96.16EM Emergency Resolution: The Release of Confidential Therapeutic Records of Rape Complainants
Whereas, The December, 1995 ruling of the Supreme Court of Canada which allows the release of confidential therapeutic records of rape complainants feeds the most destructive myth surrounding sexual assault, that those women who report rape (as opposed to other crime) are peculiarly likely to be liars, discreditable, or easily duped; and,
Whereas, The release of therapeutic records will jeopardize the essential ingredient of counselling; the establishment of a sense of safety and containment for women; and,
Whereas, The therapeutic records of rape complainants are not scientifically gathered or tested for purposes of crime detection; and,
Whereas, The guidelines set by the Supreme Court of Canada decision to limit cases in which personal files can be used are vague; and,
Whereas, Although there has been much improvement in the ?sensitivity? of judges in Canada, this sensitivity cannot be assumed; therefore, be it,
RESOLVED, that the National Council of Women of Canada urge the Government of Canada and Justice Minister, Allan Rock, to introduce legislation as quickly as possible which will guarantee the confidentiality and privacy of the therapeutic records of rape complainants.