After former CBC radio host Jian Ghomeshi was acquitted on all charges in a widely watched sexual assault trial, women鈥檚 advocates and politicians are proposing reform of the legal system.
However, at least one prominent legal expert says she doesn鈥檛 see the law as the problem.
University of Ottawa law professor Carissima Mathen told CTV鈥檚 Power Play that although many people disagree with the verdict, 鈥渨ithin the confines of the criminal law, which has very strict rules, a very high standard of proof鈥� this verdict is defensible.鈥�
Mathen said that because corroboration isn鈥檛 needed to prove criminal sexual assault, the judge must instead depend on complainants鈥� testimonies, which he found to be not credible in this case.
鈥淚f there鈥檚 information that comes forward that shows inconsistencies in their statements on the stand, that can be fatal,鈥� she said.
Asked whether the justice system needs reform, Mathen said that Canadian law is already 鈥渧ery progressive.鈥�
鈥淚 don鈥檛 think the problem is with the law,鈥� she added. 鈥淵ou can鈥檛 undo the presumption of innocence. You can鈥檛 force the accused to testify. Those are just non-starters in our system.鈥�
鈥淚 do think there has to be greater support to sexual assault complainants, and a recognition that the criminal law is the last resort,鈥� she said. 鈥淏y the time you get to the criminal law there has already been a failure.鈥�
Mathen said she thinks 鈥渢he worrying point is: why does sexual assault have a markedly low rate of reporting, prosecution and conviction (than other crimes)? What is it that presents those barriers?鈥�
Tracey Ramsey, an NDP MP for Essex in Ontario, told Power Play that she believes the overwhelming use of the hashtag #IBelieveSurvivors in response to the verdict is evidence that 鈥渢he system is broken鈥� and that sexual assault victims may need a 鈥渟pecial court.鈥�
鈥淭he justice system does not stand up for survivors of sexual assault and the system needs to be overhauled,鈥� said Ramsey.
鈥淲e need to have a system where (victims) are heard and they aren鈥檛 judged on the way they responded to their particular assault.鈥�
Some women鈥檚 groups, including METRAC (Metropolitan Toronto Action Committee on Violence Against Women and Children), have advocated for a special court where judges and prosecutors have special training on sexual assault cases.
Karina Gold, a Liberal MP from Ontario, said the federal government is committed to improve the criminal justice system, 鈥減articularly for victims of domestic violence.鈥�
鈥淭he Minister of Justice is going to be working with the Minister Status of Women to bring forward legislation that protects survivors of violence and children and ensures dignity and respect,鈥� she said.
One possibility Gold said that the justice department will consider is a change to the criminal code that reverses the onus of bail in repeat domestic violence instances.
Ontario Conservative MP Karen Vecchio told Power Play she believes that 鈥渋n many cases, the victim is the one put on trial.鈥�
鈥淲e鈥檝e got to be very cautious what we鈥檙e doing to our victims because we鈥檙e victimizing each and every time they鈥檙e on the stand,鈥� she said.
A statement from the Women鈥檚 Legal Education and Action Fund (LEAF) noted the judge鈥檚 finding that his 鈥渃onclusion that the evidence in this case raises a reasonable doubt is not the same as deciding in any positive way that these events never happened.鈥�
鈥淚t is clear that the criminal justice system is not the complete answer to addressing the sexual violence endemic in our society,鈥� the statement went on.
鈥淪ystemic changes are required to the justice system in order to promote and protect women鈥檚 equality, but we must also focus on prevention.鈥�
One of Ghomeshi鈥檚 accusers told Newstalk 1010 on Thursday before the verdict that she does not regret going ahead with criminal charges, 鈥渂ecause I know now that there is a big flaw, a big hole, this needs to change.鈥�
鈥淭his can鈥檛 go on like this,鈥� she said. 鈥淭rying sexual assault cases like this is just not right.鈥�
