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Are you considering pursuing justice through the legal system but don’t know where to begin? You’re not alone. The legal justice system can be confusing and difficult to navigate. But there are services available that can help you by providing free, independent legal advice. Sometimes you just need to talk to a professional and know your options before going forward. Our Legal Aid section provides individually sourced legal services and specialized programs for survivors of domestic abuse, sexual assault, and other forms of violence. These services are available remotely or in-person based on region. If you have any questions, we encourage you to visit the websites provided to learn more.

Established by the Sexual Assault Support Centre of Waterloo Region, this program supports survivors of sexual violence throughout their legal process. From start to finish, the Sexual Violence Legal Advocacy program offers a variety of services to assist those seeking justice, including case management, assistance with documents, court accompaniment, and more.

This is a free service open to all genders. Visit their website below to learn more and access their intake form today.

Do you know of any free legal services for survivors of gender-based violence? Let us know.

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Our website provides general information that is intended, but not guaranteed, to be correct and up-to-date. The information is not presented as a source of legal advice. You should not rely, for legal advice, on statements or representations made within the website or by any externally referenced Internet sites. If you need legal advice upon which you intend to rely in the course of your legal affairs, consult a competent, independent attorney. Vesta Social Innovation Technologies does not assume any responsibility for actions or non-actions taken by people who have visited this site, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed.}

Restorative Justice

Everyone has different ways of healing; there is no one “right way.” Sometimes we find comfort in those around us, and sometimes we simply find comfort in our own homes. While the obvious solution when seeking justice may be to rely on legal institutions, such as prisons or courts, that may be difficult for many. Another option you may not be aware of is restorative justice.

What is Restorative Justice?

Restorative justice (RJ) focuses on repairing the harm caused by looking and thinking about crime using a holistic, collaborative, and humanizing approach. It views crime not only as a violation of the law but also of people, relationships, and communities.

RJ can be requested by victims of a crime; however most programs require the voluntary participation of the offender and that they accept responsibility for their actions. This method of justice holds the offenders responsible for their actions by providing parties affected by the crime an opportunity to address their needs and to seek a resolution that can amend the wrongdoing, thereby preventing further crime, harm, and victimization.

When effectively used, restorative justice can lead to better outcomes for victims and offenders, and reduce the number of cases that go to trial.

How Is Restorative Justice Different From Transformative Justice?

Restorative justice is an alternate model of the justice process where victims, communities and offenders affected by an injustice have an opportunity to discuss how they have been impacted and decide what should be done to repair the harm. Within the RJ model, offenders are asked to acknowledge their crime and attempt to atone for it.

While coming from the same background as restorative justice, transformative justice (TJ) seeks to change the larger social structure as well as the personal structure of those involved. Transformative justice wants to inform victims with answers as to why they were victimized, recognizing the wrong that has occurred, providing restitution, and establishing peace.

Both TJ & RJ concepts are essentially reaching for the same goal. Transformative justice (TJ) is a political framework and approach for responding to violence, harm and abuse. Restorative justice is an approach focused on repairing harm that’s occurred in a community by using techniques that involve all parties; the victim, the offender, their social networks, justice agencies, and the community.

Is Restorative Justice the Right Choice for You?

Restorative justice can be used with varying programs at multiple stages of the criminal justice process. Please inform yourself on the options available to you before making a decision, as always it is best to consult a legal professional to fully understand the implications before you make a decision.

Most RJ programs are not equipped to deal with serious cases involving power inequalities, such as domestic violence. Some programs have developed partnerships with appropriate supporting agencies to offer RJ in some of these cases, but that is not the norm.

Many of the programs available through RJ require the voluntary participation of the offender and that they accept responsibility for their actions. Some, but not all programs, require the participation of victims. Programs can take place at different stages of the criminal justice process. For example, some programs may require the offender to plead guilty, others may take place after charges have been laid. Some initiatives take place after conviction, but before sentencing occurs (pre-sentence programs), while others take place after an offender has been sentenced (post-sentence programs).

Below is a list outlining different types of restorative programs available throughout Canada, as provided by the Correctional Service of Canada Dispute Resolution Unit.

Types of Restorative Justice Programs

Victim Offender Mediation Programs (VOMP)
Trained mediators bring victims and offenders together in a safe and structured setting to discuss the crime, its impact, and any agreement to address it. The offender is afforded opportunities to make apologies, provide information, and to develop reparative plans and gain insight for personal growth. More indirect variants also exist where there is instead an exchange of letters or videos between the victim and their offender.

Surrogate Victim/Offender Restorative Justice Dialogue
A victim or an offender may choose to meet with someone who committed a similar crime, or who was similarly victimized, instead of meeting with the specific offender or victim in his or her case. The surrogate victim/offender dialogue has proven beneficial to many victims who want to experience a restorative meeting, but who for whatever reason cannot bring themselves to meet the offender in their case.

Circles
Similar to mediation, however they involve community members such as family in addition to the victim and offender.

Circles of Support and Accountability
Groups of volunteers, often from the faith communities, that form a “covenant” with a released high-risk sex offender. For its part, the Circle helps provide a healthy environment for the ex-offender by advocating with various systems, dialoging the ex-offender about his attitudes and behaviours, and mediating concerns with the community. The victim’s participation is not required.

Healing Circles
Ceremonies intend to bring conflict to a close, they allow the participants to express their feelings, and indicate that the offender and victim have undergone personal healing.

Sentencing Circles
The victim, offender, family, and community members, meet with a judge, lawyers, police, and others to recommend to the judge what type of sentence an offender should receive. The victim and the community have the opportunity to express themselves, address the offender, and may also take part in developing and implementing a plan relating to the offender’s sentence.

How to Get Connected to a Restorative Justice Program

Referral to RJ programs in Canada can occur at various entry points within the criminal justice system – pre-charge (referral by police), post-charge (crown), pre-sentence (courts), post-sentence (corrections), or pre-revocation (parole).

Accessing Services through the Restorative Opportunities (RO) Program is available to people harmed by the offence requesting to communicate with the offender who caused the harm. Services provided by the RO program are available to registered victims, victim representatives acting on behalf of registered victims, and non-registered victims impacted by the crime.

If you are interested in Restorative Opportunities, you may contact the Restorative Justice Division at 1-877-730-9673 or by email. You can also call CSC’s Victim Services Division toll-free at 1-866-806-2275, where the call will be directed to the appropriate Victim Services Officer.

Benefits of Self-Defence

Coping with traumatic events is never an easy process. Being able to heal and process difficult events such as sexual assault can be very painful and disturbing to do so. Many individuals try and find ways to prevent re-victimization and turn to self-defence to cope with the threat of potential sexual violence. They also use this as a method to protect themselves from future harm. Although talk-based therapy is evidently helpful for many survivors, it’s also important to consider how physical therapy such as self-defence training enables survivors to feel more empowered. Participating in this method of healing allows participants to learn and practice proactive responses to sexual assault threats and allows them to feel more confident about their surroundings.

A body of research has demonstrated that those who have experienced sexual assault and have decided to take part in self-defence lessons feel less afraid of their environments and have greater confidence tackling new situations. A research paper published in 1990 in the Journal of Personality and Social Psychology describes the results of a study where 43 women participated in a Model Mugging program. The training had occurred over a period of 5 weeks, and 27% of the participants had experienced sexual violence in their past. Before the program, the authors reported that these women had lower self-efficacy coping with threats of all kinds. Moreover, they displayed more vulnerable behaviour and were generally more avoidant. However, over time, they learned how to exhibit confident behaviour and how to properly deal with unwanted encounters. This indicates that these women were better able to identify safe situations versus risky ones and how to appropriately handle them. It also demonstrates that this form of healing does have positive results and is an effective method to combat post-traumatic stress disorders and other forms of anxiety.

Another benefit of taking self-defence lessons includes the ability to understand one’s own triggers and different levels of tolerance. Often, when people get comfortable with self-defence, they may request certain situations to test their boundaries and learn more about how they can better protect themselves. They can re-enact past events and learn to tackle them, which gives them confidence to build their tolerance levels. Moreover, since these enactments are repeated and drilled into the survivors, their comfort and confidence levels also increase.

Finally, after events such as these occur, many survivors tend to blame themselves. They question what they could have done differently or what they should have done to protect themselves. Some tend to believe that it’s their fault. In reality, it’s not their fault. Events such as these can happen no matter what precautions one may take. One common theme from survivors is that after taking self-defence lessons, many individuals do feel at ease and describe themselves as being in a much better place.

On more of a personal note, in my own high school, we had someone who taught self-defence come in for a Grade 9 gym class. During that period, he taught us basic self-defence skills and provided some advice on how to tackle potentially dangerous situations. Although this was years ago, I remember feeling empowered and confident after learning new tactics that taught me to be aware of my surroundings. Although this was an isolated lesson and change doesn’t happen overnight, I remember feeling exhilarated and confident.

Self-defence has been researched and proven to assist survivors in mental and physical healing. If you’re struggling and looking for something to help you heal, self-defence could be for you.

Luke’s Place Virtual Legal Clinic for Women

Located in Oshawa, Ontario, Luke’s Place is a non-profit organization dedicated to the safety and protection of women and their children as they proceed through the family law process after fleeing an abusive relationship. They created the Virtual Legal Clinic, which provides free legal advice to women in Ontario who have been subjected to intimate partner violence.

The clinic uses web-based video conferencing or the phone calls to connect women to directly to lawyers. If you are a self-identified woman in Ontario aged 16 years and older, you can use the clinic if you:

Do you know of any free legal services for survivors of gender-based violence? Let us know.

Barbra Schlifer Commemorative Clinic

Are you considering pursuing justice through the legal system but don’t know where to begin? You’re not alone. The legal justice system can be confusing and difficult to navigate. But there are services available that can help you by providing free, independent legal advice. Sometimes you just need to talk to a professional and know your options before going forward. Our Legal Aid section provides individually sourced legal services and specialized programs for survivors of domestic abuse, sexual assault, and other forms of violence. These services are available remotely or in-person based on region. If you have any questions, we encourage you to visit the websites provided to learn more.

This organization provides free legal representation in family and immigration law to women in the Greater Toronto Area who experience physical, sexual, or psychological abuse. They deal with multiple legal issues that include spousal assault (domestic violence), adult sexual assault, childhood sexual abuse, family law, and immigration and refugee law.

Do you know of any free legal services for survivors of gender-based violence? Let us know.

Jared’s Place Legal Advocacy Services

Are you considering pursuing justice through the legal system but don’t know where to begin? You’re not alone. The legal justice system can be confusing and difficult to navigate. But there are services available that can help you by providing free, independent legal advice. Sometimes you just need to talk to a professional and know your options before going forward. Our Legal Aid section provides individually sourced legal services and specialized programs for survivors of domestic abuse, sexual assault, and other forms of violence. These services are available remotely or in-person based on region. If you have any questions, we encourage you to visit the websites provided to learn more.

Jared’s Place Legal Resource Centre is a Hamilton-based organization for women who have experienced domestic abuse and are currently navigating the legal system. Their Legal Advocate is available to provide support, information, advocacy, and referrals on a variety of legal topics. They can also assist in creating safety plans, preparing documents, and attending court and other legal appointments with women.

In addition to their many services, Jared’s place has partnered with Legal Aid Ontario to provide the following:

You can connect with the Women’s Centre of Hamilton & Jared’s Place Legal Advocacy Centre at (905)-522-0127 ext. 207.

Do you know of any free legal services for survivors of gender-based violence? Let us know.

How Do I Know if I Have Been Sexually Assaulted?

What is Sexual Assault?

Sexual assault is any non-consensual sexual activity, such as unwanted sexual grabbing, kissing, fondling as well as rape.

Sexual assault can be experienced by any gender, within domestic partnerships, friendships, or with strangers. A common misconception is that sex workers can’t be assaulted, but assault can happen to anyone, such as a sex trade worker by a client. Some examples of what sexual assault looks like include rape, sexual abuse, sexual harassment, stalking, indecent exposure, degrading sexual imagery, cyber harassment, trafficking or sexual exploitation.

“My husband wants to have sex when he comes home drunk, I tell him I’m not in the mood but he pressures me anyway. He doesn’t remember what he’s done in the morning so I don’t make a big deal out of it.”

“When I was underage my babysitter asked if I wanted to practice kissing.”

“I was working as an escort and one of my clients forced himself onto me. Even though I said no he said he thought I was just playing along to the role play.”

“I play for a college basketball team, when the coach is alone with me he grabs me in places that make me uncomfortable. He always waits until I am alone.”

How Are These Experiences Defined in Canada?

Below are some definitions that can help identify how these experiences are characterized by Canada and the criminal code. This definition may vary in other countries like the United Kingdom, United States, and Australia. Please connect with local support if you are outside of Canada.

Rape: Any non-consensual penetration of the vagina or anus with any object or body part. Rape also includes penetration of the mouth with someones sexual organ without consent.

Sexual Exploitation: When a person in a position of trust or authority uses that power to start or attempt sexual activity with another person. It can be direct or indirect and may include touching, violence, coercion or the use of threats.

Voyeurism: The secret observation by any means or recording of any person for a sexual purpose, in circumstances where there is a reasonable expectation of privacy.

Cyber Harassment: The use of communication technologies such as the internet, social networking sites, websites, email and text messaging to repeatedly intimidate or harass others. This can include insulting or threatening emails, posts, spreading embarrassing or private photos online, and blackmailing an individual with private information.

Sexual Harassment: Defined by engaging in a course of unwelcome actions or words that are annoying, distressing or agitating to the person experiencing them. More than one event must take place for there to be a violation, however, depending on the circumstances, one incident could be significant or substantial enough to be sexual harassment.

The most common understanding of sexual harassment is conduct such as making passes, soliciting sexual favours, sexual touching, etc. However, the definition of sexual harassment also includes conduct that attack a person’s sexuality or conduct that is directed at a person because of their sex.

Generally, human rights law clearly recognizes that sexual harassment is often not about sexual desire or interest at all. In fact, it often involves hostility, rejection, and/or bullying of a sexual nature. Here are some examples of what sexual harassment can look like:

“At work, people comment on my sexual orientation and ask me inappropriate questions about what sex is like for me.”

“A friend of mine went through my phone and sent himself explicit photos of myself without my knowledge or consent.”

What About Consent?

Consent is actively and verbally expressing that you are into a sexual activity with someone. You cannot give consent while you are sleeping, or under the influence of drugs or alcohol. Consent can be withdrawn at any time and you do not need to explain why.

The law requires that a person take reasonable steps to find out if the other person is consenting. If you didn’t say yes, it’s not consent.

What About Minors?

Generally, the legal age of consent in Canada is 16, however there are varying ages of minority within each province. If you or someone you know is under 18 and experienced any form of sexual violence, it’s important to consult local support for help with your specific case.

The information below is a very brief guide to sexual violence as it pertains to individuals who are under age. Experiences involving minors may require additional support. This guide is meant for information only and does not replace legal advice.

Things to Know if You Are Under 18

In some situations, sexual activity with someone under the age of 18 is illegal. A person under 18 cannot consent to sexual activity if the other person has a relationship of trust or authority over them, or they are dependent on that person. Examples of people in positions of power can include teachers, a coach, babysitter, family member, religious leaders or doctors.

Things to Know if You Are Under 16 in Ontario

There are two exceptions to individuals under 16 who engage in sexual activity with someone close in age.

A young person 14 or 15 years of age can consent to sexual activity with someone less than 5 years older

A young person 12 or 13 years of age can consent to sexual activity with someone less than 2 years older.

These exceptions only apply if the older person is not in a position of authority or trust and there is no exploitation.

What if You Are Under 12?

Sexual Offenses Specific to Minors

There are specific offenses that only apply to minors. Remember that the definition of minors may vary according to province. The experience of the offenses below is considered sexual violence under the Criminal Code of Canada.

Invitation to sexual touching is inviting a child under the age of 16 to touch directly or indirectly, the body of any other person.

Sexual interference is touching a child under the age of 16, whether directly or indirectly, for a sexual purpose.

Providing sexually explicit material to a child is “grooming” a child using pornography in order to commit a sexual offense.

What is Grooming?

Grooming is the start of the sexual abuse process that involves building trust with a child, and the adults around them, in an effort to gain access to and control the child. This is a power play used to reduce the likelihood of the child disclosing details and increasing the likelihood the child will repeatedly return to the offender. Offenders groom adults around the child to make it easier to gain access to the child.

Luring a child is communicating with a young person using a computer in order to arrange or commit certain sexual offenses. Depending on the offense, the age of consent ranges from 16 to 18 years.

Benefits of Art Therapy

“Pictures speak a thousand words and art is a universal language.” As an art therapist, Natalie Foster believes art therapy provides survivors with an outlet that words may not. It is a form of expression that enables us to use our imagination to express how we are feeling. Not only does this form of healing tap into our sensory memories, but it also allows survivors to process trauma visually without having to state how they are feeling explicitly. Survivors are able to develop a coping mechanism that they are familiar and comfortable with.

Sexual assault can have various mental, physical and psychological impacts on an individual. By engaging with an art-based approach, survivors have the ability to boost their confidence and regain their self-esteem. It also focuses on empowering survivors and allows them to process feelings in a softer way.

People who have experienced traumatic situations are always asked to recall their stories for numerous justice system participants. Particularly, when they decide to report and take legal action in courts. Whether it be during the initial reporting stage or at trial, they are continuously going through the incident and relaying these painful memories. Not only does this take the survivor back to the incident, but also forces them to use words to explain a situation they are still processing. Undoubtedly, survivors need a coping mechanism to assist them through this time. Whether it’s music, dance, visual arts or drawing, any art medium allows an individual to find a sense of escape.

Using this approach in legal fields is also something I find very beneficial. Encouraging art therapists to speak with survivors and assist them during the trial and afterwards is an effective method of ensuring comfort and safety. Trauma memories can be very fragmented. As a result, there is natural tendency for many people to want to map out their feelings and make sense of the situations. By drawing or painting their memories and experiences, survivors have the ability to feel at ease with their memories. While your brain may shut down, your ability to communicate through images does not. It also has the effect of decreasing depressive symptoms and allowing anger to be redirected in other, healthier ways.

As someone who has recently taken up painting amidst the pandemic, I can say with confidence it allows me to decompress during stressful situations and be in touch with my creative side. Painting has allowed me to make portraits and images that reflect how I am feeling in the moment. Although I may be unable to express it through words, I feel at ease using the various brushes and colours to create an image. School can be very draining and mentally exhausting at times. For me, using art as a way to take care of my mental health has been reformative and effective. Whether it be after a tiring day or dealing with stress, I go to painting to allow me to feel a little more comfortable and use it as a medium to express my grief.

Art Therapy Room

What is art therapy, and how does it work? Although it has grown widely as a profession over the last few decades, art has been used as a vessel for healing, communication and self-expression for thousands of years. Art therapy allows people to tap into their sensory memories, and also allows survivors to process trauma visually without having to speak or write our explicit feelings.

It’s also important to note that having a background in art is never a prerequisite for art therapy. The point is not to create masterpieces, but to find a way to express yourself without the use of words.

Our individually-themed rooms are designed to provide online mental health and healing resources through an interactive digital painting. Whether you’re looking to relieve tension, seek mental health advice, stimulate your mind, or even discover a new pastime, we have a room suited to your needs. Explore our room here, or download it for later. Enjoy exploring! (view the room guide here)

Room Guide

Testifying at Sexual Assault Trials

Sexual Assault is far more common than many of us can imagine. A study from 2019* shows that sexual assault had the lowest rate of reporting of any crime, with only 6% of incidents having been brought to the attention of police. Another study** shows that about 30% of all Canadian women have been sexually assaulted outside of an intimate relationships at least once.

The discrepancy between the numbers is appalling. It’s well known that many women who experience sexual assault do not report the crimes because of the lack of confidence they have in our justice system. However, those who do choose to report and go through all the legal processes have frequently experienced the criminal justice system as an environment that re-traumatizes them. While there has been a significant positive shift in understanding how traumatic experiences such as assault impact a person’s life, there still needs to be a shift in the way we address and approach these situations.

When a sexual assault case goes to court, the victim is usually asked to testify. This process can be very overwhelming, as the victim is being asked to relive a painful memory. There are two main people who will question the victim in this process. There is the defense attorney, who represents the accused, and there is the crown attorney, who represents the state. In this situation, when you are testifying, the crown attorney may directly examine you and the defense may cross examine you. The cross examination tends to be the hardest as the attorney may ask you questions that you have been trying to forget and often, this tends to discredit your version of how the events unfolded. Trivial details or facts can be misinterpreted and twisted in a way that completely disregards your feelings and the reality of the situation.

On one hand, discussions of sexual assault and the seriousness of the crime are being discussed in court rooms which indicates a step forward in addressing gender-based violence. However, if cases don’t succeed or the accused gets away, the injustice that comes afterwards for the victim is extremely difficult. The huge lack of justice becomes evident for sexual assault survivors and because of the lack of support, many women may not come forward. Improperly decided cases are what contribute to the ongoing deficiencies in the justice system.

Society at large does not always understand reactions women have to sexual assault experiences. Unfortunately, these misunderstandings persist in the justice system and contribute to discounting experiences. One of the most effective ways to address these issues includes moving towards a trauma-informed criminal justice system. Essentially, this means understanding and considering how the brain processes trauma and memory loss when it comes to painful memories (see our blog post How the Brain is Affected During Trauma). This could potentially allow for more impartial decision making, more informed understandings of sexual assault, and a stronger understanding of how the brain reacts in situations like these. This could also aid those in the criminal justice system to avoid discrediting future events.

In order for women to report more, we need to make sure they feel confident they are being heard and their voices will not be ignored. While the criminal justice system has come a long way in rejecting certain defenses such as “implied consent” in court (e.g. the case of R. v. Ewanchuck), more needs to be done in society to make sure survivors are acknowledged and understood.

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Sexual Violence Legal Advocacy Program

Restorative Justice

What is Restorative Justice?

How Is Restorative Justice Different From Transformative Justice?

Is Restorative Justice the Right Choice for You?

Types of Restorative Justice Programs

How to Get Connected to a Restorative Justice Program

Benefits of Self-Defence

Luke’s Place Virtual Legal Clinic for Women

Barbra Schlifer Commemorative Clinic

Jared’s Place Legal Advocacy Services

How Do I Know if I Have Been Sexually Assaulted?

What is Sexual Assault?

How Are These Experiences Defined in Canada?

What About Consent?

What About Minors?

Things to Know if You Are Under 18

Things to Know if You Are Under 16 in Ontario

What if You Are Under 12?

Sexual Offenses Specific to Minors

What is Grooming?

Benefits of Art Therapy

Art Therapy Room

Room Guide

Testifying at Sexual Assault Trials