Survivors and advocates call on Ontario to end its ban on restorative justice for sexual assault cases, citing healing potential and lack of meaningful choice.
Survivors Challenge Ontario’s Justice Limits
In a growing call for change, survivors of sexual violence in Ontario are demanding the provincial government eliminate a policy that prevents Crown prosecutors from referring sexual assault cases to community justice programs, also known as restorative justice.
A Healing Alternative Shut Out by Policy
Marlee Liss, a Toronto woman and survivor of sexual assault, described how restorative justice transformed her experience after enduring years in a criminal legal process she found traumatizing. In 2019, her case was diverted outside the courtroom, allowing her to hear an apology directly from her alleged assailant after months of therapy. That moment, she said, marked the beginning of true healing.
But Liss’s case was an exception. Ontario policy currently bars prosecutors from offering such a path for sexual offences. Despite the benefits Liss experienced, the Crown attorney who approved her case for diversion was later disciplined.
Advocacy for Change Gathers Momentum
Survivors 4 Justice Reform, a global advocacy group founded by Liss, has written an open letter to Ontario’s Ministry of the Attorney General, urging the policy’s removal. Co-signed by 50 organizations and individuals working in sexual assault advocacy, the letter argues the province’s stance perpetuates a rigid, harmful approach.
“Denying survivors this option perpetuates a one-size-fits-all approach that fails to meet the complex realities of sexual violence,” the letter states.
Government Remains Silent on Reforms
As of now, the Ministry of the Attorney General has not responded directly to the letter. When contacted, ministry spokesperson Charlotte Carron declined to discuss the policy or potential reforms, citing the need to first review the open letter.
The current Crown Prosecution Manual permits restorative justice only when the accused accepts responsibility and commits to meaningful amends. Yet for sexual assault, these cases remain categorically off-limits within the court system.
Missed Opportunities and Emotional Toll
For many, restorative justice remains an unknown or inaccessible option. Survivors like Emily Quint, whose case was stayed in 2023 due to court delays, say they might have chosen that path if they had known it existed. Quint says the court experience retraumatized her. “I wanted healing for myself and for him — not just punishment,” she said.
According to Ontario’s Ministry of the Attorney General, 59 sexual assault cases were stayed in 2023 alone due to court delays, leaving survivors like Quint without justice or closure.
Structural Barriers and Lack of Access
Legal advocates say the lack of referral options directly contributes to the scarcity of restorative justice services across Ontario. Deepa Mattoo, director of the Barbra Schlifer Commemorative Clinic, supports expanding choices for survivors but notes many clinics don’t refer to restorative programs due to their limited availability.
Rosel Kim, a senior staff lawyer at the Women’s Legal Education and Action Fund (LEAF), agrees that policy reform must come with funding. “If you just lift the moratorium but don’t provide options, that’s not meaningful either,” she said.
A Call for Survivor-Centered Justice
As pressure builds, advocates say Ontario must rethink its approach to justice — one that centers the voices, boundaries, and healing of survivors. Restorative justice, they argue, is not about excusing harm, but about offering a pathway to accountability and recovery that the legal system often fails to provide.
“Perpetrators are not on the hook right now,” Liss said. “Let’s build a system that finally listens to survivors.”
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