| The Canadian Criminal Code offers statutory protection to complainants in sexual assault prosecutions that prevents the public disclosure of their identity. While this mechanism is primarily conceptualized as one that prevents the media from publishing or broadcasting a complainant's name or other identifying details, it also has the effect of preventing complainants themselves from revealing their identity in a public manner.;The author posits that this constraint may in fact be an unintended and unforeseen ancillary effect of the law, one that offends a complainant's rights to freedom of expression, liberty, and equality under the Charter . This infringement, the author argues, is exacerbated by the apparent uncertainty regarding how to give effect to the wishes of a complainant who seeks to have the ban on her identity rescinded. In conclusion, the author proposes a statutory amendment to the current ban to overcome the defects inherent in the current law. |
