Conversations That Matter - Ep 88 - Sexual Assault and the Courts

Episode 88

Carol Baird Ellan - Sexual Assault and the Courts

Conversations That Matter features former Chief Judge of the BC Provincial Court says, “I don't see the Jian Ghomeshi case as a poster case for needs to change the system. Having said that, I don't think survivors are well-served by our current system for a number of reasons.”

Baird Ellan appreciates the outcry following the verdict in the first Ghomeshi case. She says “part of the reaction was because so many complainants are telling the truth. They need to be believed when they come in with the complaint, and when it's investigated, and when it's presented by the Crown. That all needs to be accepted and they need to be facilitated in presenting their evidence in the best way possible. The point where that doesn't function is in court. There's no presumption of guilt. There's no presumption of believability on the part of the complainant. She, usually she, but the complainant and the defendant come to the court with the same degree of credit; that's the requirement of the criminal law.”

Due to the adversarial nature of our courts it frequently comes down to the fact the best legal teams work for defendants with deep financial resources.

Conversations That Matter is a partner program with the Centre for Dialogue at Simon Fraser University. Join veteran Broadcaster Stuart McNish each week for these important and engaging Conversations shaping our future.

Please become a subscriber and support the production of the program at www.conversationsthatmatter.tv