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Everybody Loses: The Canadian Sexual Assault Trial

In this powerful and provocative presentation, Professor Peter Sankoff confronts one of the most pressing issues in Canadian criminal law: the slow-motion collapse of sexual assault trials into a procedural and structural quagmire. Drawing on his research as a professor and his real courtroom experience , Sankoff argues that well-intentioned reforms have created a system that is no longer delivering justice—for complainants, for the accused, or for the public.

At the heart of the problem is complexity. What began as a necessary response to the mistreatment of sexual assault complainants has evolved into a parallel legal system—one that is uniquely combative, legally incoherent, and deeply inefficient. Sexual assault trials now take longer, cost more, and offer less clarity than ever before. And no one is spared the consequences.

Complainants must endure prolonged and often retraumatizing legal battles. Accused persons face stigma and legal hurdles that undermine the presumption of innocence. Crown prosecutors are overwhelmed by procedural demands. Judges must navigate a confusing and inconsistent body of law, while being at risk of reputational damage any time they decide on a case. And defence lawyers, caught between professional risk and unclear evidentiary rules, face enormous pressure just to provide competent representation.

Sankoff identifies three sources of this crisis:

• Substantive confusion about the meaning of consent and the role of the accused’s mental state;

• Procedural explosion caused by the operation of ss 276 and 278.92 of the Criminal Code—provisions that have turned pretrial hearings into full-scale legal battles; and

• Structural dysfunction that discourages resolution, increases trial times, and strains already overburdened justice system resources.

Through case examples and consideration of the relevant jurisprudence, Sankoff shows how delay, confusion, and inconsistency are now routine. The system, he argues, isn’t broken by accident. It’s the predictable outcome of legal rules and structures we’ve put in place over the past 30 years.

This talk is not a complaint. It’s a call to action. Sankoff challenges lawyers, judges, policymakers, and the public to confront the uncomfortable truth: the system we’ve created is not working. Justice is being delayed, distorted, and in many cases, denied.

If we are serious about protecting complainants, preserving fundamental legal principles, and restoring public confidence in the courts, reform is essential. The first step is admitting the scope of the crisis.

This presentation is essential viewing for anyone involved in criminal justice—lawyers, judges, students, policymakers, and academics alike. It will change how you think about sexual assault law in Canada. And it will make clear why we must begin the difficult task of rebuilding a system that serves the interests of all.

Watch now!

A modest Win-Win Proposal

In this video, Professor Sankoff takes a stab at fixing one of the core problems with sexual assault trials: the fact that they are taking too long to complete, and the fact that delay is caused by the sheer volume of pre-trial applications required. This is a “modest” proposal designed to make things better. It is not a complete fix, but it is “win/win” in that the only party that really loses from this proposal is those who love delay.

Watch now

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