Not necessary to know victim's name: lawyers

Terri Saunders

Thursday, November 16, 2006 - 10:00

Local News - It will not be necessary to know the name of a sexual abuse victim in order to properly analyze institutional response to abuse complaints, lawyers argued at the Cornwall Public Inquiry Wednesday. On Nov. 7, lawyers for the Canadian Broadcasting Company argued banning the names of victims and alleged victims from being published and broadcast in the media is tantamount to placing a gag order on individuals who otherwise may want to tell their stories.

"(It is) a violation of that victim's freedom of expression," said Tony Wong, a lawyer for CBC. "In the case such as this inquiry where so many victims were allegedly not believed or where their complaints were not immediately addressed . . . further silencing them or requiring them to make an application to court would be a violation of their freedom of the press."

Some parties at the inquiry are seeking the protection of the identity of a number of victims including those who have never come forward with the intent of taking part in the inquiry. On Wednesday, a handful of parties chimed in on the issue, most suggesting there is no benefit to the inquiry to begin publicizing the names of victims who otherwise wish to remain anonymous or who have not expressed a desire to be public.

"I don't understand why any information you need hinges on identity," said Dallas Lee, a lawyer for The Victims Group. "We must not permit the revictimization of people by publishing names."

Peter Chisholm, a lawyer representing the Children's Aid Society, agreed with Lee's submission publishing the names of victims will not advance the inquiry's mandate, which is to investigate the response of public institutions to abuse allegations.

"Nothing will turn on the name of a victim," said Chisholm.

Wong has said each victim should retain the right to speak publicly and not be subjected to any unwanted blanket publication ban.

"The victim has a right to talk about their abuse, be it for therapeutic reasons or because they want to share with other abuse victims so they can help them in their recovery," Wong said. "That right shouldn't be subject to having to come back to the inquiry to make an application because it's their right. It's their story."

Comm. Normand Glaude is expected to rule on the issue in the near future.