Writing Reasons in Sexual Assault Cases (2025 Edition)
OVERVIEW
Historically, sexual assault complainants in the Canadian legal system have faced skepticism and hostility. Courts once allowed invasive and distressing questioning of complainants, reinforcing harmful biases. However, significant legal reforms have been implemented to address these issues.
Recognizing the critical role of judges in shaping fair and informed decisions, recent amendments to the Judges Act encourage the Canadian Judicial Council to provide judicial training on sexual assault law and social context. Additionally, the Criminal Code now mandates judges to provide written reasons in sexual assault cases (s. 278.98), ensuring transparency and accountability in judicial reasoning.
This online seminar is designed to help judges formulate clear, well reasoned, and legally sound decisions in sexual assault cases while using sensitive and appropriate language. The seminar will focus on:
- Avoiding Harmful Stereotypes – Recognizing and mitigating the impact of biases, myths, and so-called common sense reasoning on credibility assessments.
- Expressing Credibility Findings Thoughtfully – Understanding the challenges of assessing credibility, particularly in cases involving vulnerable complainants.
- Language and Tone in Judicial Reasoning – Using precise, respectful language to promote fairness, avoid re-traumatization, and support healing.
- Structuring Judicial Reasons – Exploring how to frame both oral and written reasons effectively, considering what appellate courts look for in review.
The training was of impressive quality with speakers of unrivalled expertise.
— The Honourable Karine Giguère, Associate Coordinating Judge of the Montreal Criminal Division
Seminar Structure:
The seminar will feature a combination of:
- Lectures by Judges — Experienced judges share their insights on best practices and emerging challenges in adjudicating sexual assault cases.
- Small Group Discussions & Exercises – Interactive discussions on common reasoning errors and credibility assessment challenges. Participants will use a hypothetical fact pattern to identify judicial reasons.
Bilingual program with simultaneous interpretation.
Compensation for judges:
Participation in this program is approved under Section 41 (1) of the Judges Act.
Schedule: 11:00 AM – 5:00 PM (Eastern Time)
GUEST SPEAKERS
Keynote Speaker (pre-recorded video)
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The Honourable Justice Andromache Karakatsanis, Supreme Court of Canada Judge Andromache Karakatsanis was appointed to the Supreme Court of Canada in October 2011, following distinguished judicial and administrative positions in Ontario. A graduate in law from the University of Toronto and Osgoode Hall Law School, she practiced in criminal, civil, and family litigation. She played a pivotal role in administrative justice reform and was recognized for her contributions in this field. © Jessica Deeks Photography, Supreme Court of Canada Collection |
CO-CHAIRS
- The Honourable Justice Suzanne Boucher, Ontario Superior Court of Justice
- The Honourable Justice P. Colleen Suche, Court of King’s Bench of Manitoba; CIAJ’s Past President
REGISTRATION
This program is for judges. To register, please contact the Project Manager of Judicial Programs, Vicki Gondek:
Tel.: 514-731-2855
TERMS AND CONDITIONS
- Inability to attend may result in a registration being transferred to a colleague of the same organization up to 7 days before the Event. The request must be made in writing.
- Cancellation incurs processing fees as follows: $100 for cancellations 30 days or more before the event and 50% of the registration fee for cancellations 7 days or more before the event. No refund will be extended for cancellations made less than 7 days before the event.