the commission's response to its particular terms of reference was disappointingly conservative,51 it expressed strong dis- 48 After the report was released, the Commissioner of Police at the time, Howard Broad, said, "I find it difficult to express in words my feelings about these people for they have caused immeasurable damage to a number of New Zealanders that they had sworn to protect. I unreservedly and unequivocally apologise to the women who were caught up in the actions of those few officers [emphasis mine].…”

“…46 Others may hold contrary views.47 It is well-known, however, that regardless of which view is preferred from a strictly legal perspective, the general experience of women and children in Canada under the current arrangement is one of violation of their rights to security of the person and equal protection, benefit, and enjoyment of the law under ss 7, 15, and 28 of the Charter of Rights and Freedoms, as well as a violation of their human rights under international law, contrary to the obligations the government of Canada has assumed under international covenants and conventions. 48 In these circumstances, it is incumbent on the federal government to take concrete steps to assume its responsibilities for enforcement of the criminal laws prohibiting all forms of criminal violence, exploitation, and coercion against women and children.49 46 Carter examines the tension between the expectation that prosecutorial authority will be exercised in a quasi-judicial and hence apolitical manner and "indications from the provinces that prosecutorial resources will not be invested in certain federal criminal law initiatives which are 'politically' unpopular" (at 168). 47 See, for example, R v Catagas (1978), 38 CCC (2d) 296 (Man CA), concluding that an explicit policy of non-prosecution of Aboriginals hunting on Crown land in violation of the federal Migratory Birds Convention Act, RSC 1970, c M 12 was "a clear case of the exercise of a purported dispensing power by executive action in favour of a particular group" and, as such, was null and void on the ground that "the Crown may not by executive action dispense with the laws" (at 301).…”

“…This distinction merits critical examination. 48 See supra note 43, for example. 49 Given that the Supreme Court has held that the provincial Attorneys General exercise a statutory authority granted to them by the federal Parliament, the courts (federal and provincial) may be persuaded that judicial review of the reasonableness and propriety of the exercise of that statutory authority is available and appropriate in cases where the issues include failure to act.…”

“…47 Research that does not examine the complexities and breadth of lived experience, related to trauma and disability, plays into the victimology constructs that even we, as feminists, ascribe to disabled women. 48 Who tells/mediates our stories is also determined by the nature of our disability. Nannini speaks to women with intellectual disabilities who seek support; she argues that we must differentiate between support and "taking over" or "helping. "…”

“…"52 When pressed for concrete advice on just how to avoid being attacked by this rapist, the police provided a generic, if detailed, list of "basic tips" on how to properly secure doors and windows.53 Police officers rationalized the repetition of 48 disciplinary warnings directed at women, insisting that "[i]t would be extremely tragic if we didn't offer suggestions for personal safety and because we didn't, there were additional victims. "54…”