Home | WebMail | Register or Login

      Calgary | Regions | Local Traffic Report | Advertise on Action News | Contact

Nova Scotia

Ghomeshi trial could 'set back the clock' for victims, says military expert

An expert in military law wonders if the sexual assault trial of former CBC host Jian Ghomeshi will make it more difficult for the military to crack down on sexual misconduct.

Retired colonel Michel Drapeau says grilling alleged victims are receiving could impede people from reporting

Jian Ghomeshi faces his second week in a Toronto courtroom, on trial for four counts of sexual assault and one count of overcoming resistance by choking, all related to alleged assaults on three women from 2002 to 2003. (David Donelly/CBC)

A military law expert says fallout from the luridspectacle of the Jian Ghomeshi trial could make the Canadianmilitary's effort to stamp out sexual misconduct much harder.

Retired colonel Michel Drapeau says the grilling that the allegedvictims received in the witness box will almost certainly give pauseto women thinking about stepping forward to report a crime,particularly those in uniform.

"The trial will probably set back the clock for victims thatmight be thinking of coming forward," said Drapeau.

One of Ghomeshi'salleged victimsis actress Lucy DeCoutere, whois alsoa training and development officer in the Royal CanadianAir Forcebased in Halifax.

Ghomeshi has pleaded not guilty to the charges against him.

Signs victims are still hesitant

DeCoutere faced tough cross-examination about her relationshipwith the 48-year-old former CBC Radio host, and the trial comes asthe military struggles to get more alleged victims of sexualmisconduct to come forward through a newly established crisiscentre.

The country's top military commander, Gen. Jonathan Vance, hasmade it clear there will be zero tolerance for abusive behaviour ofany kind within the ranks, and he recently released an update thatsays eight investigations into inappropriate actions have beenlaunched.

One of the complainants in the Ghomeshi case is actress Lucy DeCoutere, who is also a training and development officer in the Royal Canadian Air Force and based in Halifax. (Chris So/Toronto Star/Getty Images)

Vance declined comment on how the Ghomeshi case might affect themilitary's effort, citing the ongoing court case.

The progress report from National Defence shows the crisis centrereceived 206 phone calls, emails and texts, of which 99 wererequests for information a figure Drapeau interprets as a signthat victims are still hesitant.

He says reluctance to report sexual violence or inappropriateadvances is more intense for people in uniform because there's agreater potential impact on the victims' careers than there would bein the general population.

Military members not covered by victims bill

There is also the added disincentive that members of the militaryare not covered by the federal Victims Bill of Rights, introduced bythe former Conservative government, Drapeau said.

Military tribunals such as courts martial are deliberatelyexcluded under the law. Through the legislation, victims of crimecan expect to be kept informed by authorities about the progress oftheir case. They're allowed to speak in court and give victim impactstatements.

Drapeau says it's sad and ironic that people who fight forfreedoms overseas are "disenfranchised at home."

A spokeswoman for National Defence, Maj. Holly-Anne Brown, saysthe military justice system has safeguards and procedures built intoit that are meant to protect victims' rights, including writtenpolicy directives that require uniformed prosecutors to considervictims' views in the handling of a case.

Last June, the Conservatives introduced legislation that wouldhave created a military victims bill of rights, but the legislationdied when the election was called.