N.W.T. courts seeing fewer sexual assault cases in recent years

Courts in the Northwest Territories have handled fewer cases of sexual assault in recent years —according to Statistics Canada — but the numbers don't tell the whole story.

The number of sexual assault cases reaching a final decision in N.W.T. courts has dropped by about 63 per cent over the past two decades.

But the figures reflect court processing, not the number of assaults, and are shaped by changes in charging practices, reporting, and how cases are defined.

According to Statistics Canada, whose most recent figures go until 2024, the territory once came to 15 decisions in one year on sexual assault cases involving multiple charges. All but one ended in a guilty verdict.

That was in 2004. Two decades later, in 2023-2024, the adult criminal courts in N.W.T. came to just six decisions on multi-charge cases. Two ended in a guilty verdict.

N.W.T. RCMP say many sexual assaults continue to go unreported.

"The given data does not include cases that don’t make it to court," police said in an email to CBC News. "These could include, for example, matters in which the complainant ultimately decides they don’t want charges, or cases in which there isn’t sufficient evidence to lay a charge."

RCMP provided their own statistics to CBC News. It shows the total sexual assault cases reported to the police in the N.W.T. in the last decade, as well as the number of these cases that resulted in charges being laid.

Another factor, police add, is that "many sexual assaults are never reported at all."

Changes to Criminal Code

Chief federal prosecutor for the Public Prosecution Service of Canada in the N.W.T., Alex Godfrey, said sexual assault cases have been, and still are, a major part of the Public Prosecution Service's work.

Godfrey said something that has made prosecutions more complicated in recent years is specific changes in the Criminal Code.

Those specific changes are for sections 276 and 278 that deal with what evidence, related to a person's sexual activity, is deemed admissible in court.

"For instance, communications, any text messages, conversations that go on, they have to be deliberated as to whether those are brought before the courts and allowed to be put into evidence," said Godfrey.

He said that can extend the entire process of going to court for sexual assault.

"In years past, a regular trial that would have taken a week now takes two to three weeks when you add in time for applications, and preparation time, and meeting with and setting up times for the various lawyers," Godfrey said.

"It can definitely extend the time frame for a resolution of these matters. And I know that's one thing people are looking for, is for a timely resolution."

'A lot of stigma'

Lisa Boucher, and assistant professor in gender and social justice at Trent University, said it's essential to track sexual assault rates, whether it’s for a city, territory or country, as it conveys the urgency of solving issues related to gender-based violence. 

Collecting data also provides direction for allocating resources toward both support and prevention efforts, she added.

Boucher also said it’s difficult obtaining an accurate rate of sexual assault because reporting rates are very low.

“There’s a lot of stigma and a lot of silence around these issues,” she said, noting that shame and victim-blaming around sexual assault can make it difficult for survivors to come forward. 

There can also be a lack of support available, Boucher added. And for people living in small, remote communities, it can be especially difficult.

“A lot of services and supports that are available are concentrated in urban centres, so for folks in more northern communities, or more isolated communities, it can be more challenging to find the help that they need,” said Boucher.

Boucher said education, especially for professionals who interact with sexual assault survivors, is a key to challenging myths around assault.