Ep. 088: Sexual Assault and the Courts

Guest: Carol Baird Ellan, judge

"I don't see the Jian Ghomeshi case as a poster case for the need to change the system."

That is according to Carol Baird Ellan, former British Columbia Provincial Court Chief Judge. "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... The complainant and the defendant come to the court with the same degree of credit; that's the requirement of the criminal law."