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The Supreme Court of Canada in R v Sheppard, 2025 SCC 29, recently reaffirmed important legal principles in the context of sexual violence crimes, which principles apply in professional discipline hearings involving allegations of sexual abuse or misconduct.
The SCC addressed, once again, prohibited myths and stereotypes in considering a complainant’s allegations of sexual abuse, noting: “the law no longer tolerates any suggestion that the complainant is less credible because they did not confront their abuser.” The SCC also rejected a finding by the Alberta Court of Appeal that the facts of a troubled past, or that a complainant underwent therapy, could, on their own, make the complainant less reliable.
The SCC confirmed that, for historical offences, while the sanction must be considered in accordance with the law applicable at the time of the offence, the decision-maker must consider societal perspectives that prevail at the time of sanction, stating that “[s]ocietal appreciation of the nature of criminal acts is bound to evolve over time.”
Further, the mitigating effect of a blameless record may be appropriate for an isolated act or one committed in the spur of the moment, but not where actions occur repeatedly or over a period of time. The SCC also found no error that the trial judge placed no weight on character references, noting sexual abuse occurs in private and “will not, in most cases, be reflected in the offender’s reputation in the community.”
The case is also a helpful reminder of the many purposes served by a written decision, including holding decision-makers accountable to the public, providing an intelligible result to the parties and enabling effective appellate review.
our two cents for free
The principles set out above are not new. The decision of the SCC is an important reminder that decision-makers continue to struggle with ensuring the proper application of established legal principles in sexual abuse cases.
question
Do your tribunals have sufficient training to understand and properly apply fundamental legal principles that apply in the context of allegations of sexual abuse or misconduct?
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