Open Letter Re: Associate Chief Justice Lori Douglas

Norman Sabourin
Executive Director
Canadian Judicial Council
Ottawa, ON
K1A 0W8

1 December, 2014

RE: Associate Chief Justice Lori Douglas

We the undersigned are lawyers, law students, faculty members, and student organization executives from across Canada writing to express our deep concern and disappointment over the disciplinary inquiry of the Canadian Judicial Council into Associate Chief Justice Lori Douglas.

Problems with Inquiry

Inquiry Based on Discriminatory and Erroneous Notions:
The notion that a judge’s ability to adjudicate cases impartially would be affected by her choice to engage in private, consensual sexual expression is discriminatory and irrational. In Seaboyer, Madame Justice L’Heureux-Dubé, as she then was, succinctly and with great moral clarity explained the “twin myths” and why they have no place in Canadian jurisprudence. The primary myth engaged in this matter is that of reduced credibility [1]. These myths infringe the constitutional guarantee of equality. Clearly, though, as the case of ACJ Douglas establishes, some infected assumptions remain. That a woman expresses her sexuality in a consensual manner cannot give rise to questions of credibility or judgment. Sexual expression is a natural part of the human experience. Most judges properly keep private some part of their personal lives. ACJ Douglas’s sexual expression, a consensual, personal expression, which was intended to remain private, cannot lead to an inference that she is unworthy of public trust. Nor can its disclosure by a third party found a claim against her judgment. Even if the concern that the public’s opinion of a judge who takes nude photographs is undermined is well-founded, the Council should not have a hand in perpetuating discriminatory notions such as these.

Punishing the Victim:
Despite being the victim of cyber sexual harassment in the predicate incident to this inquiry, ACJ Douglas was the subject of a protracted, prejudicial, and deeply humiliating process. Her private, consensual sexual expressions were laid bare before her peers and the public. Not only was she being publicly humiliated, but the Council granted standing and funding to one of her victimizers.

The inquiry sends a troubling message to all victims of sexual assault and harassment. If even a victim who holds a position of authority cannot access justice, what chance has a more vulnerable victim? The under-reporting of sexual assault has reached crisis levels. Punishing a female judge who is a victim of cyber sexual harassment only serves to further discourage reporting of sexual offences.

Insistence on Viewing the Photographs
The insistence by Independent Counsel on viewing the photographs was callous and gratuitous. It exacerbated the damage to the victim’s privacy interests. Not only would it have re-traumatized the Justice, it could elicit no information relevant to the issues at hand. Independent Counsel’s insistence on the panel viewing the photographs flies in the face of the spirit of CJC By-Law 61.(2) which states that Independent Counsel shall act “in accordance with the law and counsel’s best judgment of what is required in the public interest.”

Proceeding with a Weak Case In Contravention of the CJC’s By-Laws
By its own admission, the case against ACJ Douglas was a weak one [2], but still, the panel pressed on. This contravenes the CJC’s By-Laws, specifically 50.(1) and 55.(1) which delineate the powers of the Chairperson of the Council and the Chairperson of the Panel, respectively, to close files if in their view, “the complaint is (a) trivial, vexatious, made for an improper purpose, manifestly without substance, or does not warrant further consideration; or (b) the conduct of the judge is inappropriate or improper but not serious enough to warrant removal.” When the only substantive allegation, namely that of sexual harassment, was abandoned, the CJC should have abandoned the entire inquiry.

Public Proceedings
The issues and materials being discussed were of a highly sensitive nature. It is commendable that in its commitment to openness and transparency, the CJC conducts public inquiries. There is, however, discretionary power to hold private inquiries, if it is found to be in the public interest. In s. 6.(1) of the CJC By-Laws, it is stated that: "[a]ny hearing of the Inquiry Committee shall be conducted in public unless, subject to subsection 63(6) of the Act, the Inquiry Committee determines that the public interest and the due administration of justice require that all or any part of a hearing be conducted in private." That discretionary power should have been employed in this case. The humiliation of a female judge who is the victim of cyber sexual harassment sends the wrong message to women in this country. If an inquiry was to be held, it should have been in camera. It is difficult to escape the suspicion that the CJC was prepared to make an example of ACJ Douglas on the basis of her private, consensual sexual behaviour.

Inquiry Out of Touch
We find that this inquiry has been out of touch with the times and with Canadian values. Women are sexual beings and are entitled to express their sexuality in various healthy ways. Nothing ACJ Douglas did was beyond the pale, inappropriate, or harmful. Given the recent incidents involving the non-consensual distribution of sexual images of young women who later took their own lives, the CJC should be mindful of the impact this inquiry will have on all women, particularly young women. Had these young women lived and decided to attend law school, would their victimization disqualify them for the bench? The non-consensual distribution of ACJ Douglas's photos would be in contravention to the amended s.162.1(1) of the Criminal Code proposed in Bill C-13, which was drafted, in part, as Parliament's response to the aforementioned incidents. The CJC Panel should have bore this in mind when deciding whether or not continue the proceedings against ACJ Douglas once the harassment allegations had been abandoned.

Comparison with Other Inquiries
Among the other judges who have been the subjects of inquiries, some have faced far more serious allegations, yet the tenor of those inquiries was not substantially more serious than in this one. The following is an illustrative example. Justice Dewar stated in relation to a sexual assault case that “sex was in the air”, and referred to the accused as a “clumsy Don Juan”. He made these statements while acting in his judicial capacity. His words hurt the complainants, undermined the public’s faith in the administration of justice, and added to the toxic discourse surrounding sexual assault which discourages complainants from coming forward. These are real and serious harms. A simple apology, participation in sensitivity training, and a reprimand from the CJC seemed to suffice for Justice Dewar to be redeemed. By contrast, the consequences of private, consensual sexual expression, unconnected to judicial duties, and wrongfully disclosed by others have led to the termination of ACJ Douglas’s judicial career.


ACJ Douglas’s Resignation
That ACJ Douglas felt the need to resign evinces the oppressive nature of this inquiry. The choice between being re-victimized and subjected to a profoundly unjust process on the one hand and resigning a post she loved and had rightly earned, on the other, cannot be described as a meaningful choice. The manner in which this inquiry ended leads one to believe that the existence of nude photographs disqualifies women from the bench.

The Chill Effect in the Digital Age
Many of us are of the first generation to have come of age in the digital era, and most of us have a digital footprint. Although we believe that sound judgment is an essential characteristic for lawyers and judges, we reject the notion that consensual sexual activity should give rise to questions of judgment. Young female lawyers and law students will think twice about entering practice or putting their names forward for judicial candidacy. Young women may even think twice about pursuing a legal career at all. The need for a representative bar and bench cannot be overstated. It allows for different perspectives to balance and shape Canadian jurisprudence, and it contributes to public faith in the justice system. The message to women is clear: if you express your sexuality, even in a private, consensual manner, you have no place in the legal profession. Canadian parents want to look at the judiciary and see a potential career for their children; they no longer see a place there for their daughters.

Moving Forward

In the spirit of openness and transparency, the Council should:

* correct the conclusion flowing from the manner in which the inquiry ended that the mere existence of nude photographs disqualifies women for the bench

* publicly apologize to ACJ Douglas for the humiliation she was forced to endure

We sincerely hope that the next time the Council is similarly tested, it will rise to the occasion, eschewing prejudice in all its vile forms, and pursuing its work with a view to shape the judiciary in the image of the society it serves.


Esther Mendelsohn, JD Candidate, 2016, Osgoode Hall Law School
Katelyn Scorer
Jordan Casey, Osgoode Hall Law School, Student
Natasha Donnelly, Windsor Law, 1L
Michelle Hayman, University of Toronto (2L)
Melissa Roque - Osgoode Hall Law School
Shannon Corregan, Osgoode Hall Law School
Jennifer Danch, JD Candidate, Osgoode Hall Law School
Danielle VanderEnde, Osgoode Hall
Charlotte Calon, Student, Osgoode Hall Law School
Desirée Lalonde, University of Saskatchewan College of Law, J.D. Candidate 2016
Brandi Rintoul, University of Saskatchewan College of Law, Student
Simon Wallace
Julie Trohimchuk, University of Saskatchewan, Law Student
Camille Labchuk, Barrister & Solicitor, Ontario
Roxana Parsa, University of Toronto
Lisa Kerr, JD (UBC), LLM, JSD (c) (New York University)
Noah Wernikowski, law student, University of Saskatchewan College of Law
Morgan Grant, University of Saskatchewan College of Law, J.D. Candidate 2016
Giancarlo Volpe, Osgoode Hall Law School, JD candidate
Kyle Kirkup, University of Toronto Faculty of Law, SJD candidate and Trudeau Scholar
Nicole Veitch, Osgoode Hall Law School
Lisa Jorgensen
Krisha Dhaliwal, UBC Faculty of Law, 3L Student
Andreea Andrei, Osgoode Hall
Kimberly Gillis, Osgoode Hall Law School, law student
Bob Tarantino
Michael Thorburn, Osgoode Hall Law School (student)
Sarah Gryba, University of Saskatchewan College of Law, J.D. Candidate 2016
Stefanie Kingsbury, University of Saskatchewan College of Law J.D. Candidate 2015
Jacquilynne Schlesier
Audra Ranalli, JD Candidate at Osgoode Hall Law School
Heather Burley, UBC Law Student
Charles Stankievech, University of Toronto, Assistant Prof, Faculty of Architecture
Katherine Donovan, University of Windsor, Law Student
Stuart Wright
Stuart Wright, UBC Law 2L
Iliad Nazhad, McGill 4L
Prof. David M. Tanovich, Windsor Law
Prof. Donna Marie Eansor, Windsor Law
Kathleen Lahey, Professor and Queen's National Scholar Faculty of Law, Queen's University
Emily Harris, University of Saskatchewan, J.D. Candidate 2015
Shealagh Mooney, University of Saskatchewan College of Law, Candidate 2016
Heather Burley, UBC Law Student
Tim Jones, University of Toronto Faculty of Law
Amber Carroll, Student, UNB Law
Erin Garbett, Osgoode Hall Law School, 1L Student
Dr. Dawn Moore, Law and Legal Studies, Carleton University, Co-Editor in Chief Canadian Journal of Law and Society
prof. Sheila McIntyre, retired full professor, Faculty of Law, University of Ottawa, Common Law Section
Sanda Rodgers, Professor Emerita, Faculty of Law, University of Ottawa
Claire Mummé, Assistant Professor, Windsor Law
Steven Broadley, Osgoode, Student
Leslie M. Anderson
Prof. Charles-Maxime Panaccio, Faculty of Law, University of Ottawa
Manjot Parhar, 3L University of Alberta
Gabriel Sandstrom, LLB
Gabriel Sandstrom, LLB, LLM Candidate Osgoode Hall Law School
Emma Wilson, law student, UBC
Sileny Chamorro, Osgoode Hall School of Law
Turner Ralston, University of Saskatchewan College of Law, J.D. Candidate 2016
Elinor Ireland
Shane O'Brien, lawyer
Vera Mirhady
Stephanie Pope, Lawyer, Toronto
Jennifer Wright, Student, Osgoode Hall Law School
Rachel Leck
J. Kitty Maurey
Joseph Granton, Osgoode Hall, Class of 2016
Cristina Candea, Osgoode Hall Law School, First Year Student
Zina Scott, University of Saskatchewan, law student, J.D. candidate 2017
Nicole Hataley, University of Saskatchewan College of Law, J.D. Candidate 2015
Pia Hundal, lawyer (Ontario)
Persia Etemadi
Tonya Kent, University of Saskatchewan, JD Candidate 2015
Ellen Bolger, u of s law
Tiffany Smith, Osgoode Hall student
Naomi Sayers, University of Ottawa, 1L
Mara Clarke, LSUC Member 2008
Erin Moores, 3L student, McGill University Faculty of Law
Andrea Chung, University of Saskatchewan College of Law, Student
Linh Le, University of Saskatchewan, College of Law
Nazifa Islam
Abhishek Vaidyanathan
Karen Ensslen
Anne-Marie Zapf-Belanger, law student, UBC
Danielle Bertin, Windsor Law Student
Heather Catania, Osgoode Hall Law School, Student
Heather Catania, Osgoode Hall Law School, Student
Michelle Beda, UBC Law, JD 2015
Nathan Tischler, Barrister & Solicitor
Heather Doi, UBC Law School, Student
Kara Takagi, University of Saskatchewan College of Law - Student
Deborah Rachlis, Articling Student
Richard Niman
Jennifer Ball, University of Victoria - 3L
Suzanne Zaccour, McGill Faculty of Law student
Sas Ansari, Osgoode Hall Law School, PhD Candidate
Stephanie Clark, law student, McGill
Erin Gray, J.D. Candidate (2015), University of Victoria
G. Passarelli, Osgoode, Student
William Skinner, University of British Columbia, JD Candidate
Amy Mintah, University of Ottawa, Law Student
Sarah Jones, University of Victoria, Faculty of Law
Melissa Ferguson, Osgoode Hall Law School, 2L
Alexander Currie, UBC, 3L
Kara Moen, University of Saskatchewan, Law Student
Ryan LaPlante
Lauren Hanon, McGill Faculty of Law, Student
Allison Render, McGill University Faculty of Law, Student
Jenni Lee Campbell
Gregory Rabin, UBC, 3L
Tyler Meyer, McGill University, law student
Martina Zanetti
Prof. Michael G Pratt, Faculty of Law, Queen’s University
Tessa Seager, University of British Columbia JD Candidate 2015
Sarah Nordin, Student, College of Law, University of Saskatchewan
Ila Mada, University of Toronto Faculty of Law
Berlyne Ngwentah N (Activist)
Judith Parker
Emily Jones, UBC Alumni, Articled Student
Daniel Pagan, University of Victoria Law
Kara L. Denny, Osgood Hall Law School, Lawyer
Windsor OUTlaws Executive (University of Windsor, Faculty of Law)
Jennifer Dagsvik
Katherine Shelley, Osgoode Hall Law Student
Daniel McBain
Sayuri Kagami, U of T Law (2L)
Rochelle Collette, Student, UBC Faculty of Law
Jennifer L. Schulz, Associate Professor, University of Manitoba Faculty of Law, Visiting Scholar in Residence, Centre for the Legal Profession, Faculty of Law, University of Toronto, Fellow, Winkler Institute for Dispute Resolution, Osgoode Hall Law School
Dr. Karen Pearlston, Associate Professor, Faculty of Law, UNB
Santino Dau, PhD, Queen's Law
Brenda Gershkovitch, UBC Law student
Léo Fugazza, Université de Sherbrooke
Amy Jaworsky, Law Student, University of Victoria
Courtney Barnes, University of Victoria Faculty of Law
Rebecca Lockwood, Osgoode JD '14
Semhar Woldai, Osgoode Hall Law School, 3L law student
Adrianna Banaszek, JD Candidate 2015
Nicholas McDonald, Uvic Law
Karey Brooks, JFK Law Corporation
Samantha Greer, JD Candidate 2015, University of Toronto
Jonathon Braun, UBC Law Class of 2015
Vanessa Williams, University of Saskatchewan College of Law, J.D. Candidate 2016
Dr. Shauna Butterwick, Associate Professor, Program Coordinator, Adult Learning and Education, UBC
Megan Coyle, UBC Law 3L
David Wu, University of British Columbia, JD Student
Daniel Paton, J.D. Candidate, 2016, University of Toronto
Aurora Curtis, JD Candidate, 2015, University of Toronto, Faculty of Law
Molly Churchill
Elin Sigurdson, lawyer, JFK law Vancouver
Miriam Vale Peters
Jean-Frédéric Hübsch, B.C.L./LL.B., McGill University
David Nisker, Osgoode Hall Law School
Mark Phillips, 4L, McGill University
Jason Davidson, McGill University, Student
Alain Deschamps, student, McGill Faculty of Law
Olga Redko, McGill University law student
Kaja Marinic, 2L, UBC Law
Adelle Anderson
Louise Marriott
Annie ODell, McGill Law, 3L
Astrid Mrkich
Michelle Legault, Osgoode Feminist Collective
Nilima Nigam, Professor of Mathematics, Simon Fraser University.
Natalie Hawkins. Western university
Angèle Périllat-Amédée, McGill University Faculty of Law, B.C.L. / LL.B. Candidate
Bhavandeep Sodhi, Osgoode Hall Law School
Oliver Alexander, University of Toronto, Physics student
Tamara Adler - University of Windsor
Rayleen Lister
Calla Barnett
Sarah Alghamdi, Osgoode Hall , Graduate Student
Jessica Walsh, 4L, McGill University Faculty of Law
David Groves, McGill Faculty of Law, Student
D. Christine Hammond
Etienne Domingue, Université de Sherbrooke,
Adriana Nigro, JD Candidate 2016, Western Law
Stacey MacTaggart, GALA Western
Arielle Lewis, Osgoode Hall Law School
Judy Hemming, Osgoode Hall Law School, student
Miriam Clouthier, BCL/LLB student, McGill University
Helene Love, university of toronto, student
University of Saskatchewan
Kristen Bates, University of Saskatchewan College of Law, LLB Candidate 2017
Jula Hughes, Associate Professor, UNB Law
Doris Buss, Professor, Carleton University
Patrick Stothers-Kwak, JD, Osgoode Hall Law School
Skye Sepp, Osgoode Hall Law School
Oriana Kilbourn-Ceron
Scott Bernstein, Barrister and Solicitor
Natasha Perri, McGill University
Julie Beauchamp, Faculty of Law, McGill University
Andrew L. Thompson, Lawyer
Frédérique Horwood, McGill Law, student
Katrina Pacey, Executive Director, Pivot Legal Society
Linguistics Student Association of Concordia University
Mireille Fournier, McGill University, Law Student
F.S.E. Arps, Oxford University, UK
Jeff Johnson, Articling Student, Pivot Legal Society
Megan Hodges, McGill Law School
Raymond Grafton, 2L, McGill Faculty of Law
Ms. Hannah Deegan, McGill Law Faculty
Alexander Gallichon, McGill Faculty of Law, 2L student
Noel Semple, University of Windsor Faculty of Law
Alison Nathaniel, McGill University, law student
Patrick Clendenning, McGill University, 1L
Colleen Morawetz, 1st year McGill Faculty of Law
Frédérique Thibault, B.C.L./LL.B. candidate at McGill University
Andrew Nguyen, Queen's University, Graduate Student (Political Studies)
Naiara Toker, McGill University Faculty of Law, student
Siena Holman
Hersi Hujaleh, McGill University Faculty of Law, Student
Andreas Dhaene - 1L McGill Faculty of Law
Jeremy Clemens-Mierau
Eloïse Gagné, student at l'Ecole du Barreau du Quebec
Caroline-Ariane Bernier, McGill Law University, Class of 2014 Graduate
Silvia Neagu, 4th year student at McGill Faculty of Law
Marco Garofalo, McGill Law (Student)
Lauren Phizicky, McGill Faculty of Law Student
Aurélie Lanctôt, McGill University, BCL/LLB student
Graham MacVannel, McGill University- Faculty of Law, Student
Marisa Cruickshank
Christie, McGill Law
Diann Chea, Osgoode 2014, articling student
Caroline Belair, student, McGill Law Faculty
Rachelle Bastarache, Student, McGill University.
Lana Belber, McGill University Faculty of Law, Student
Myriam Wills, McGill Law School, Student
Menachem Freedman, McGill Faculty of Law, 4L
Charlotte-Anne Malischewski, 3L, McGill Faculty of Law
Alexander Louis, Law student at McGill University
Kristy Sim, UBC law, international criminal lawyer
Erica Toews
Lesley Campbell, University of Windsor, Faculty of Law
Gajan Sathananthan, Student at McGill Law
Andre Capretti - Law student at McGill University
Kaitlyn O'Shaughnessy, 3L, McGill
Julie Lesage (BCL/LLB Candidate, McGill Faculty of Law)
Emilia Coto, Windsor Law
Jerika L. Coleman, Student, UNB Law
Sabrina Spencer 2L student, UBC Law Co-President, UBC Women's Caucus
Pat Chapman J.D. Candidate, 2016 University of Toronto, Faculty of Law
Sarah Walker, 3L, UNB Law
Coral Atchison TRU Law JD Candidate, 2016
Andrea Tredenick, 2nd year law student at McGill Faculty of Law
Delaney Greig, Law Student, McGill University
Lex Gill, McGill Faculty of Law (BCL/LLB Program)
Olivier Beaubien, McGill University Faculty of Law, Student
Professor Susan G. Drummond, Osgoode Hall Law School
Caitlin McCann, McGill University Faculty of Law
Sam Gregg-Wallace, McGill University Faculty of Law
Philippe Hébert, McGill University, Law student
Myriam Lapierre-Barbera, Law student
Steve Payette, McGill Law Student
Shannon Salter, lawyer
Katarina Daniels, McGill Law 3L student
Sara Andrade, McGill Faculty of Law, student
Kate Blomfield, Associate, Ratcliff & Company LLP
Annike, 2nd year student McGill Faculty of Law
Patricia Graham, OCT, M.A. J.D. Candidate, 2015, Faculty of Law, Queen's University
Britt Gunn
Amber Haighway, University of New Brunswick Faculty of Law, Student
Jo A. McFetridge, Barrister & Solicitor
Michelle Quigg, lawyer
Camille de Vasconcelos, McGill Law Student
Sherrie Quinn - Executive, Sexual Diversity Studies Alumni Association, University of Toronto
Jeansil Bruyere, McGill University, Faculty of Law, B.C.L. LL.B Candidate
Farnell Morisset, Faculté de droit de McGill
Jey Kumar, McGill, 2L
Karen Mirsky, lawyer
Kristen Gagnon
Jennifer L. Archer, LLB, LLM
Irene Karoutsos
Samuel Shoichet
Elisabeth Bruckmann, Barrister and Solicitor
Marcela Saitua, Lawyer (LSUC)
Tyler Goettl, McGill Law Student
Seva Batkin, Lawyer
Craig Glenn Giles, JD
Tracey Lorenson
Nicolas Lamp, Queen's University, Faculty of Law, Assistant Professor
Seth Whitmore, University of British Columbia
Feminist Collective of McGill Law Students
Andrew Luesley, UBC Law 3L ; and the Liberal Party of Canada at UBC Law Club
Kaisha Thompson, Queen's Law 2016
Elizabeth Teed, Queen's Law 2016
Christiana Lucko, University of British Columbia
Isabel Grant
Isabel Grant Professor of Law UBC
Michelle Gillespie, UBC Law Class of 2015
Jeff Courson - 3L UBC Law
Little Woo
Johanna Stein, Dalhousie University, 4 yr associate at MacLean Law
Glen Tedham, Articled Student
Little Woo
Dante Abbey, Barrister & Solicitor
Andra Syvanen, BCL/LLB Class of 2014
Jennifer Horton, UBC Law, 1L
Maya Soren, McGill University Faculty of Law, L.L.B./B.C.L. Candidate
Darcy McKitrick - University of British Columbia Faculty of Law, 3rd Year Student
Jackson Taylor, BBA (SFU), JD (UofA), LLM Candidate (Osgoode)
Louise A. James, lawyer
Sean Husband
Women and the Law - University of Windsor
Kyle Thompson, University of British Columbia Law School, 3L
Isabelle Keeler, UNB Faculty of Law
Katie Paterno, UNB Law Student
M Robin McCourt, UNB Faculty of Law
Asad Kiyani, Barrister & Solicitor, Law Society of Upper Canada; PhD Cand. UBC Faculty of Law
David Kemp, UBC Faculty of Law
scott whitley, UBC Law, 1L Social Council Representative
Hazen Valliant-Saunders
Kamilla Break, UBC Law, 1L
Sabrina A. Bandali
Sarah Godwin
Marc Beauchamp
Elise Everest, Articling Student
Warwick Walton, McGill Law Student
Kelsey Franks (McGill Law, Student)
Isabelle Jacovella Rémillard, law student, McGill University
Gabriel Sandstrom, Osgoode Hall Law School, LLM Candidate
Sheila Gibb
Nadja Rence, lawyer
Aimee O'Donnell, UBC law student
Kendra Milne, lawyer, BC
Zheting Su, University of Victoria, JD Student
Professor Martha Jackman, LL.B., LL.M., LSM Faculty of Law, University of Ottawa
Gemma Smyth, Associate Professor, Academic Clinic Director, Faculty of Law, University of Windsor
Erika Anschuetz, Juris Doctor Candidate 2016, University of New Brunswick
Bailey Campbell, UNB
Ted Flett, 2L UNB
Harini Sivalingam, Lawyer and PhD Student, York University
Dr. Ummni Khan, Carleton University, Associate Professor
Julie Shugarman, National Association of Women and the Law
National Association of Women and the Law
Rosel Kim, Student, McGill University Faculty of Law
Sophie Chiasson, Osgoode Hall Law School, Student
Brittany Greenberg, Student at Osgoode Hall Law School of York University, Osgoode Women's Network Junior Executive Member.
Heyla Vettyvel, Osgoode Hall Law School, Law Student
Kevin Feng, JD Candidate, Osgoode Hall Law School
Daria Risteska
Jordan Fine, Osgoode Hall Law School, JD Candidate
Lisa Johnson, student at Osgoode Hall Law School
Emily Home, Student at Osgoode Hall Law School
Melinda Robertson, University of Windsor, Law Student
JB Stewart
Kaitlyn Chewka
Ashley Bridgeman, Osgoode Hall Law School
Wendy Andersen, Associate, Digby Leigh & Co
Christina Lee, Student, University of British Columbia Faculty of Law
Tessa McLoughlin
Cheryl Giesbrecht (justice studies student and paralegal)
Ira Marcovitch, Osgoode Hall Law School
Marilyn Pilkington
Mary Jane Mossman, Professor, Osgoode Hall Law School
Amber Prince, BA. LL.B., LL.M, Adjunct Professor, UBC Faculty of Law

[1] Including, that women are less reliable and credible as witnesses if they have had prior sexual relations outside of marriage and are thus "unchaste"; that women are more likely to have consented to sexual advances if they have previously had sexual relations outside marriage; that a woman will always struggle to defend her honour, and, if discovered having sex will claim assault to protect their reputation; that women are “more emotional” than males and unless they complain to the first person they see following an assault, their credibility is undermined; that women often mean “yes” even when they say “no”; that often women's conduct, dress and demeanour provokes sexual assault; that women fantasize about rape and therefore fabricate reports of sexual activity even though nothing happened; that a husband cannot rape his wife (R. v. R., UK). Based on "Beyond the Myths: Equality, Impartiality and Justice", by Claire L'Heureux-Dubé.

[2] Cullen J., Transcript, Day 2, p, 199.

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